Connecticut General Statutes

Conn. Gen. Stat. § 22a-428 (2026)

(Formerly Sec. 25-54g). Orders to municipalities to abate pollution

✓ current as of May 2026

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If the commissioner finds that any municipality is causing pollution of the waters of the state, or that a community pollution problem exists, or that pollution by a municipality or a community pollution problem can reasonably be anticipated in the future, he may issue to the municipality an order to abate pollution. If the commissioner, after giving due regard to regional factors, determines that such pollution can best be abated by the action of two or more adjacent municipalities, he may issue his order jointly or severally to such municipalities. If a community pollution problem exists in, or if pollution is caused by, a municipality geographically located all or partly within the territorial limits of another municipality, the commissioner may, after giving due regard to regional factors, determine which municipality shall be ordered to abate the pollution or may, after giving due regard to regional factors, issue an order to both of such municipalities jointly to provide the facilities necessary to abate the pollution. Any order issued pursuant to this section shall include a time schedule for action by the municipality or municipalities, as the case may be, which may require, but is not limited to, the following steps to be taken by such municipality or municipalities: (a) Submission of an engineering report outlining the problem and recommended solution therefor for approval by the commissioner; (b) submission of contract plans and specifications for approval by the commissioner; (c) arrangement of financing; (d) acceptance of state and federal construction grants; (e) advertisement for construction bids; (f) start of construction; (g) placing in operation.

(1967, P.A. 57, S. 7; 1969, P.A. 153; 1971, P.A. 872, S. 83; P.A. 73-665, S. 8, 17.)

History: 1969 act authorized water resources commission to issue order jointly or severally to municipalities when determination is made that abatement action would best be undertaken by two or more adjacent municipalities and made minor technical changes; 1971 act replaced references to water resources commission with references to environmental protection commissioner; P.A. 73-665 made commissioner's actions under section discretionary rather than mandatory, replacing “shall” with “may”; Sec. 25-54g transferred to Sec. 22a-428 in 1983.

Annotation to former section 25-54g:

Cited. 170 C. 31.

Annotations to present section:

Cited. 226 C. 358; 237 C. 135.

Cited. 21 CA 91.

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Notes of Decisions

Cited in 9 cases, 1990–2003 · leading case: Keeney v. Town of Old Saybrook, 676 A.2d 795 (Conn. 1996).

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Keeney v. Town of Old Saybrook, 676 A.2d 795 (Conn. 1996). · cites it 9× “In counts one, two, three and eight of the substitute amended complaint, the commissioner alleged that Old Saybrook had violated General Statutes § 22a-428 3 by failing to comply with orders *140 3109, 3110, 3111 and modified order 4116.”

Starr v. Comm'r of Env't Prot., 627 A.2d 1296 (Conn. 1993). · cites it 4× “In the absence of such a third party, the defendant appropriately issued the plaintiff an enforcement order, pursuant to § 22a-432, because she was the owner of the fee and had dominion over the land on which the pollution exists. The plaintiff, however, argues that § 22a-432…”

Connecticut Coalition Against Millstone v. Rocque, 836 A.2d 414 (Conn. 2003). “Any such action brought by the Attorney General shall have precedence in the order of trial as provided in section 52-191.”

Comm'r of Env't Prot. v. Connecticut Bldg. Wrecking Co., 629 A.2d 1116 (Conn. 1993). “If any person or municipality fails to comply with any order to abate pollution, or any part thereof, issued pursuant to the provisions of section 22a-428, 22a-431 or 22a-433, and no request for a hearing on such order or appeal therefrom is pending and the time for making such…”

River Bend Assocs., Inc. v. Water Pollution Control Auth., 809 A.2d 492 (Conn. 2002). “” General Statutes § 22a-436 provides: “Each order to abate pollution issued under section 22a-428 or 22a-431 or decision under subsection (b) or (c) of section 22a-430 shall be sent by certified mail, return receipt requested, to the subject of such order or decision and shall…”

Starr v. Comm'r of Env't Prot., 675 A.2d 430 (Conn. 1996). “Each order to abate pollution issued under section 22a-428 or 22a-431 or decision to deny under subsection (b) or (c) of section 22a-430 shall be sent by certified mail, return receipt requested, to the subject of such order or decision to deny and shall be deemed issued upon…”

Pac v. Upjohn Co., 571 A.2d 160 (Conn. App. Ct. 1990). · cites it 2× “See General Statutes § 22a-428 (orders to municipalities to abate pollution); General Statutes § 22a-430 (d) (orders to abate pollution for discharges without a permit or in violation of a permit); General Statutes § 22a-431 (orders to abate pollution after an investigation of…”

BRT Gen. Corp. v. Water Pollution Control Auth., 826 A.2d 1109 (Conn. 2003). “) General Statutes § 22a-436 provides: “Each order to abate poEution issued under section 22a-428 or 22a-431 or decision under subsection (b) or (c) of section 22a-430 shaE be sent by certified maE, return receipt requested, to the subject of such order or decision and shaE be…”

Cyr v. Town of Coventry, 582 A.2d 452 (Conn. 1990). “” General Statutes § 22a-435 provides: “If any person or municipality fails to comply with any order to abate pollution, or any part thereof, issued pursuant to the provisions of section 22a-428, 22a-431 or 22a-433, and no request for a hearing on such order or appeal therefrom…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.