Connecticut General Statutes

Conn. Gen. Stat. § 22a-432 (2026)

(Formerly Sec. 25-54k). Order to correct potential sources of pollution

✓ current as of May 2026

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If the commissioner finds that any person has established a facility or created a condition before or after June 25, 1985, or is maintaining any facility or condition which reasonably can be expected to create a source of pollution to the waters of the state, he may issue an order to such person to take the necessary steps to correct such potential source of pollution. Any person who receives an order pursuant to this section shall have the right to a hearing and an appeal in the same manner as is provided in sections 22a-436 and 22a-437. If the commissioner finds that the recipient of any such order fails to comply therewith, he may request the Attorney General to bring an action in the superior court for the judicial district of Hartford to enjoin such person from maintaining such potential source of pollution to the waters of the state or to take the necessary steps to correct such potential source of pollution. All actions brought by the Attorney General pursuant to the provisions of this section shall have precedence in the order of trial as provided in section 52-191. An innocent landowner, as defined in section 22a-452d, shall not be held liable, except through imposition of a lien against the contaminated real estate under section 22a-452a, for any order issued under this section on or before August 1, 1990, which order is subject to appeal as of July 6, 1995, and, after July 1, 1996, for any order issued under this section after July 1, 1996.

(1967, P.A. 57, S. 11; 1971, P.A. 872, S. 87; P.A. 73-665, S. 12, 17; P.A. 78-280, S. 6, 127; P.A. 84-239, S. 1; P.A. 85-392, S. 4, 5; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-190, S. 9, 17; 95-218, S. 18, 24; 95-220, S. 4–6.)

History: 1971 act replaced references to water resources commission with references to environmental protection commissioner; P.A. 73-665 made commissioner's issuance of orders to correct potential pollution sources discretionary rather than mandatory, substituting “may” for “shall”; P.A. 78-280 replaced Hartford county with judicial district of Hartford-New Britain; Sec. 25-54k transferred to Sec. 22a-432 in 1983; P.A. 84-239 authorized the commissioner to issue orders to persons establishing a facility or creating a condition which may cause pollution and authorized court action to require correction of potential sources of pollution; P.A. 85-392 made provisions applicable to conditions “before or after June 25, 1985”; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-190 provided a limitation on liability under this section for innocent landowners, effective June 29, 1995; P.A. 95-218 confined the liability protection for innocent landowners to orders issued before July 1, 1990, or after July 1, 1996, effective July 6, 1995; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

Annotations to former section 25-54k:

Joinder of necessary parties to injunctive action discussed. 180 C. 568.

Cited. 32 CS 121.

Annotations to present section:

Cited. 204 C. 38. Mere ownership of real property is sufficient basis for imposing liability under statute. 226 C. 358. Cited. 236 C. 722. Officer of a corporation personally liable for abatement of a violation of section when the officer is in a position of responsibility that allows him to influence corporate policies and activities, there is a nexus between his actions or inactions in that position and the violation such that the officer influenced the corporate actions constituting the violation, and his actions or inactions resulted in the violation. 256 C. 602.

Cited. 21 CA 91; 41 CA 89; Id., 120; 42 CA 563. Commissioner may impose liability under section on a landowner who takes title to property with notice that it is polluted, and then maintains the pollution by failing to abate it; owner with notice of pollution on his or her property may not escape liability for its abatement merely by leasing it to a tenant. 161 CA 837.

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Sec. 22a-433. (Formerly Sec. 25-54l). Order to landowner. Whenever the commissioner issues an order to abate pollution to any person pursuant to the provisions of section 22a-430 or 22a-431, an order to correct potential sources of pollution pursuant to the provisions of section 22a-432 or an order to correct a violation of hazardous waste regulations pursuant to section 22a-449 and the commissioner finds that such person is not the owner of the land from which such source of pollution or potential source of pollution emanates, he may issue a like order to the owner of such land or shall send a certified copy of such order, by certified mail, return receipt requested, to the owner at his last-known post-office address, with a notice that such order will be filed on the land records in the town wherein the land is located. When the commissioner issues such an order to an owner, the owner and the person causing such pollution shall be jointly and severally responsible. Any owner to whom such an order is issued or who receives a certified copy of an order pursuant to this section shall be entitled to all notices of, and rights to participate in, any proceedings before or orders of the commissioner and to such hearing and rights of appeal as are provided for in sections 22a-436 and 22a-437. An innocent landowner, as defined in section 22a-452d, shall not be held liable except through imposition of a lien against the contaminated real estate under section 22a-452a, for any assessment, fine or other costs imposed by the state under this section in any enforcement or cost recovery action if such action has become final, and is no longer subject to appeal, prior to June 30, 1993.

(1967, P.A. 57, S. 12; 1971, P.A. 872, S. 88; P.A. 73-665, S. 13, 17; P.A. 84-239, S. 2; P.A. 87-261, S. 6; P.A. 90-230, S. 35, 101; P.A. 93-375, S. 3, 4.)

History: 1971 act replaced references to water resources commission with references to environmental protection commissioner; P.A. 73-665 made technical correction; Sec. 25-54l transferred to Sec. 22a-433 in 1983; P.A. 84-239 added provisions authorizing the commissioner to order correction of potential sources of pollution or hazardous waste violations and requiring notice to the landowner that the order will be filed on the land records; P.A. 87-261 deleted an obsolete reference to Sec. 22a-429; P.A. 90-230 corrected an internal reference; P.A. 93-375 added provisions re an innocent landowner defense, effective June 30, 1993.

Cited. 226 C. 358; Id. 737.

Cited. 21 CA 91.

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Notes of Decisions

Cited in 22 cases, 1987–2015 · leading case: Starr v. Comm'r of Env't Prot., 627 A.2d 1296 (Conn. 1993).

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Starr v. Comm'r of Env't Prot., 627 A.2d 1296 (Conn. 1993). · cites it 82× “Starr, can be held liable pursuant to General Statutes § 22a-432, 2 to correct a condition on her land that can reasonably be expected to create a source of pollution to the waters of the state, 3 even though she did not create the condition, acquiesce in its creation, or even…”

BEC Corp. v. Dep't of Env't Prot., 119 A.L.R. 5th 673 (Conn. 2001). · cites it 27× “” The commissioner, pursuant to General Statutes § 22a-432, 2 ordered the plaintiffs to prevent further pollution at the site, to investigate existing and potential pollution at the site, to undertake remedial actions to abate that pollution, and to monitor the effectiveness of…”

Connecticut Water Co. v. Beausoleil, 526 A.2d 1329 (Conn. 1987). · cites it 9× “The prior administrative action involved an order of the commissioner of the department of environmental protection (commissioner) which was previously issued to the defendant pursuant to the Water Pollution Control Act, General Statutes § 22a-432. 1 That order required the…”

Ventres v. Goodspeed Airport, LLC, 881 A.2d 937 (Conn. 2005). · cites it 5× “, 617; and because the broad remedial purpose of the act is to “achieve clean water [despite] possible individual hardship”; (internal quotation marks omitted) id.”

Celentano v. Rocque, 923 A.2d 709 (Conn. 2007). · cites it 6× “1992), we adopted the responsible corporate officer doctrine to impose liability under General Statutes § 22a-432, which is part of the Water Pollution Control Act, General Statutes § 22a-416 et seq.”

Cadlerock Props. Jt. Venture, L.P. v. Comm'r of Env't Prot., 757 A.2d 1 (Conn. 2000). · cites it 5× “This court previously has upheld the commissioner’s authority to issue a permit for a solid waste facility under General Statutes § 22a-208a (b) and to issue orders to abate pollution under General Statutes § 22a-432, which was relied upon to issue the abatement order to the…”

Starr v. Comm'r of Env't Prot., 675 A.2d 430 (Conn. 1996). · cites it 7× “Because the commissioner determined that the plaintiff was maintaining a condition that was reasonably expected to create a source of pollution to the waters of the state in violation of General Statutes § 22a-432, 3 the commissioner issued *725 an order to the plaintiff on July…”

Zoning Comm'n v. Fairfield Resources Mgmt., Inc., 674 A.2d 1335 (Conn. App. Ct. 1996). · cites it 5× “That order contained a finding that the defendant was maintaining a facility “ ‘which reasonably can be expected to create a source of pollution of the waters of the state.”

Nizzardo v. State Traffic Comm'n, 788 A.2d 1158 (Conn. 2002). · cites it 2× “That action had itself followed an administrative proceeding by the commissioner to require the defendant to take certain remedial actions.”

ATC P'ship v. Coats North Am. Consol., Inc., 935 A.2d 115 (Conn. 2007). · cites it 2× “7 A consent agreement is defined in General Statutes § 22a-432, which provides in relevant part: “If the commissioner finds that any person .”

Morris v. Cee Dee, LLC, 877 A.2d 899 (Conn. App. Ct. 2005). · cites it 2× “The court’s articulation makes clear that it attached the assets of the individual defendant because it found that the plaintiffs had presented *417 sufficient evidence to demonstrate that they had brought the condition of the grate to the attention of the individual defendant…”

Connecticut Coastal Fishermen's Ass'n v. Remington Arms Co., 777 F. Supp. 173 (D. Conn. 1991). · cites it 2× “"An administrative enforcement action is comparable only when the state has commenced and is diligently prosecuting an administrative action for civil penalties or when the State has issued a final order not subject to review, for which the violator has paid the penalty.”

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