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 request or taking such appeal has expired, the commissioner may request the Attorney General to bring an action in the superior court for the judicial district of Hartford to enjoin such person or municipality from maintaining such pollution and to comply fully with such order or any part thereof. 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.
(1967, P.A. 57, S. 14; 1971, P.A. 872, S. 90; P.A. 73-38, S. 4, 8; P.A. 78-280, S. 6, 127; P.A. 86-239, S. 8, 14; P.A. 87-261, S. 7; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8.)
History: 1971 act replaced reference to water resources commission with reference to environmental protection commissioner; P.A. 73-38 added reference to Sec. 25-27 and made commissioner's request for court action discretionary rather than mandatory, substituting “may” for “shall”; P.A. 78-280 replaced “Hartford county” with “judicial district of Hartford-New Britain”; Sec. 25-54n transferred to Sec. 22a-435 in 1983; P.A. 86-239 deleted reference to repealed Sec. 22a-418; P.A. 87-261 deleted an obsolete reference to Sec. 22a-429; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial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.
Annotation to former section 25-54n:
Cited. 170 C. 29.
Annotations to present section:
Cited. 204 C. 38; 216 C. 436; 227 C. 175; 237 C. 135.
Cited. 21 CA 91; 41 CA 89.
Notes of Decisions
Keeney v. Town of Old Saybrook, 676 A.2d 795 (Conn. 1996).
· cites it 8× “See General Statutes §§ 22a-435 and 22a-438. Nowhere in this comprehensive statutory scheme, however, is the commissioner explicitly prevented from suing to enjoin violations of § 22a-427.”
Connecticut Water Co. v. Beausoleil, 526 A.2d 1329 (Conn. 1987).
· cites it 6× “2 A suit for injunctive relief and compliance with the commissioner’s order was brought against the defendant by the attorney general at the request of the commissioner as provided by General Statutes § 22a-435. 3 *42 The complaint alleged that the commissioner had issued an…”
Pac v. Upjohn Co., 571 A.2d 160 (Conn. App. Ct. 1990).
· cites it 7× “10 Further, in the context of the CWPC A in its entirety, we do not view General Statutes § 22a-435, which provides for injunctive relief, as an exclusive remedy for violations of § 22a-431.”
Cyr v. Town of Coventry, 582 A.2d 452 (Conn. 1990).
· cites it 4× “Thereafter, the commissioner of the DEP, pursuant to General Statutes §§ 22a-435 7 and 22a-458, instituted an action against the defendants to enforce the sewer construction order.”
Zoning Comm'n v. Fairfield Resources Mgmt., Inc., 674 A.2d 1335 (Conn. App. Ct. 1996).
· cites it 2× “The defendant could have sought, but did not seek, a hearing before the commissioner to contest or modify the order as provided in General Statutes §§ 22a-432 and 22a-436. Id., 41. Thereafter, a suit for injunctive relief and compliance with the commissioner’s order was…”
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.