Connecticut General Statutes

Conn. Gen. Stat. § 22a-436 (2026)

(Formerly Sec. 25-54o). Hearing on order to abate

✓ current as of May 2026

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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 be deemed issued upon deposit in the mail. Any person who or municipality which is aggrieved by any such order or decision to deny an application or, in the case of a permit issued pursuant to the federal Water Pollution Control Act, any decision without prior hearing under subsection (b) or (c) of section 22a-430 may, within thirty days from the date such order or decision is sent, request a hearing before the commissioner. The commissioner shall not grant any request for a hearing at any time thereafter. After such hearing, the commissioner shall consider the facts presented to him by the person or municipality, including, but not limited to, technological feasibility, shall consider the rebuttal or other evidence presented to or by him, and shall then revise and resubmit the order to the person or municipality, or inform the person or municipality that the previous order has been affirmed and remains in effect. The request for a hearing as provided for in this section or a decision under subsection (b) or (c) of section 22a-430 made after a public hearing shall be a condition precedent to the taking of an appeal by the person or municipality under the provisions of section 22a-437. The commissioner may, after the hearing provided for in this section, or at any time after the issuance of his order, modify such order by agreement or extend the time schedule therefor if he deems such modification or extension advisable or necessary, and any such modification or extension shall be deemed to be a revision of an existing order and shall not constitute a new order. There shall be no hearing subsequent to or any appeal from any such modification or extension.

(1967, P.A. 57, S. 15; 1971, P.A. 872, S. 91; P.A. 73-38, S. 5, 8; P.A. 74-338, S. 26, 94; P.A. 82-111, S. 2; P.A. 86-239, S. 9, 14; P.A. 87-261, S. 8; P.A. 98-209, S. 2.)

History: 1971 act replaced references to water resources commission with references to environmental protection commissioner; P.A. 73-38 added references to Sec. 25-27 and to Subsec. (b) of Sec. 25-54i; P.A. 74-338 made technical correction; P.A. 82-111 made technical revisions for consistency with changes in Sec. 25-54i and specified that commissioner shall not grant request for hearing after expiration of thirty-day limit; Sec. 25-54o transferred to Sec. 22a-436 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 and required notice for orders issued pursuant to Subsec. (c) of Sec. 22a-430; P.A. 98-209 modified provisions re standing to appeal orders or decisions to deny permits issued pursuant to federal Water Pollution Control Act.

Annotations to former section 25-54o:

Former statute cited. 148 C. 586. Cited. 170 C. 29; 180 C. 568.

Annotations to present section:

Cited. 204 C. 38; 226 C. 358; 236 C. 722; 237 C. 135.

Cited. 21 CA 91; 41 CA 89; Id., 120.

Cited. 42 CS 348.

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Notes of Decisions

Cited in 18 cases, 1986–2015 · 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 23× “Keeney, commissioner of environmental protection (commissioner), brought suit in eight counts for declaratory and injunctive relief and for civil penalties against the defendant, the town of Old Saybrook, for allegedly violating four orders to abate pollution, and consequently…”

River Bend Assocs., Inc. v. Water Pollution Control Auth., 809 A.2d 492 (Conn. 2002). · cites it 6× “” 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., 627 A.2d 1296 (Conn. 1993). · cites it 3× “” *362 The plaintiff filed a timely appeal of the defendant’s order pursuant to General Statutes § 22a-436. 5 An administrative hearing on the plaintiff’s appeal was held on March 4 and March 11, 1991, before an adjudicator appointed by the defendant.”

Starr v. Comm'r of Env't Prot., 675 A.2d 430 (Conn. 1996). · cites it 5× “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…”

Connecticut Water Co. v. Beausoleil, 526 A.2d 1329 (Conn. 1987). · cites it 3× “” General Statutes § 22a-436 provides in pertinent part: “hearing on order to abate.”

BRT Gen. Corp. v. Water Pollution Control Auth., 826 A.2d 1109 (Conn. 2003). · cites it 7× “) 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…”

Vernon Vill., Inc. v. Carothers, 585 A.2d 76 (Conn. 1991). · cites it 2× “to abate pollution may, after a hearing by the commissioner as provided for in section 22a-436 or subsection (b) of section 22a-430, appeal from the final determination of the commissioner based on such hearing to the superior court .”

Pac v. Upjohn Co., 571 A.2d 160 (Conn. App. Ct. 1990). · cites it 5× “In addition, the court noted that the defendant should have pursued its objections through an administrative challenge under General Statutes §§ 22a-436 and 22a-437, or by filing for review in the court of appeals, rather than after the fact in defense to an enforcement action.”

Connecticut Fund for the Env't, Inc. v. Upjohn Co., 660 F. Supp. 1397 (D. Conn. 1987). · cites it 2× “Defendant could have pursued objections to the Permit either through an administrative challenge pursuant to Conn.Gen.Stat. §§ 22a-436 & -437 or by filing for review in the Court of Appeals.”

Connecticut Coalition Against Millstone v. Rocque, 836 A.2d 414 (Conn. 2003). “nated or is maintaining any discharge into the waters of the state without a permit as required in subsection (a) hereof, or in violation of such a permit, he may issue an order to abate pollution which shall include a time schedule for the accomplishment of the necessary steps…”

Comm'r of Env't Prot. v. Connecticut Bldg. Wrecking Co., 629 A.2d 1116 (Conn. 1993). “The provisions of this section concerning a continuing violation shall not apply to a person or municipality during the time when a hearing on the order pursuant to section 22a-436 or an appeal pursuant to section 22a-437 is pending.”

Fish Unlimited v. Ne. Utils. Serv. Co., 756 A.2d 262 (Conn. 2000). “-430, or by any order of the commissioner other than an order under section 22a-6b, to abate pollution may, after a hearing by the commissioner as provided for in section 22a-436 or subsection (b) or (c) of section 22a-430, appeal from the final determination of the commissioner…”

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