(a) Any person who or municipality which is aggrieved by a decision under subsection (b) or (c) of section
22a-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 based on such hearing to the Superior Court as provided in chapter 54. Such appeal shall have precedence in the order of trial as provided in section
52-192.
(b) Notwithstanding the provisions of any other statute to the contrary, any appeal by a person or municipality aggrieved by an order of the commissioner to abate pollution, other than an order under section 22a-6b, or by a decision under subsection (b) of section 22a-430, shall be pursuant to this section.
(1967, P.A. 57, S. 16; 1971, P.A. 346, S. 2; 870, S. 120; 872, S. 92; P.A. 73-38, S. 6, 8; 73-665, S. 14, 17; P.A. 74-183, S. 252, 291; 74-338, S. 59, 94; P.A. 76-436, S. 216, 681; P.A. 78-280, S. 5, 127; P.A. 82-111, S. 3; P.A. 88-230, S. 1, 12; 88-317, S. 30, 107; P.A. 98-209, S. 3.)
History: 1971 acts added reference to Subsec. (b) of Sec. 25-54i, replaced superior court with court of common pleas, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable, and replaced references to water resources commission with references to environmental protection commissioner; P.A. 73-38 added reference specifically citing Subsec. (b) of Sec. 25-54i and deleted other references to hearings under that section; P.A. 73-665 added second reference to Sec. 22a-6b re orders issued thereunder; P.A. 74-183 deleted provisions re appeals to supreme court; P.A. 74-338 made technical change; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 replaced “Hartford county” with “judicial district of Hartford-New Britain”; P.A. 82-111 amended Subsec. (a) by making technical revisions for consistency with Sec. 25-54i and established Subsec. (b) clarifying that appeals for orders to abate pollution or a decision to deny an application shall be pursuant to this section; Sec. 25-54p transferred to Sec. 22a-437 in 1983; P.A. 88-230 proposed to replace reference to “judicial district of Hartford-New Britain” with “judicial district of Hartford” effective September 1, 1991, but said reference was deleted by P.A. 88-317; P.A. 88-317 amended Subsec. (a) to require appeal to be made “as provided in chapter 54” instead of specifying the judicial district, deadline, mailing requirement for final determination, evidence on which appeal shall be based, and standard for court determinations, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 98-209 amended Subsec. (a) to modify provisions re standing to appeal certain actions of the commissioner under this chapter.
Annotations to former section 25-54p:
Cited. 170 C. 29; 180 C. 568.
Annotations to present section:
Cited. 217 C. 130; 226 C. 358; 236 C. 722; 237 C. 135.
Cited. 21 CA 91.
Notes of Decisions
Vernon Vill., Inc. v. Carothers, 585 A.2d 76 (Conn. 1991).
· cites it 15× “In their motion, the defendants claimed that the plaintiffs had failed to file their appeal within fifteen days of the issuance of notice of the commissioner’s decision as required by General Statutes § 22a-437 3 as it existed prior to its revision by the act.”
River Bend Assocs., Inc. v. Water Pollution Control Auth., 809 A.2d 492 (Conn. 2002).
· cites it 7× “Section 22a-430 (f) provides that any permit denied or order issued pursuant to that section shall be subject to a hearing and appeal as provided in § 22a-436 and General Statutes § 22a-437. 19 Section 22a-436 provides that any person aggrieved by an order or decision to deny an…”
Fish Unlimited v. Ne. Utils. Serv. Co., 756 A.2d 262 (Conn. 2000).
· cites it 6× “” General Statutes § 22a-430 (b). Finally, General Statutes § 22a-437 provides that any person aggrieved by a decision of the department to grant or deny a permit pursuant to § 22a-430, has the right, after a hearing, to appeal the final determination of the department to the…”
Keeney v. Town of Old Saybrook, 676 A.2d 795 (Conn. 1996).
· cites it 4× “” General Statutes § 22a-437 provides in relevant part: “Appeal, (a) Any person who or municipality which is aggrieved by .”
Starr v. Comm'r of Env't Prot., 675 A.2d 430 (Conn. 1996).
· cites it 5× “” The plaintiff appealed from the commissioner’s final decision to the Superior Court pursuant to General Statutes §§ 22a-437 and 4-183. General Statutes § 22a-437 provides: “Appeal, (a) Any person who or municipality which is aggrieved by a decision under subsection (b) of…”
BRT Gen. Corp. v. Water Pollution Control Auth., 826 A.2d 1109 (Conn. 2003).
· cites it 6× “) General Statutes § 22a-437 provides: “(a) Any person who or municipality which is aggrieved by a decision under subsection (b) or (c) of section 22a-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…”
Starr v. Comm'r of Env't Prot., 627 A.2d 1296 (Conn. 1993).
· cites it 2× “8 The plaintiff appealed the defendant’s final decision to the Superior Court pursuant to §§ 22a-437 and 4-183. 9 On appeal, the court found that the plaintiff was aggrieved by the defendant’s decision and had standing to appeal.”
Connecticut Coalition Against Millstone v. Rocque, 836 A.2d 414 (Conn. 2003).
· cites it 2× “Any applicant, or in the case of a permit issued pursuant to the federal Water Pollution Control Act, any person or municipality, who is aggrieved by a decision of the commissioner where an application has been given a public hearing shall have the right to appeal as provided in…”
Olson v. Accessory Controls & Equip. Corp., 757 A.2d 14 (Conn. 2000).
· cites it 2× “The trial court also referenced General Statutes § 22a-437 (a), which governs appeals and provides in relevant part that “any person who .”
Burton v. Com'r of Env. Prot., 970 A.2d 640 (Conn. 2009).
· cites it 2× “20 We recognize that, as an intervenor in the permit renewal proceeding, the plaintiff could raise these claims at the conclusion of the proceeding in an appeal pursuant to General Statutes § 22a-437 (a). Cf. Finley v.”
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. “(b) Any person who or municipality which…”
Connecticut Water Co. v. Beausoleil, 526 A.2d 1329 (Conn. 1987).
“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…”
Annotations are extracted automatically from the opinions in the
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