Connecticut General Statutes

Conn. Gen. Stat. § 22a-438 (2026)

(Formerly Sec. 25-54q). Forfeiture for violations. Penalties

✓ current as of May 2026

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(a) Any person who or municipality which violates any provision of this chapter, or section 22a-6 or 22a-7 shall be assessed a civil penalty not to exceed twenty-five thousand dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense and, in case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon complaint of the commissioner, shall institute a civil action in the superior court for the judicial district of Hartford to recover such penalty. In determining the amount of any penalty assessed under this subsection, the court may consider the nature, circumstances, extent and gravity of the violation, the person or municipality's prior history of violations, the economic benefit resulting to the person or municipality from the violation, and such other factors deemed appropriate by the court. The court shall consider the status of a person or municipality as a persistent violator. 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 with criminal negligence violates any provision of this chapter, or section 22a-6 or 22a-7 shall be fined not more than twenty-five thousand dollars per day for each day of violation or be imprisoned not more than one year or both. A subsequent conviction for any such violation shall carry a fine of not more than fifty thousand dollars per day for each day of violation or imprisonment for not more than two years, or both. For the purposes of this subsection, person includes any responsible corporate officer or municipal official.

(c) Any person who knowingly violates any provision of this chapter, or section 22a-6 or 22a-7 shall be fined not more than fifty thousand dollars per day for each day of violation or be imprisoned not more than three years, or both. A subsequent conviction for any such violation shall be a class C felony, except that such conviction shall carry a fine of not more than one hundred thousand dollars per day for each day of violation. For the purposes of this subsection, person includes any responsible corporate officer or municipal official.

(d) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or section 22a-6 or 22a-7 or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, or section 22a-6 or 22a-7 shall upon conviction be fined not more than twenty-five thousand dollars for each violation or imprisoned not more than two years for each violation, or both. For the purposes of this subsection, person includes any responsible corporate officer or municipal official.

(e) Any person who wilfully or with criminal negligence discharges gasoline in violation of any provision of this chapter, shall be fined not more than fifty thousand dollars per day for each day of violation or be imprisoned not more than three years, or both. A subsequent conviction for any such violation shall be a class C felony, except that such conviction shall carry a fine of not more than one hundred thousand dollars per day for each day of violation. For the purposes of this subsection, person includes any responsible corporate officer or municipal officer.

(1967, P.A. 57, S. 17; 1969, P.A. 486, S. 1; 1971, P.A. 872, S. 93; P.A. 73-38, S. 7, 8; P.A. 81-443, S. 4, 7; P.A. 86-203; 86-239, S. 10, 14; P.A. 88-230, S. 1, 12; P.A. 89-270, S. 4; P.A. 90-98, S. 1, 2; 90-222, S. 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 00-19, S. 3; 00-175, S. 2, 4; P.A. 01-195, S. 176, 181; P.A. 13-258, S. 121.)

History: 1969 act limited applicability of section, excluding persons and municipalities when hearing or appeal pending; 1971 act replaced reference to water resources commission with reference to environmental protection commissioner; P.A. 73-38 substituted “wilfully or negligently” for “knowingly” in Subsec. (a), included violations of part II of chapter 474 and increased fine from $1,000 to $10,000, and added Subsecs. (b) and (c) imposing additional penalties; P.A. 81-443 amended Subsec. (a) to delete requirement that violation be “wilful or negligent”, amended Subsec. (b) to revise the standard for conviction of a criminal violation from negligence to criminal negligence; Sec. 25-54q transferred to Sec. 22a-438 in 1983 and references to part II of chapter 474 were deleted, reflecting incorporation of those sections in this chapter; P.A. 86-203 amended Subsec. (a) by making violations of Sec. 22a-6 or 22a-7 subject to the forfeiture provisions of the subsection, amended Subsec. (b) by adding provisions regarding subsequent convictions and amended Subsec. (c) by making penalties applicable to each separate violation; P.A. 86-239 made a technical change clarifying provision re continuing violations; P.A. 89-270 amended Subsec. (a) by increasing the maximum penalty from $10,000 to $25,000 and made technical changes (Revisor's note: P.A. 88-230 authorized substitution of “judicial district of Hartford” for “judicial district of Hartford-New Britain” in the public and special acts of 1989, 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. 90-222 amended Subsec. (a) by adding the factors a court may consider when determining the amount of penalty; 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. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 00-19 amended Subsec. (b) by deleting “or municipality which wilfully or” and adding “or municipal official”, inserted new Subsec. (c) re criminal penalties for knowingly violating provisions and subsequent convictions, redesignated former Subsec. (c) as Subsec. (d) and amended said Subsec. by deleting “or municipality which”, increasing criminal penalties and adding provision specifying that person includes responsible corporate officer or municipal official; P.A. 00-175 added new provisions, designated as Subsec. (e), re criminal penalties for discharging gasoline in violation of chapter, effective July 1, 2000; P.A. 01-195 amended Subsec. (e) to delete reference to municipality and to include municipal officers within the definition of person, effective July 11, 2001; P.A. 13-258 amended Subsecs. (c) and (e) to substitute provisions re class C felony for provisions re imprisonment of not more than 10 years and made technical changes.

See Sec. 22a-226c for penalty for illegal disposal of biomedical waste.

Cited. 204 C. 38; 226 C. 205; 227 C. 175; 237 C. 135. Trial court did not abuse its discretion in imposing penalties because violations were serious and ongoing and defendant's intentions were irrelevant under strict liability scheme of the act. 275 C. 420.

Cited. 19 CA 216. Forfeiture provision applies to violations of orders to abate pollution issued under Sec. 22a-431; expressly applies to any provision in chapter. 21 CA 91. Cited. 30 CA 204; 41 CA 120. Factors that guide courts in assessing penalties under Sec. 22a-226, including size of business involved, also apply to penalties under this section. 132 CA 110.

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Notes of Decisions

Cited in 16 cases, 1987–2015 · leading case: Comm'r of Env't Prot. v. Connecticut Bldg. Wrecking Co., 629 A.2d 1116 (Conn. 1993).

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Comm'r of Env't Prot. v. Connecticut Bldg. Wrecking Co., 629 A.2d 1116 (Conn. 1993). · cites it 8× “The commissioner sought injunctive relief and civil penalties against all of the defendants pursuant to General Statutes § 22a-438. *179 In Docket No.”

Rocque v. Light Sources, Inc., 881 A.2d 230 (Conn. 2005). · cites it 12× “The commissioner finally avers that the trial court in fact considered the defendants’ remediation efforts in assessing civil penalties. We agree with the commissioner. As a preliminaiy matter, we set forth the applicable standard of review.”

Pac v. Upjohn Co., 571 A.2d 160 (Conn. App. Ct. 1990). · cites it 24× “Upjohn claims that the court erred because (1) the effluent parameters set forth in the commission’s order were meant to serve as goals or estimates, and not as enforceable *93 effluent limitations, and (2) General Statutes § 22a-438, the forfeiture provision in Connecticut’s…”

City of Waterbury v. Town of Washington, 800 A.2d 1102 (Conn. 2002). · cites it 3× “General Statutes § 22a-469 provides that “[a]ny person who or municipality which violates any provisions of sections 22a-463 to 22a-469, inclusive, shall be subject to the penalties provided for in section 22a-438.”

Keeney v. Town of Old Saybrook, 676 A.2d 795 (Conn. 1996). · cites it 5× “” General Statutes § 22a-438 (a); see also Keeney v.”

Keeney v. L & S Constr., 626 A.2d 1299 (Conn. 1993). · cites it 6× “2d 1268 (1990), and General Statutes § 22a-438, 8 because the statutory violations were severe, serious, knowing and flagrant.”

McCarthy v. Cadlerock Props. Jt. Venture, L.P., 30 A.3d 753 (Conn. App. Ct. 2011). · cites it 9× “Therefore, because of this significant, substantive overlap, we treat the two claims as one, namely, that, in employing the “size of the business involved” factor pursuant to General Statutes § 22a-438 (a), the court improperly considered the liability and financial resources of…”

Starr v. Comm'r of Env't Prot., 627 A.2d 1296 (Conn. 1993). · cites it 2× “See General Statutes § 22a-438. Furthermore, the majority opinion will raise havoc with our financial institutions, with the state economy and with the ability of persons to purchase homes.”

Connecticut Water Co. v. Beausoleil, 526 A.2d 1329 (Conn. 1987). · cites it 2× “General Statutes § 22a-438. The plaintiffs motion to intervene in the Superior Court action as a party plaintiff was granted by the trial court.”

Rocque v. Farricielli, 848 A.2d 1206 (Conn. 2004). · cites it 2× “In determining the amount in penalties for which a defendant may be liable, § 22a-438 (a) provides that a court “may consider the nature, circumstances, extent and gravity of the violation, the person or municipality’s prior history of violations, the economic benefit resulting…”

McCarthy v. Chromium Process Co., 13 A.3d 715 (Conn. App. Ct. 2011). · cites it 4× “Section 22a-438 (a) provides in relevant part: “Any person who or municipality which violates any provision of this chapter, or section 22a-6 or 22a-7 shall be assessed a civil penalty not to exceed twenty-five thousand dollars, to be fixed by the court, for each offense.”

Holly Hill Holdings v. Lowman, 619 A.2d 853 (Conn. App. Ct. 1993). · cites it 2× “Additionally, General Statutes § 22a-438 (a) provides that any person who violates any provision of chapter 446k of the General Statutes, which includes § 22a-449 (d), *221 shall be assessed a civil penalty not to exceed $25,000.”

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