STATE OF CONNECTICUT SDMSDocID 212797 DEPARTMENT OF … · 1993/6/1 · Connecticut's...

STATE OF CONNECTICUT SDMSDocID 212797

DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF LONG ISLAND SOUND PROGRAMS

MEMORANDUM

TO Mr Art Wing IV US Environmental Protection Agency Emergency Planning and Response Branch

Nnpr r fumi Records Cen te r S f f n

60 Westview Street Lexington MA 02173

RRI-AK OTMFR

_

Mr Patrick Bowe Mr Michael Powers DEP - Bureau of Waste Management Site Remediation and Closure Division

Margaret L Welch -Ul1FROM DEP - Office of Long Island Sound Programs

DATE June 1 1993

SUBJECT DEP - OLISP regulatory responsibility regarding Raymark waste sites Stratford Connecticut

As requested this memo is intended to outline the coastal regulatory requirements that may apply to short-term and longshyterm remediation of sites that have received Raymark waste While there are several regulatory programs that must be satisfied I would like to stress that we are prepared to assist in any way we can Although we are obligated to assure maximum protection of coastal resources we do not intend to obstruct or delay appropriate remedial action on any site

Of the seven Raymark waste disposal sites for which we have preliminary test results this office is particularly concerned with the three waterfront sites the Housatonic Boat Club the Ferry Creekarea particularly downstream of the flood gates and Broad Street and the pond at the end of Fourth Avenue Any additional waterfront sites discovered will also be of significant interest to this office

Both our federally-approved coastal management program and the Connecticut Coastal Management Act stress resource protection and require minimization of adverse impacts to sensitive coastal resources Thus to be consistent with our coastal management responsibilities all work in tidal wetlands and marine and tidal waters including intrusion of any cap material on adjacent upland sites must be minimized Specifically our responsibilities for remediation of these sites would be implemented under three separate statutory schemes

Phona (203) 566-3740 FAX (203) 566-5406

(Printed on Recycled Paper)

165 Capitol Avenue bull Hartford CT06106

An Equal Opportunity Employer

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First in accordance with Connecticut General Statutes (CGS) sections 22a-359 through 22a-363f (enclosed) this department regulates the placement of structures and fill and all dredging waterward of the high tide line This permit program is located within this office Section 22a-363d authorizes the issuance of an emergency authorization as follows

In situations which may result in immediate unforeseen and unacceptable hazards to life health or welfare or significant loss of property if corrective actionn otherwise requiring a permit or a certificate of permission is not undertaken the commissioner shall expeditiously approve or deny upon notification and request by the affected property owner the authorized person or the appropriate federal state or local authority the issuance of an emergency authorization

Thus in order to comply with this statute a request for emergency authorization must be made to and approved by this office prior to the commencement of any regulated activity

Second the DEP through this office directly regulates all activities in tidal wetlands (CGS sections 22a-28 through 22ashy35 enclosed) CGS section 22a-29(3) exempts the emergency decrees of any duly appointed health officer of a municipality acting to protect the public health In this instance it would be reasonable to extend this exemption to the issuance of an emergency decree by a state or federal health official We are willing to accept the public health advisory issued by the ATSDR as the necessary decree Therefore please forward a copy of that decree to this office as soon as possible

Finally for those activities to be conducted by the EPA or another federal agency a demonstration of consistency with Connecticuts federally-approved coastal management program must be submitted to and concurred with by this office in accordance with 15 CFR 930 For activities in the coastal area conducted pursuant to a federal license or permit the coastal consistency process is incorporated into a Water Quality Certificate under Section 401 of the Clean Water Act Because we anticipate continued close coordination between the EPA and this office we anticipate no significant delays by this process As stated above we are prepared to assist in any way we can to assure swift remediation with minimal adverse impacts to coastal resources

Although remedial action may be proposed by different entities under different statutes this office is committed to a rapid response to any request to conduct remedial work Our continued active involvement in the development of the remediation proposals should help ensure that any possible regulatory concerns are worked out in advance Upon receipt of adequate plans and notification materials we expect to be able to issue the appropriate authorizations within several working days or less if required

CONNECTICUT GENERAL STATUTES

Sections 22a-359 through 22a-363f Inclusive

STRUCTURES DREDGING amp FILL

IN TIDAL COASTAL OR NAVIGABLE WATERS

revised to

January 11993

Sec 22a-359 (Formerly Sec 257b) Regulation of dredging and erection of structures and placement of fill in tidal coastal or navigable waters Sunken or grounded vessels (a)The commissioner of environmental protection shall regulatedredgshying and theerection of structures and the placementof filland work incidental thereto in the tidal coastal or navigable waters of the statewaterward of the high tide line Any decisions made by the commissioner pursuant to this section shall be made with due regard for indigenous aquatic life fish and wildlife the prevention oralleviation of shore erosion and coastal flooding the useand development of adjoining uplands the improvement of coastal and inland navigation for all vessels including small craft for recreational purposes the use and development of adjacent lands and properties and the interests of the state including pollution control waterquality recreationaluse of publicwater and managementof coastal resources with proper regard for the rights and interests of all persons concerned

(b) After consultation with the commissioner of transportation the commissioner of environmental protection may consider any sunken or grounded vessel scow lighter or similar structure lying within the tidal coastal or navigable waters of the state to be an encroachment subject to the provisions of this section and sections 22a-360 to 22a-363 inclusive

(c) As used in this section and sections 22a-360 to 22a-363 inclusive high tide line means a line or mark left upon tide flats beaches or alongshore objects that indicates the intersection of the land with the waterssurface at the maximum height reached by a rising tide The mark may be determined by(1) a line of oilor scum along shore objects (2) a more or less continuous deposit of fine shell or debris on theforeshore or berm (3) physical markshyings or characteristics vegetation lines tidal gauge or (4) by any other suitable means delineating the general height reached by a rising tide The term includes spring high tides and other high tides that occur with periodic frequency but doesnot include storm surges in which there is adeparture from thenormal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm

(1963 PA 569 S I 1971 PA 872 S 57 PA 7M02 S I PA 79-201 PA 82-191 S 2 PA 87-493 S 2)

History 1971 act replaced water resources commission with commissioner of environmtnaJ protection PA 78-102 authoshyrised commissioner to regulaic placement of fill required consideration of aquatic life fish and wildlife coastal flooding and water quality with regard tn ereeling structures and placing Till in state waters PA 79-201 required consideration of manageshyment of coastal resources P A 83-191 added Subscc (b) re consideration of tunlten or grounded vessels or similar structures as encroachments requiring a permit Sec 2S-b transferred to Sec 22i-339 in 1983 PA 87-493 amended Subscc (a) to apply section to dredging and toclanfy that structures and fill are regulated waterward of the high tide line and added a new Subset lte) defining high ndc line

Annotations to former section 25-7b No determination of linoraj nghts of applicant and neighboring owners made in issuance of permits hereunder eomntsiston

only determining under police power necessary curtailment of applicants common law (moral rights 137 C 528 Applications under this section and to dredge under section 25-7d (22a-36l) could be heard together by the water resources commission 139 C 82 Standards set forth in tutuic are specific enough to he constitutionally sound 161 CSO Applicable to powlaquo lines over or under nverv 162 C 89 Cued 165 C 224 The commission is not precluded from granting an otherwise proper application because of some prior unlicensed activity by an applicant 165 C 231 Cued 175 C 483 494 495 500-502

Cued 29 CS 298

Sec 22a-360 (Formerly Sec 25-7c) Establishment of boundaries In order to carry out the purposes of sections22a-359 to 22a-363 inclusive the commissioner is authoshyrized to establish boundarieswaterward of the high tide line along tidal coastal and navigashyble waters for equitable regulation of use dredging obstruction and encroachment thereof and to establish areas for development of small boat basins or other facilities provided such establishments shall be made in accordance with a general plan prepared for the orderly development of the area or region

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0963 PA 569 S 2 Ilaquol P A 172 S 58 PA S7-49J S 3)

Hiuorv 1971 eel ireleced itfoetwe to weict rraquoouitraquo conunmwn wtih icfnvnce to enrinuncriuJ protection coraniuionshylaquor Set 2S-7e nniieirat to Sec 22e-gto0 tit 1983 PA B7-laquo9S Mnended the lection to epply wdmJpiop end eutitorued the comratit toner to eetebiieh hoondenet wuovaftf erf the tnlaquoh tide line ui kcu ltrf tcewerd beyond (he tneen hiph weiet notk

See Sec 22a-342 R secern cbennci encmcbmcM lines

Annoutioo to former accuon 23-7e

Cued 162 C 89

Sec 22a-361 (Formerly Sec 25-7d) Permit for dredging or erection of strucshytures or placement of fill Regulations General permits (a) Noperson firmor corporashytion public municipal or private shall dredge erect any structure place any fill obstrucshytion or encroachment or cany out any work incidental thereto or retain or maintain any structure dredgingor fill in the tidalcoastal or navigable waters of the state waterward of the high tide line until such person firm orcorporation has submitted an application and has secured from said commissionera certificate or permit forsuch work and has agreed tocany out any conditions necessary tothe implementation of such certificate or permit Each applishycation for a permit except for an emergency authoriiation for any structure filling or dredging which uses or occupies less than five thousand five hundred square feet in water surface area based on the perimeters of the project shall be accompanied by a fee equal to forty cents per square foot providedsuch feeshall not be lessthan three hundred fifty dollars Each application for a permit for any structure filling or dredging which uses or occupies five thousand five hundred square feet or more but less than five acres in watersurface area based on the perimeters of the project shall be accompanied by a fee of two thousand two hundred dollars plus five cents per square foot foreach square foot inexcess of five thousand five hundred square feet Each application for a permit for any structure filling or dredging which usesor occupies five or more acres in watersurface area basedon the perimetersof the project shall be accompanied by a fee of twelve thousand eight hundred fifteen dollars plus three hundred fifty dollars per acre for each acre or pan thereof in excess of five acres The commissioner may adopt regulations in accordance with the provisions of chapter 54 to prescribe the amount of the fees required pursuant tothis section Upon theadoption of such regulations the fees required by this section shall be as prescribed in such regulations

(b) The commissioner at least thirty days before approving or denying an application for a permit shall provide bycertified mail return receipt requested to the applicant to tbe commissioner of transportationand to the chief executive officer the chairmen of the planshyning zoning harbor management and shellfish commissions of each town in which such structure fill obstruction encroachment or dredging is to be located or work to be pershyformed and to the owner of each franchised oyster ground and the lessee of each leased oyster ground within which such work is to be performed and toeach abutting landowner and shall publish once in a newspaper having a substantial circulation in the area affected notice of (1) the name of the applicant (2) the location and nature of the proposedactivities (3) the preliminary decision on the applicationand (4) any additional information the comshymissioner deems necessary There shall be a comment period following the public notice during which interested persons may submit written comments Following such notice and

comment period thecommissioner may in whole or in pan approve modify and approveor deny the application Hie commissioner shall provide to the applicant and the persons set forth above by certified mail return receipt requested notice of his decision and shall pubshylish such notice once in a newspaper having a substantial circulation in the area affected

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(c) The commissioner of environmental protection may adopt in accordance with the provisions of chapter 54 regulations to cany out the provisions of sections 22a-359 to 22a-363 inclusive and sections 22a-383 to 22a-390 inclusive Such regulations shall establish the procedures for reviewing and acting upon applications for permitscertificates of permission and emergency authorizations The regulations shall be consistent with secshytions 22a-28 to 22a-35 inclusive and regulations adopted thereunder sections 22a-90 to 22a-100 inclusive and sections 22a-113k to 22a-U3t inclusive They shall establish criteria for granting denying limiting conditioning or modifying permitsgiving due regard for the impact of regulated activities and their use on the tidalcoastal ornavigable waters of the state adjoining coastal and tidal resources tidal wetlands navigation recreation eroshysion sedimentation waterquality and circulation fisheries shellfisheries wildlife floodshying and other natural disasters and water-dependent use opportunities as defined in section 22a-93 The regulations may provide for consideration of local state and federal programs affecting tidal coastal and navigable waters of the state and the development of the uplands adjacent thereto and may set forth informational material describing general categories of regulated activities for the purpose of providing permit applicants with a more explicit understanding of the regulations Such informational material shall be consistent with and shall not increase the discretion granted to the commissioner under the policies standards and criteria contained in sections 22a-35922a-38322a-92 and 22a-93 and this section

(d) (1) The commissionerof environmental protection may issue a general permit for any minoractivity regulated undersections 22a-28 to22a-35 inclusive or sections 22a-359 to 22a-363f inclusive if the commissioner determines that such activity would (A)cause minimal environmentaleffects when conducted separately (B)cause only minimal cumulashytive environmental effects (C) not be inconsistent with the considerations and the public policy set forth in sections 22a-28 to22a-35 inclusive and section 22a-359 as applicable (D) be consistent with the policies of the Coastal Management Act and (E) constitute an acceptable encroachment into public landsand waters Such activities may include routine minor maintenance and routine minor repair of existing structures fill obstructions encroachments or excavations substantial maintenance consisting of rebuilding reconshystructing or reestablishing to a preexisting condition and dimension any structure fill obstruction encroachment orexcavation maintenance dredging of areas which have been dredged and continuously maintained asserviceable activities allowed pursuant to a perimshyeter permit the removal of structures derelict vessels debris rubbish or similar discarded materia] or unauthorized fill materialminor alterations or amendments toauthorized activishyties consistent with the authorization for such activitiesactivities which have been required or allowed by an orderof the commissioner open water marsh management by or under the supervision of the department of health servicesor department of environmental protection conservation activitiesof orunder thesupervision or direction of the departmentof environshymental protectionconstruction of individual residential docks which do not create littoral or riparian conflicts navigational interference or adverse impacts to coastal resources as defined by section 22a-93 which are not located in tidal wetlands as defined by section 22a-29 and which extend no further than forty feet waterward of mean high water or to a depth of minus four feet mean low water whichever point is more landwardinstallation of scientific measuring or monitoring devices survey activities including excavation of test pits and core sampling and driving of test pilings construction of utility lines aquaculturai activities and installation and removal of small seasonal structures including floats and

moorings Any person conducting an activity for which a genera) permit has been issued shall not be required to obtain an individual permit orcertificate underany other provision of sections 22a-28 to 22a-35 inclusive or sections 22a-359 to 22a-363f inclusive for that activity except as provided in subdivision (3) of this subsection A general permit shall clearly define the activity covered thereby and may include such conditions and require ments as the commissioner deems appropriate including but not limited to construction timing methodologiesand durations resource protection practicesmanagement practices and verification and reporting requirements The general permit may require any person proposing to conduct any activity under the general permit to register such activity includshying obtaining approval from the commissioner before the general permit becomeseffective as lo such activity Registrationsand applicationsfor approval under the general permit shall be submitted on forms prescribed by thecommissioner Anyapproval by the commissioner under a general permit may include conditions specific to the proposed activiry to ensure consistency with the requirements for issuance of the general permit The commissioner shall prepare and annually amend a list of holders of general permits under this section which list shall be made available to the public

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(2) Notwithstanding any other proceduresspecified in sections 22a-28 to 22a-35 inclushysive and sections22a-359 to 22a-363f inclusiveany regulations adopted thereunder and chapter 54 the commissioner may issue a general permit in accordance with the following procedures (A) The commissioner shall publish in a newspaperhaving asubstantial circulashytion in the affected area or areas notice of intent to issue a general permit (B) the commisshysioner shall allow a comment period of thirty days following publication of such notice durshying which interested persons may submit written comments concerning the permit to the commissioner and the commissioner shall hold a public hearing if within said comment period he receives a petition signed by at least twenty-five persons (C) the commissioner may not issue the general permit until after the comment period (D) thecommissioner shall publish notice of any permit issued in a newspaper having substantial circulation in the affected area or areas and (E) summary suspension may be ordered in accordance with subsection (c) of section4-182 Any person may request that the commissioner issuemodshyify or revoke a general permit in accordance with this subsection

(3) Subsequent to the issuance of a general permit the commissioner may require any person whose activity is or may be covered by the general permit to apply for and obtain an individual permit orcenificaie under the provisions of sections 22a-28 to 22a-35 inclusive or sections 22a-359 to 22a-363f inclusive for all or any portion of the activities covered by the general permit if the commissioner determines that an individual permit is necessary to assure consistency with purposes and policiesof such sections and the Coastal Management Act The commissioner may require an individual permit under this subdivision in cases including but not limited to the following (A)The permittee is not in compliance with the conditions of the general permit (B) an individual permit or certificate is appropriate because of circumstancesspecific to the site (C) circumstances have changed sincethe time the general permit was issued so that the permitted activity is no longer acceptable under the general permitor (D) achange has occurred in relevant law The commissioner may require an individual permit or certificate under this section only if the affected person has been notified in writing that anindividual permit or cenificate is required The notice shall include a brief statement of the reasons for the decision

(4) The commissioner may adopt regulations in accordance with the provisions of chapter 54 to cany out the purposes of this section

lt196^ PA 569 S 3 February 1965 PA 5871969 PA 768 S 2561971 PA 872 S 59 PA 74-79 PA 78-102 S 2 PA 17-495 S 4 PA 90-111 S 490-231 S 13 28 PA 91-369 S 27 36 PA 92-162 S 9 25)

History 1965 act required notice IO be given to chief esecutive officers and chairmen of planning and zoning nonuiuou of affected lowni of application foe and issuance of certificates or permits 1969 set required thai like notice be gtvlaquo raquo commisshysioner of transportation and that hit recommendsnons be considered by the commission 1971 an replaced references to water resources commission with references to environmental protection commissioner and added phrase iimiun| commissioners power to make and revise refutation etc PA 74-79 required notification of owners and lessees of oyster grounds PA 78-102 prohibited use of fill without certificate or permit and amended phrase limiting commissioners regulatory powers by referring to enure section rather than subdivision (if Sec 25-7d transferred to Sec 22a-36l in 1983 PA 87J9S amended Subset (a) to clarify that permui are required for activity in navigable waters waurward of the high tide line and to require thai notice be given to harbor management commission and added Subset (b) concerning regulation PA 90-111 deleted earning

application procedure inserted new Subset (b) re notification to departments and publication of nonce in newspaper re lettered the remaining Subsets accordingly and required the regulations to establish application procedures PA 90-231 amended Subsec (al io establish a schedule of application feet and to provide thai on and after July 1 1995 such fees shall be prescribed by regulations PA 91-369 restated commissioners authority to adopt regulations setting the fees required by this section PA 92-162 added Subsec (dl re geneni permits for certain minor activities regulated under this section

Sec Sec 22a-27i re caempnon of municipality for one year See See 22a-363a re definitions

Annotations to former section 23-7d Issuance of permit not an adjudicative action by commission as to plaintiff neighbor landowner of permittee and as to

Mighbors due process docs not require hearing before tasuancc of permit 157 C 528 Applications for dredging under this section and filling ureter section 25-7b lt22a-359) could be heard together by the water resources commission 159 C 82 Power so make regulations wed not be eternised and failure to provide for public hearings is not constitutionally repugnant as long as there are provisions for hearing before final determination 161 C 50 Ciied 168 C 365 Cited 173 C 483 485 495 Cued

177 C 287 294 Cited 15 CA 458 471 413 484 The owner of upland adjoining tidewater cannot construct ptcn which will interfere with free and tinobsoucud use of

navigable waicnby the public and the nghi of other upland owners to use such waien for access to their lands 21 CS 407 Cued

29 CS 298 Annotations to present section

Cued 215 C 616 625 Cited IS CA 458 471 483 484

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Sec 22a-361a Civil penally Any person who violates continues or maintains any violation of any provision of sections 22a-359 to 22a36I inclusive or violatescontinues or maintains a violation of any term or condition of any permitcertificate authorization or order issued pursuant to said sections shall be liable for a civil penalty of not more than one thousand dollars for each offenseEach violation shall bea separate and distinct offense and in the case of a continuing violation each days continuance thereof shall bedeemed to be a separate and distinct offense The commissioner of environmental protection may request the attorney general to bring a civil action in the superior court for the judicial district of Hartford-New Britain at Hartford to seek imposition and recovery of such civil penalty

(PA 87-438 S 3 P A 88-230 S 1 12 $8-364 S 43 12 PA 90-98 S 1290-1115 6)

bullNote On end after September I 1993 the phrase judicial district of Hartford shall be subsumed for judicial district of Hartford-New Britain at Hartford

Hmory PA 88-230 replaced judicial district of Hartford-New Britain ai Hartford with judicial dinner of Hartford effective September I |99l PA 88-364 made technical chanpe PA 90-98 chanped the effective date of PA 88-230 from September I 1991 to September I 1993PA 90-1II provided thai the penally tpplwt laquooa prnon who violate any provtimn of Sect 22a-359 to 22a-361 or violate the condition of a permit certificate authorisation or order and deleted the province that the penally applies to a person who place a (ductule in water without a permit or in violation of the term of a permit

Sec 22a-362 (Formerly Sec 25-7e) Violations as public nuisance Any violation of sections 22a-359 to 22a-361 inclusive or any violation of the terms or conditions of a certificate permit or authorization issued pursuant to said sections shall be considered a public nuisance The attorney general shall at the request of the commissioner institute proceedings to enjoin or abate any such nuisance

(1963 PA 569 S 4 1971 PA 8725 60 PA 78-102 S 3 PA 87-495 S 5 PA 90-111 S 7J

History 1971 act replaced reference to water resources comminion with reference lo environmental protection commisshysioner PA 78-102 prohibited use of Till without certificate or permit See 25-7e transferred to Sec 22a-362 in 1983 PA 87-495 amerced the section toapply provisions lodredpinp and to make violations of a permit a nuisance PA 90-1II provided violations of Sec 22a-3S9 lo 22a-361 or the terms of a certificate permit or authorization are a public nuisance and deleted the reference to dredpinp or any structure nil obstruction or encroachment being a public nuisance

See Sec 22a-346 re encroachment as nuisance

Annotations to former section 2S-7e Cited 137 C 536 Cued 162 C 89 Public nuisance provision is m aid of navipation not basis of claim for damapes by

plaintiffs not in class of interests protected 177 C 287 294 Cited I5CA4SB 47I4M Annotations to present section Cited IS CA 458 471 484

Sec 22a-363 (Formerly Sec 25-70- Penally for violation Any person violating any provision of sections 22a-359 to 22a-362 inclusive shall be fined not less than fifteen dollars nor more than fifty dollars or imprisoned not less than ten days nor more than thirty days or be both fined and imprisoned

(1963 PA 569 S 31

History See 23-7f transferred to See 22a-363 in 1983

Annotations to former section 25-7f Cued 157 C 336 Cued 162 C 89

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Sec 22a-363a Definitions For the purposes of this section and sections 22a-361 22a-361a 22a-362 and 22a-363a 22a-363b and 22a-363d to 22a-363f inclusive Subshystantial maintenance means rebuilding reconstructing or reestablishing to a preexisting condition and dimension any structure fill obstruction or encroachment including mainshytenance dredging routine maintenance means replacement and repair of out-of-water structures including the surfaces of docks piers wharves and bridges replacement or repair in any year of up to twenty-five per cent of all pilings approved in accordance with section 22a-3o 1 and seasonal installation reinstallationor repair of floating docks provided that all locations dimensions elevations and materials shall remain the same as or equivalent to that approved in accordance with said section perimeter permit means a permit issued in accordance with said section establishing boundaries waterward of the high tide line within which recreational marinas layout of in-water slips docks and moorings may be reconshyfigured work meansany activity construction or site preparation erectionof structures or placement of fill including but not limited to grading excavating dredging or disposing of dredged materia) depositing of soil stones sand gravel mud aggregate or construction materials filling removing vegetation or other material or other modification of a site within the tidal coastal or navigable waters of the state waterward of the high tide line

(PA 90-111 S I)

Sec 22a-363b Activities eligible for certificate of permission Exemptions Issushyance of certificate Failureof commissioner to respond (a) Routine maintenance of pershymitted structures fill obstructions or encroachments orroutine maintenance of structures fill obstructions or encroachments in place prior to June 24 1939and continuously mainshytained and serviceable since that date shall be exempt from the requirements of obtaining certificates of permission or permits pursuant to section 22a-363a this section or section 22a-361 The following activities- may be eligible for a certificate of permission in accorshydance with the provisions of subsections (b) and (c) of this section (1) Substantial mainshytenance or repair of existing structures fill obstructions or encroachments authorized purshysuant to said section 22a-361 (2) substantial maintenance of any structures fill obstructions or encroachments in place prior toJune 241939 and continuously maintained and serviceablesince such time(3) maintenance dredging of areas which havebeen dredged and continuously maintained and serviceable asauthorized pursuant tosaid section 22a-361 (4) activities allowed pursuant to a perimeter permit and requiring authorization by thecomshymissioner (5) the removal of derelict structures or vessels (6) minor alterations or amendshyments to permitted activities consistent with the original permit (7) minor alterations or amendments toactivities completed pnor to June 241939(8) placement or reconfiguration of floating docks for the purpose of display or exhibition not authorized by a perimeter pershymit (9) open water marsh management by the department of health senrices and (10) conshyservation activities of the department of environmental protection Activities for which pershymits certificates or emergency authorizations are required pursuant to section 22a-363a this section section 22a-363d or section 22a-361 which have been conducted without such permit certificate or emergency authorization are noteligible fora certificate of permission

(b) A request for a certificate of permission shall be made to the commissioner of environmental protection If a proposed activity is within a category listed in subsection (a) of this section the commissioner may in whole or in pan approve modify and approve or deny a cenificate The commissioner shall issue such a certificate if the eligible proposed activity isconsistent with a permit issued pursuant tosection 22a-361or was in place prior to June 241939 and continuously maintained and serviceablesince such time If the eligible proposed activity does not have a permit or has not received any prior permits the commisshysioner shall determine if the information provided is sufficient to determine if the proposed activity complies with the applicable standards and criteria and may (1) issue a certificate of permission if he finds that the information indicatescompliance withall applicablestandards and criteria or (2) require the submittal of a complete application for a permit pursuant to said section 22a-361 if he finds that the information is not sufficient to indicate compliance with the standards and criteria If the commissioner finds that changes in conditions or cirshycumstances associated with a permitted structure fill obstruction or encroachment arc likely to result in significant impacts to the environment or coastal resources he may require an application for a permit pursuant to said section 22a-361 If the commissioner finds that the structure fill obstruction or encroachment is not in substantial compliance with the permit or authorization under which a certificate of permission is requested he shall not issue a cenificate of permission For the purposes of this subsection standards and criteria are those specified in section 22a-359 in any regulations adopted pursuant to subsection (c of said section 22a-36l the water quality standards of the department of environmental protection and sections 22a-92 and 22a-98 for activities within the coastal boundary as

defined in section 22a-93

of L mdash commissioner shall within forty-five daysof receipt of a request fora certificate Sdegn SSUC SU nncatc or nolifgtlhc Pclaquoon making such request that (I) addishy

onal informationoranapphcauonfora permit pursuant tosection 22a-361 is required or2)

fin obsncliondegr encroachment is not eligible fora certificateof permission f the commissioner requests additional information from an applicant the coSssioner

feciiiiTif a CIerminalon onthc application no later than ninety days from the date of 2^T1foJ 8 of permission If the commissioner faiTs to ros^nd

y KyS 0f reCCpI 0fa re^cs1lhe certificate of permission shallpounddS

vinue fdegr dredeiE 5hadmed by

PA 90-111 S 21

Sec 22a-363c Application fee Each application fora cenificate of permission nnr

rdeg^^^ aCCOmpanicd byafec oUwo hundred dollars On and after July I 1995 such feeshall be as prescribed by regulations adopted by thecommissioner in accordance with the provisions of chapter54 commissioner in

(PA 90-231 S 14 2laquo)

Slaquo Sec 22a-27i ft taeoifNion of municipality for one yea

d Elcreency aulhonzalon Expiration In situations which may

^firanTlnTof unfdegrlaquon unacceptable hazards to life health or welfare or sicshymficani loss of propeny if corrective action mherwise requiring a peimii or a cenificate of permission is not undertaken the commissioner shallexpeditiously approve or deny uoon nouficanon and request by the affected property owner the authorized

ppropnate federal state or local authority the issuance of an emergency authorization to ufnl orrcIvc laquoraquo0B lt= commissioner deems necessary The commissioSr sh^H

mav h rt ill0n regmcrSency authorization and such emergency authorization magt be extended for a specified penod of time if after all reasonable efforts by the applicant

e emergency has not been abated or forother reasonable cause Upon the expiration ofaii emergency authorization a complete application in accordance with section 22a-361 or a request fora certificate of permissionin accordance withsection 22a-363b for the retention tdegerrfC0AImUatlOLn work performed under the emergency authorization shall be submitshy

batisfc hdegh StnJCUrC- obstruction or encroachment authorized on an emergency basis for w hichan application or request is not received within thirty days after theexpiration of the emergency authorization shall be considered unauthorized and subject to all enforceshyment authorities of the commissioner Thissection shall include the repair or reconstruction of structures fill obstructions or encroachments damaged or destroyed by an act of natureor

comm nccessajy deg8V0d economic damage to ongoing commercial activities if the commissioner is notified by the propeny owner or authorized person of the damage and proposed corrective action within fifteen daysof thecausative event Failure tocontinuously maintain except for hidden physical or structural damage a structure fill obstruction or encroachment shall not be grounds for emergency authorization

(PA 90-111 S 3)

Sec 22a-363e Failure to comply with order Littoral owner as responsible party when notwithstanding any request for a hearing or a pending appeal any person fails to comply within a reasonable time as established by order of the commissioner with any requirement to disconttnue remove or otherwise abate or alleviate any condition found by the commissioner to constitute an imminent and substantial hazard to public safety or navishygation or likely to cause imminent and substantial damage to the environment the commisshysioner shall have authority to remove abate or alleviate any such condition The commisshysioner may assess reasonable costs and expenses incurredin such removal abatement or alleviation against the person responsible The attorney general shall at the request of the

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commissioner institute proceedings to collect any suchassessment For the purposes of this section in the event that the person responsible for causing retaining or maintaining such condition cannot be determined the littoral owner shall be deemed to be the responsible person except in the case of vessels abandoned on the propertyof suchowner Nothing in this section shall be construed to preclude the commissioner from exercising any other enforceshy

ment authority

(P A 90-111 S 3 )

Sec 22a-363f Cease and desist ordersHearing Decision Whenever the commisshysioner finds after investigation that any person is conducting or is about toconduct anactivity for whicha certificate permitor authorization is required without obtaining such certificate permit orauthorization he may without prior hearing issuea cease and desist order in writshying tosuch person todiscontinue abate or alleviate such condition or activity Upon receipt of suchorder and until such lime as a newdecision based upon a hearing is made such person shall immediately discontinue abate or alleviate or shall refrain from causing engaging in or maintaining such condition or activity The commissioner shall within ten days of such order hold a hearing to provide the person withan opportunity to be heard and show thatI) no certificate permit or authorization was required or (2) required certificates permits or authorizations have been obtained A new decision based on the hearing shall be made within ten days of the close of the hearing or the filing of briefs

(PA 90-111 S U)

-8shy

TIDAL WETLANDS ACT


Sections 22a-28 through 22a-35 inclusive

revised to

January 11991

and

Section 1of Public Act 91-308

CHAPTER 440

WETLANDS AND WATERCOURSES

Cited 183 C 332 339 blind wetlands and waiocouncs act Sees 22a-28-22raquo-45 cited 211 C 416 427

Wetlands and waieicounei act cited 21 CA 122 124

Cited 41 CS 1S4 189 190 193 Sees 22a-2raquo-22-4S cited Id

Sec 22a-28 (Formerly Sec 22-7h) Preservation of tidal wetlands Declaration of policy It is declared that much of the wetlandsof this state has been lostor despoiled by unregulated dredgingdumping filling and likeactivities and that the remainingwetlandsof this state are all in jeopardy of being lostor despoiled by these and other activities that such lossordespoliation willadversely affect ifnotentirely eliminate the valueof such wetlands as sourcesof nutrients tofinfish Crustaceaand shellfishof significanteconomic value that such loss or despoliation will destroy such wetlands as habitats for plants and animals of significant economic value and will eliminate or substantially reduce marine commerce recreation and aesthetic enjoyment and that such loss or despoliation will in most cases disturb the natural ability of tidal wetlands toreduce flood damage and adversely affect the public health and welfare that such loss or despoliation will substantially reduce thecapacshyity of such wetlands toabsorb silt and will thus result in the increased silting of channelsand harbor areas to the detriment of free navigation Therefore it is declared to be the public policy of this slate to preserve the wetlands and to prevent the despoliation and destruction thereof

11969 P A 693 S 2)

History Sec 22-7h transferred to Sec 22i-28 b 1972

See Sec 26-17s re acquisition aad preservation of udal wetlands

Annotations to former section 22-7h et teq Cued 161 C 24 Annotations to present secuon

Cited 168 C 349 Cued 180C32I324 Cited I83C 332 337 545 Cited 209 C 34562

Cited 32 CS 104 10 110 114

Sec 22a-29 (Formerly Sec 22-7i) Definitions The following words and phrases as used in sections 22a-28 to 22a-35 inclusive shall have the following meanings

11) Commissioner means the commissioner of environmental protection

12) Wetland means those areas which border on or lie beneath tidal waters such as but not limited to banks bogs salt marsh swamps meadows flats or other low lands subject to tidal action including those areas now or formerly connected to tidal waters and whose surface is at or below an elevation of one foot above local extreme high water and upon which may grow or be capable of growing some but not necessarily allof the followshying Salt meadow grass (Spartina patens) spike grass (Distichlis spicata) black grass (Junshycus gerardi) saltmarsh grass (Spartina altemiflora) saltworts (Salicomia Europaea and Salicornia bigelovii) sea lavender (Limoniumcarolinianum) saltmarsh bulrushes (Scirpus robustus and Scirpus paludosus var atlanticus) sand spurrey (Spergularia marina) switch grass (Panicum virgatum) tall cordgrass (Spartina pectinata) high-tide bush(lva frutescens var oraria) cattails (Typhaangustifolia andTypha latifolia)spike rush (Eleocharis rostelshyiata) chairmakers rush (Scirpus americana) bent grass (Agrostis palustris) and sweet grass (Hierochloe odorata) royal fem (Osmunda regalis) interrupted fem (Osmunda clayshytoniana) cinnamon fern (Osmunda cinnamomea) sensitive fem (Onoclea sensibilis) marsh fem (Dryopteris thelypteris) bur-reedfamily (Sparganium eurycarpum Sparganium androcladum Sparganium americanum Sparganium chlorocarpum Sparganium angustifolium Sparganium fiuctuans Sparganium minimum) homed pondweed (Zanshynichellia palustris) water-plantain (Alisma triviale) arrowhead (Sagittaria subulata Sagitshytaria graminea Sagittaria eatoni Sagittaria engelmanniania) wild rice (Zizania aquatica) tuckahoe (Peltandra virginica) water-arum(Calla palustris)skunk cabbage (Symplocarpus foetidus) sweet flag(Acorns calamus) pickerelweed (Pontederia cordata) water stargrass (Heteranthera dubia) soft rush (Juncus effusus) false hellebore (Veratnim viride) slender blue flag (Iris prismatica pursh) blue flag (Iris versicolor) yellow iris (Iris pseudacorus) lizards tail (Saururus cemuus) speckled alder (Alnus rugosa) common aider (Alnus sershynilata) arrow-leaved tearthumb (Polygonum sagittatum) halberd-leaved tearthumb (Polyshygonum arifolium) spatter-dock (Nuphar variegatum nuphar advena) marsh marigold (CaJtha palustris) swamp rose (Rosa palustris) poison ivy (Rhus radicans) poison sumac (Rhus vemix) red maple (Acer rubrum) jewelweed (Impatiens capensis) marshmallow (Hibiscus palustris) loosestrife (Lythrum alatum lythrum salicaria) red osier (Comus stolonifera) red willow (Comus amomum) silky dogwood (Comus obliqua) sweet pepper-bush (Clethra alnifolia) swamp honeysuckle (Rhododendron viscosum) high-bush blueberry (Vaccinium corymbosum) cranberry (Vaccinium macrocarpon) sea lavender (Limonium nashii) climbing hemp-weed (Mikania scandens) joe pye weed (Eupatorium purpureum) joe pye weed (Eupatorium macuiatum) thoroughwort (Eupatorium perfoliashyrum)

(3) Regulated activity means any of the following Draining dredging excavation or removal of soil mud sand gravel aggregateof any kind or rubbish from any wetland or the dumping filling or depositing thereon of any soilstones sand gravel mud aggregate of any kind rubbish or similar material either directly or otherwise and the erection of structures driving of pilings or placing of obstructions whether or not changing the tidal ebb and flow Notwithstanding the foregoing regulated activity shall not include activishyties conducted by the mosquitocontrol division of the department of health services consershyvation activities of the state department of environmental protection the construction or

2

maintenance of aids to navigation which are authorized by governmental authority and the emergency decrees of any duly appointed health officer of a municipality acting to protect the public health

(4) Person means any corporation association or partnership oneor more individushyals and any unit of government or agency thereof

(1969 PA 695 S I 1971 PA 172 S 400 1972 PA 132 S I PA 77-614 S 323 610 PA 87-589 S 7 87)

Hittory 1971 act defined commissioner is eemmissiooer of eavinminenul protection rather than as eommiisiooer of agriculture snd natural resources and substituted department of environmental protection for depwtment of agriculture aod natural resources and its (elated agencies and boards 1972act expanded list of plants common to wetlands o Subdiv (2) Sec 22-i transferred to Sec 22a-29 in 1972 and references to other transferred sections were revised PA 77-614 repbced laquoltbull health department with department of health services effective January 1 1979 PA 87-569 made technical change in Subdiv 12)

Cited 183 C 532 537 545 Ched 209 C 544 562 Cited 32 CS 104 107 109 HO 114

Sec 22a-30 (Formerly Sec22-7J) Procedure (a) The commissioner or his authoshyrized representative shall have the right to enter upon any public or private property at reasonable times to carry out the provisions of sections 22a-28 to 22a-35 inclusive The commissioner shall promptly make an inventory of all tidal wetlands within the state The boundaries of such wetlandsshall beshown on suitable reproductionsor aerial photographs to ascale of one inch equals two hundred feet with such accuracy that they will represent a class Dsurvey Such lines shall generallydefine theareas that are at or below anelevation of one fool above local extreme high water Such maps shall be prepared to cover entiresubdishyvisions of the state as determined by the commissioner If before the maps are prepared the commissioner finds that an area is in immediate danger of being despoiled by any activity which would require a permit if sucharea were designated as wetland and thatsuch areashall probably be so designated when such mapsare completed thecommissioner maydesignate such areaas wetland provided if such map of such area is not completed within sixty days such designation shall be void Upon completion of the tidal wetlands boundary maps for each subdivision the commissioner shall hold a public hearing The commissioner shall give noticeof such hearingtoeach ownerof record of all landsdesignated as such wetland as shown on such mapsby certified mailreturn receipt requested not less than thirty days prior to the date set forsuch hearing Thecommissioner shall alsocause notice of such hearing to be published at least once not more than thirty days and not fewer than ten days before the date set for such hearing in a newspaper or newspapers having a general circulation in the town or towns where such wetlands are located After considering the testimony given at such hearing and any other facts which may be deemed pertinent and after considering the rights of affected propertyowners and the purposes of sections 22a-28 to22a-35 inclusive the commissioner shall establish by order the bounds of each of such wetlands A copy of the order together with a copy of the map depicting such boundary lines shall be filed in the town clerksoffice of ail towns affected Thecommissioner shall givenotice of suchorder to each ownerof record of all landsdesignated assuch wetlands by mailing acopy of suchorder to such owner bycertified mail return receipt requested The commissioner shall alsocause a copy of such order to be published in a newspaper or newspapers having a general circulashytion in the town or towns where such wetlands are located Any person aggrieved by such order may appeal therefrom in accordance with the provisions of section 4-183 except vlaquonue for such appeal shall be in the judicial district of Hartford-New Britain

a permit Any person proposing toconduct orcause to be conducteda regulated activity upon any wetland shall file an application tor a permit with the commissioner in such form and with such information as thecommissioner may prescribe Such application shall include a detailed description of the proposed work and a map showing the area of wetland directly affected with the location of the proposed work thereon together with the names of the owners of record of adjacent land and known claimants of water rights in or adjacent to the wetland of whom the applicant has notice The commissioner shall cause a copy of such application to be mailed to the chief administrative officer in the town or towns where the proposed work or any part thereof is located and the chairman of the conservation comshymission andshellfish commissionof thetown or towns where the proposed work or any pan thereof is located No sooner than thirty daysand not later than sixty days of the receipt of such application the commissioner or hisduly designated hearing officer shall hold a public hearing on such application provided whenever the commissioner determines that the regulated activity for which a permit is sought isnot likely to have a significant impact on the wetland hemay waivethe requirement for public hearing after publishing noticein a newsshypaper having general circulation in each town wherever the proposed work or any part thereof islocated of his intent to waive said requirement except that the commissioner shall hold a hearing on such application upon receipt of a petition signed by at least twenty-five persons requestingsuch a hearingThe following shall benotified of the hearing bymail not less than fifteen days prior to thedale set for the hearing All of those persons and agencies whoareentitled toreceive a copy of such application in accordancewith the terms hereof and all owners of record of adjacent land and known claimants to water rights in or adjacent to the wetland of whom the applicant has notice The commissioner shall cause notice of such hearing to be published at least once not more than thirty days and not fewer than ten days before the date set for the hearing in the newspaper havinga generalcirculation ineach town where the proposed work or any part thereof is located All applications and maps and documents relating thereto shall be open for public inspection at the office of the commisshysioner At such hearing any person or persons may appear and be heard

(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)

Hisury j97l act deltwi ftom lult of (bote who receive copies of raquopplicraquonofU the tuie board of fuhenct and game and tfre open spaces tecoon of dw department of agriculture and natural resources (be sod and wale conservation section of said dcparuKiu (and) (he shellfish commissioo- Sec 22-71 transferred to Sec 22a-32 in 1972 PA 73-590 added proviso re wwver

of public hearing and pcauon for hesnng

Cited 183 C 532 537 545 Cited 209 C 544 562 Cited 32 CS 104 107 UO 114

Sec 22a-33 (Formerly Sec 22-7ra) Issuance or denial of permit In granting denying or limiting any permit thecommissioner or hisduly designated hearing officer shall consider the effect of the proposed work with reference to the public health and welfare marine fisheries shetlfisheries wildlife the protection of lifeand property fromflood hurshyricane and other natural disastersand the public policyset forth insections 22a-28 to 22a-35 inclusive The fact that the department of environmental protection is in the processof acquishysition of any tidal wetlands by negotiation or condemnation under the provisions of section 26-17a shall be sufficient basis for denialof any permit In granting a permit the commisshysioner may limit or imposeconditions or limitations designed tocany out the public policy set forth insections 22a-28 to 22a-35 inclusive The commissioner may require a bond in an amount and with surety and conditions satisfactory to him securing to the state compliance with the conditions and limitations set forth in the permit The commissioner maysuspend or revoke a permit if thecommissioner finds that theapplicant has not complied with any of the conditions or limitations set forth in the permit or hasexceeded the scope of the work as set forth in the application The commissioner may suspend a permit if the applicant fails to comply with the terms and conditions set forth in the application The commissioner shall

5

Sec 22a-35 (Formerly Sec 22-7o) Penalty Any person who knowingly violates any provision of sections 22a-28 to 22a-35 inclusive shall be liable to the state for the cost of restoration of the affected wetland to its condition priorto such violation insofar as that is possible and shall forfeit tothe state a sum not toexceed one thousand dollars to be fixed by the court foreach offense Each violationshall bea separate and distinct offense and in the case of acontinuing violationeach dayscontinuance thereof shall be deemed to be a sepashyrate and distinct offense The attorney general upon complaint of the commissioner shall institute a civil actionto recoversuch forfeitureThe superiorcourt shall have jurisdiction in equity to restrain a continuing violation of said sections at thesuit of any personoragency of state or municipal government

(1969 PA 695 S 10)

Hisuvy See 22-7o nmfcned to See 22raquo35 in 1972 and microti references to other transferred sections raquoere revised to reflect their changed amp umbers

Cised 113 C 532 537 345 Cued 193 C 414 429 Cited 209 C S44 562 Cited 32 CS 104 107 110 114

1

Substitute House Bill No 7098

PUBLIC ACT NO 91-308

AN ACT CONCERNING THE TIDAL WETLANDS ACT AND THE CREATION OF THE CONNECTICUT MIGRATORY BIRD CONSERVATION STAMP

Be it enacted by the Senate and House of Representatives in General Assembly convened

Section 1 Section 22a-30 of the general statutes is repealed and the following is substituted in lieu thereof

(a) The commissioner or his authorized representative shall have the right to enter upon any public or private property at reasonable times to carry out the provisions of sections 22a-28 to 22a-35 inclusive The commissioner [shall promptly] MAY make an inventory of all tidal wetlands within the state The boundaries of such wetlands shall be shown on suitable reproductions or aerial photographs to a scale of one inch equals two hundred feet with such accuracy that they will represent a clasG U survey Such lines shall generally define the areas that are at or below an elevation of one foot above local extreme high water Such maps shall be prepared to cover entire subdivisions of the state as determined by the commissioner (If before the maps are prepared the commissioner finds that an area is in immediate danger of being despoiled by any activity which would require a permit if such area were designated as wetland and that such area shall probably be so designated when such maps are completed the commissioner may designate such area as wetland provided if such map of such area is not completed within sixty days such designation shall be void) Upon completion of the tidal wetlands boundary maps for each subdivision the commissioner shall hold a public hearing The commissioner shall give notice of such hearing to each owner of record of all lands designated as such wetland as shown on such maps by certified mail return receipt requested not less than thirty days prior to the date set for such hearing The commissioner shall also cause notice of such hearing to be published at least once not more than thirty days and not fewer than ten days before the date set for such hearing in a newspaper or newspapers having a general circulation in the town or towns where such

STATE OF CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION

TIDAL WETLANDS REGULATIONS

TABLE or CONTENTS

Title and authority 22n-30- 1

Commissioner to make inventory and establish

Criteria for review 22a-30-10

Use guidelines 22a-30-ll

Permits 22a-30-12

Bonds 22amp-30-13

Monitoring and enforcement 22a-30-14

Appeals 22a-30-15

Conflict and severance 22a-S0-16

Joint processing 22a-30-17

Definitions 22a-30- 2

Entrance onto private property 22a-30- 3

boundary maps 22a-30- 4

Activities not regulated 22a-30- 5

Permitting of regulated activities 22a-30- 6

Processing of nn application 22a-30- 7

Hearing procedures 22a-30- 8

Evaluation of applications 22a-30- 9


îh PurPdeges of sections 22a-28 to 22^35 inclusive the commissioner shall estahHeh order the bounds of each o such ietlds fcop Sflaquo- orde5 together with a copy of the mandepicting such boundary lines shall h j p

-lbull gt bull laquo H

townenSPfPerS hvin9 a general circulation in the Deison 1degtrade Wh2 fUCh vetlans ere located Any therefrom 9eve 5y such order may appeal section 4 ifl accoânce with the provisions of section 4-183 except venue for such appeal shall Britain jUdiCial district of H^tord-Sei

impact 2 2S25i laquorthi2i2

-bulls2b2u2s otr rdeg degv- laquoraquo that wetland areas have beepound fid maps or uplands H11 been deluded withfn

natural^processes ^f^^ ê^ ^

BltBlrshy

nMncttradeCh rideg~deg2mct2r

or SUBSECTION (a^STANDING THE PROVISIONS

wh^TED actrade^ c^ductId5 upSS^SSTLANSTWHETHER OR NOT SUCH WETLANDS HAVE BEEN Sn 2S^^BTEO^LJ-E^TNCL^SEIVEPROVISIONS shy

-o^nce^th th^provislonsSof 1chapter^S4 su^h to carrvôut h id ctradelssiolaquo deems necessarya fc ~i Provisions of sections 22a-28 to 22a |0 to 2aS96e fn PPlaquo sectionl

5deg reg-96 inclusive Such regulationsshall be consistent with the provisions of th^

Coregstal Zone Management Act (PL 92-583) tEt pertaifndtoaiidfUlatinS therein

pertain to t idal wetlands Such regulations


shall be for the purpose of qualifying the state and its municipalities for available federal grants pursuant to said (PL 92-583) and for the purpose of permit coordination with other state and federal programs affecting the tidal wetlands of the state Such regulations shall establish criteria for granting denying or limiting permits giving due regard to the impacts of regulated activities on the wetlands of the state adjoining coastal and tidal resources navigation recreation erosion sedimentation water quality and circulation fisheries shellfisheries wildlife flooding and other natural disasters and water-dependent use opportunities as defined in chapter 444 The commissioner may also adopt in accordance with the provisions of chapter 54 regulations which set forth informational material describing general categories of regulated activities for the purpose of providing permit applicants with more explicit understanding provided such informational materials shall be consistent with and shall not increase the discretion granted to the commissioner under the policies standards and criteria contained in sections 22a-28 and 22a-33 and as applicable section 22a-92

Effective October 1 1991

- 3 shy

|poundpound-30-1 Dtpirtaent of EaTiroainlaquoitgt] pi^toetian

Tidal Wetland Regulation

Sec 2230-1 Title and iuthority

These regulations ehall be known as the Tidal Wetshylands Regulations of the Connecticut Department of Environmental Protection They are promulgated under Sfraquoeftion Ma-ao as amended by Public Statutes M aeetion Z2a-6 of the General

(Effective August 11 1980)

Sec 22a-S0-2 Definitions

22120 Tfefl0UaiaR V re M defined in section it laquo the 9eneral Statutes commissioner tier

oa poundKUJ8Jed activity wetland

22a oo If ii ntrade8teM r( laquolaquoed as defined in section ofJA 7p alrGedege71 SutnlM M amehded by section 8 Iiaitai n rie itradeplaquoets on coastal resources

uses reraquoources coastal waters water-dependenf

tinlf caI-niea8 Per8on who files an applicashy

section 22a 32^f th^n l^c departmePt Pursuant toacction zza-32 of the General Statutes and who ia either the owner^ oi the land on which the proposed regulated activity will be located a contract vendee of rochêr

eoiefroTe 0tr^ 0WDer- thlaquo Peurorson Who JfflaSly acUvity the Staking of the Proved

mentalprojection11 the dePraquolaquogtt of environshy

oftheGenerSsSSeaParty 4eCtioa

ddegd 17 aaM thoae wetlands mapped or temshy

sPection72laTof tt^GlSSSsuwff S PrdegTM degi section 22a-30-4 of theaere|3lt0MPte

(Effective August 111980)

BL Zntranclt 0010 Prints property

gf utes the commissioner or his iesiffnafail GeferaI SUtshy


150811 8-81

Department of EnTironnlaquoDUl Protection j gga-BO-e

8ec 32amprS0-4 Commissioner to mike inventory and establish boundary maps

(a) The commissioner shall make an inventory of all wetlands within the state and shall establish boundary maps of wetlands in accordance with the provisions of section 22a-30 of the General Statntes as amended All maps and documents relating to the public bearing reshyquired prior to adoption of maps of wetlands in accordshyance with aforementioned section shall be posted for inshyspection in the offices of the department and in the office of the town clerk of the town or towns wherein the wetshyland lies

(b) Bevision of wetlands boundary maps The comshymissioner shall^ periodically inspect the wetlands of the state to determine the necessity for revision or correction of such wetland boundary maps in accordance with Secshytion 22a-30 of the General Statutes as amended Such revised maps shall be prepared to cover entire subdivishysions of the state or portions thereof as determined by the commissioner

(O Field location of boundaries The commissioner or his designated agent may upon written Hquest of any person having legal interest in a wetland establish by survey and mark on the ground the bounds of k wetland

(d) Designation of an area before tnamppl ire ooinpleted In accordance with section 22a-30 of the General Statutes as amended the commissioner may designate and regshyulate wetlands for which maps have not been adopted


8ec 22a-S0-5 Activities not regulated

In accordance with the provisions of section 22a-29 of the General Statutes the following activities are exshycluded from regulation under section 22a-pound2 of the Genshyeral Statutes and these regulations

(1) Activities conducts by the mosquito control divishysion of the department of health services

(2) Conservation activities of the state department of environmental protection

(8) Construction or maintenance of aids to navigation which are authorised by governmental authority V fnergency decree of any duly appointed health officer of a municipality acting to protect the public health

(Effective August il 1980)

Sec 22a-80-6 Permitting of regulated activities

(a) Begulated activities permit required In accordshyance with the provisions of section 22a-32 no person shall conduct or cause to be conducted on any wetlands any of the following activities without first obtaining a permit from the commissioner for conduct of such activity

bull gpoundt-30-6 D^ptrtaeat of EnrironmroUJ Projection

(1) Draining dredging excavation or removal of soil mud sand gravel aggregate of any kind of rubbish from any wetland

(2) Dumping filling or depositing on a wetland niy soil stones sand gravel mud aggregate of any Una rubbish or similar material either directly or otherwise

(3) Erection of structures driving of piles or placing of obstructions on a wetland whether or not inch activitychanges the tidal ebb and flow

(b) Form and content of applications An original application for a permit and seven (7) copies shall be filed with the commissioner containing such information and in such form es he may prescribe Said application shall include at a minimum the following written inforshymation and drawings

(1) A letter of application addressed to the Commisshysioner

(2) The name home and business addresses and teleshyphone numbers of the applicant and his agent (if the application is being submitted by a person otner than the applicant)

(3) The address at which the proposed activity is to be conducted

PP^cant is not the owner of the property on which the activity is to take place the name(s) home and business addresses and telephone numher(s) of the owner(s) of the property(ies) on which the proposedregulated activity is to take place

(5) The applicants legal interest in the land (if the applicant is not the owner)

The purpose of the proposed activity11 5 description of the proposed work

i v e and estimated rime required to comshyplete the activity

listing of state and federal licenses permits or certificates which have been obtained or which ire being sought for existing facilities and for the proposed octivshy

(10) A listing of local permits which have been obshytained or which are being sought for the proposed activshy

332 P1]1ftfldreM of current oifrnet of record of adjacent lands and known claimknts of water rights in or adjacent to the wetland of whom the applishycant has notice

(12) A listing of state statute or rules which the hppllshycant believes support the application

(13) A map showing J1 geographic location of the property which is to be affected by the proposed activity

(ty The area of wetland directly affected by the proshyposed activity including the ecological unit Subdivision drawing and parcel number as shown on maps cf desigshy

16081ft 8-81

Dvpcrtaatnt of EnrlrpnaroUl Protection t ftSa-SO-T

nated wetlands on file at the offices of the department or in the town clerks office of the town(s) in which the wetlands are located

(C) The location of the proposed work and the surshyface area of the wetland to be affected by the work

(D) The location and design of all facilities Structures filling dredging or excavation which are part of the proshyposed activity and the boundary of the affected wetland

(14) If the proposed activity is located within the coastal boundary as defined in section 22a-94 of the Genshyeral Statutes aa amended by section 4 of Public Act 79-535 additional information as required by the comshymissioner pursuant to sections 22a-90 through 22a-96 of the General Statutes as amended by section 21 of Public Act 79-535

(15) Additional information required by the commisshysioner based on his preliminary review of the application

(16) Additional information which the applicant conshysiders relevant


Sec 22a-30-7 Processing of aa application

(a) Copies of application to be provided The commisshysioner shall prior to or at the time of issuance of a public notice provide by mail copies of all complete applications submitted under these regulations to

(1) The chief administrative officer in the town or towns where the proposed work or any part thereof is located

(2) The chairman of the conservation and shellfish commission of the town or towns where the proposed work or any part thereof is located

(3) The town clerk of the town or towns where the proposed work or any part thereof is located

The commissioner shall request that the town clerk(s) post a copy of the application for review by interested citixens

(b) Public notice Following the receipt of a complete application the commissioner shall publish a public notice of his Intent to conduct or waive a hearing on such application in a newspaper having general circulation on the town or towns in which the proposed regulated activity or any part thereof is located Such notice shall contain the information listed in subsection (c) and shall be issued in accordance with the provisions Cf Section 22a-32 of the General Statutes

(c) Content of publlo notices Public notices issued pursuant to subsection (b) of thefte regulations shall inshyclude at a minimum the following

(1) A reference to the particular sections of the statshyutes and regulations pertinent to the consideration of the application

f 22-30-7 Dspertmcnt of Environmental protection

(2) A short and plain statement of the matters releshyvant to the consideration and evaluation of thS applicashytion including

(A) A concise description of the proposed activity (B) The specific geographic location of the activity

or address of the property on which the proposed activityis to occur

(C) The name of the applicant and his designatedagent if applicable

(D) The name of the owner of record of the property on which the proposed regulated activity is to be eonshydUpoundddf the Wcltlnt raquoot the owner[

The ecological unit subdivision drawing and om wlaquofland map showing the

beeconnducdegtedT PrdegP0Md tivity it to

-i y The lt3ate deg tJie Pâns showing the proposed activshy

(G) The address and location of the office(s) at which the complete application is on file for inspection nf li 3V cven^ a hearin to be held a statement

J bull) iXaeiP degatnre of the hcarin8 and a stateshy ofthe legal authority and jurisdiction under which

the hearing is to be held (4) In the event the hearing is proposed td be waived

a comment period for receipt of application IJe comment period shall rtn fofr k period laquoKjSS than forJy (40) days nor more thkh forty-five (45) days from the date of issuance of tb4 notice of inshytent to waive the public hearing

(d) Hearing upon rtoeipt of t petition men the commissioner receives a petition submitted in accordance with section 22a-32 of the General Statutes he shall hold a Public hearing on the application in question ahd shall

copies of all public notices of applications issued ruin

assassar

s

iYiSss-bullraquobullraquoraquo

150818 841

Pspirtaant of EnTironneatal ProUotioft jSSs-BO-S

(5) The chairman of the planning rolling or planning and toning commiaaions or the zoning board -of appeals of the town or towna in which the proposed Work or any part thereof is located

(6) All owners of record of adjacent land (7) All known claimants of water rights in of adjacent

to the wetland of whom the applicant has notice (8) All of those persons ana agencies who are entitled

to receive a copy of such application The commissioner shall provide by first class mail

copies of all public notices of application issued pursuant to section 22a-32 of the General Statutes to the following persons or agencies

(9) All state federal and municipal agencies whose regulatory or managerial functions or interests are afshyfected by the project or its effect on the wetland as determined by the commissioner

(10) Other persons or agencies which have indicated in writing to the commissioner their desire to receive such notices


Sec 22s-S0-8 Hearing procedures

(a) Application as a contested case When a hearing is held the proceedings on an application fot a permit shall be treated as a contested case according td chapter 54 of the General Statutes and the rules of practice f -A ltJepartment of environmental protMtioh ha Set forth in sections 22a-7-2 22a-8-8 and 22amp-S-9 of the Regshyulations of Connecticut State Agencies The commisshysioner shall appoint hearing officers in accordance with section 22a-31 of the General Statutes

(b) Notice of order The comtaissioner shall catise notice of his order m issuance denial revocation or subshy

laquoPVX laquodeg be PSbIished ^ accordance with section 22a-33 of the General Statutes


Sec pound2a-80-9 Evaluation of appUeatlonl legislative Standard for issuing ptrmits

n()Inieeordêe Tth raquolaquoetion 22a-S3 of the General Statutes in granting denying or limiting any permit the

eTpoundiTr bearing oMc^LiaU th^liw V i PrdegP08ed with reference tothe jrablic health and welfare marine fiiiheries shell-

protection of life and property from flood hurricane and other natural disasters and the

I t S t a pound t l M i n e C t 0 n ^l h r deg U g h 2 2 4 8 5

r9r2ivIn accordnce aection 21 of Public Act 79shy535 the commiasioner shall Assure consistency with the goals and policies of section 22a-92 of the General StatshynnVrZafed by PubhctAct 79535 in granting deny-Ing or modifying permits for regulated actiritiei ih tidal

bull SSraquo-30-P Igtgputmlaquont pf EnrironinenUl Protection

wetlands occurring within the coastal boundary defined and mapped in accordance with section 22a-94 of the General Statutes as amended by Public Act 79-535


Bee 22a-80-10 Criteria for review

(a) In accordance with section 22a-30 of the Gineral Statutes as amended by Public Act 79-170 and Public Act 80-356 the commissioner establishes the etiteria of this section for granting denying or limiting pAfthita giving due regard to the impact of regulathd Aetititles on the wetlands of the state adjoining eoAStal And tidal resources navigation recreation erosion Sedimentation

Q ^ circulation fisheries Ahellflsheriea wildlife flooding and other natural disasters Add ttatershyaependent use opportunities as defined in AhAbtet 444 These criteria are consistent with and implement the sUtutory policies and standards contained hi Sections

0ifoth General Statutes And Motion 79 Th Bera- regtntea as amended by Pnblie Act 79-535 The conuniasioner shall grAnt Or frrant with limitations or conditions a permit to conduct A proposed activity on any wetland only if it is detemlnod thAt the

forthêrein conênt oil applicable enter Set

(b) Criteriafor preservation of watlahdi and Mvanshyticm of their despoliation and dattraction in order to

J eteraination t^t a proposed activity will preshywetlafV o the ^te nd not lead to their

JpTcabirflnd1thatfnCt0n Comndttlontr AT1reg18 deg alternative for accomplishing the an-

wnSSVjl17 i^ch technical^ feAsible And would further minimise adverse impacts

width 7 greater in length t^dedwJoff thM nM4amp17 t0 oonPU

fullSt laquoten^tradeeUMbledeg^nCti0a ^ U to

KrPrsbdquo1Fd - bullraquolaquo

(c) RaOreitiohil and nAvifAtlodai uu Tn nnbdquo bdquo make a determination that a pronoaed

JiMrth eXgtin deg-F potetial laquoclaquoational or nampiStioMl m oncomm1M10reger hall aa applicable flndXt

Tdegt WltIandaor ^thPacceg f0 the ^rtio^ of be horeline below the mesn high tide elevation that is held

260814 882

Ptpirtmaat of Environment Protection amp2-30laquo10

in public trust by the state or with Access to And use of public recreational facilities both in operation and planned

(2) The proposed activity will not be located in a way which unreasonably intereieres with a navigable channel or small craft navigation

(3) The proposed activity will not cause or contribute to sedimentation problems in adajcent or nearby navishygable waters navigation channels anchorages or tinning

(d) Erosion and sedimentation In order to make a determination that a proposed activity will not cause or produce unreasonable erosion or sedimentation the comshymissioner shall asapplicable find that

(1) The proposed activity will not cAuAe significant changes in current patterns water velocity or exposure to storm or wave conditions which result in Adverse effects on erosion or sedimentation patterns

(2) Temporary erosion control measures will be utishylised on the project site both during and after construcshytion

(3) When permanent erosion control measures are proposed non-structural alternatives are utilised unless structural alternatives are demonstrated to be unavoidshyable and necessary to protect infrastructure facilities water-dependent uses and existing inhabited structures

(4) Any structure or fill shall (A) Not cause a significant adverse impact on the

mdegIfxm5t of d060 on or along the shoreline n T cauae erosion of adjacent or downdrift areas (CJI If necessary include provision for the transfer

of sediment to downdrift areas to prevent those areas from being deprived of sediments

(6) The perimeter of all areas proposed to be filled dredged or excavated are suitably stabilised to prevent spillover or erosion of material into adjoining wetland or watercourse areas

IX8reg ree PrdegPogted to be dredged 17 are hid out so as to make the best practical

use of existing water depths (B) They are designed to avoid ailtation of any exist-

established navigation channel (0) Tht^ best available methods are used to reduec

sedimentation (e) Marine fisheries shellAsheries and wildlife In

order to make a determination that a proposed activity will not result in significant adverse impacts on marine fisheries shellfisheries or wildlife the commissioner shall as applicable find that

H1 exixting biological productivity of any wetshyland will not be unreasonably affected

(2) Habitat areas such as habitat of rare and enshydangered wildlife and fiah species will not be destroyed filled or otherwise unreasonably affected

i

f 22ampS0-10 Department of EnrironineotiJ Protection

(3) Wildlife and their nesting breeding or feeding habitats will not be unreasonably reduced or altered

(4) Erosion from the proposed activity will not revolt in the formation of deposits harmful to any fish thellfiah or wildlife habitat

(6) Shellfish beds will not be adversely affected by changes in

(A) Water circulation and depth patterns around and over the shellfish beds

(B) Natural relief of shellfish beds (C) Grain site and distribution of sediment in Shellshy

fish beds (6) The timing of construction activities takes into

consideration the movements and lifestagel of fish Shellshyfish and wildlife

(7) The proposed activity will not unreasonably intershyfere with the harvesting or maintenance of leased franshychised or natural shellfish beds

(f) Circulation and quality of ooastal or tidal waters In order to make a determination that a proposed activshyity will not result in a significant adverse impact on the circulation and quality oi coastal or tidal waters the commissioner shall as applicable find that

(1) The proposed activity will not cause the significant adverse alteration of patterns of tidal exchange or flushshying rates freshwater input or existing basin cnaracterisshytics and channel contours

(2) Water stagnation will be neither eaused nor conshytributed to and the ability of wetlands and adjacent water bodies to flush themselves will not be adverselyaffected

(3) Pile-supported Construction will be Utilised to the fullest extent practical

(4) The proposed activity will not result In water pollution which unduly affects

(A) The bottom fauna 2c Physical or chemical nature of the bottom

t^Thc propagation and habitats of shellfish and wildlife

(g) Protection of life and property from burrioamss or natural disaster In order to make a determination that a proposed activity is consistent with the need to protect life and property from hurricanes or other natural disasters including flooding the eomminioner shall as applicable find that

tradee PrdegPregse^ activity will not increase the potenshytial for flood or hurricane damage on adjacent or adjoinshying properties

(2) The proposed activity will not increase the exposhysure of any property land or structures to damage from storm waves and erosion produced thereby (3) The proposed activity will not result in significant increase In the velocity or volume of flood water flow both in streams and estuaries

160816 S-Sl

Praquoprtant of EprlrpmnmUl fr Ma-10-10

(4) The proposed activity will not tifcnifleantly reduce the capacity of any stream river creel or other water course to transmit flood waters generated by hurricanes or other storm events and will not result ill rignlflchntiy increased flooding either up or downstreim of Its location

(h) Criteria for water dependent use of wetlands In order to make a determination that a propbsed Activshyity within the coastal boundary as defined And mapped in accordance with section 22a-94 of the General Statutes as amended by section 4 of Public Aet 79-526 Is conshyaistent with the state policy that water-dependent usee of the ahorefront be given highest priority and prefershyence the commissioner shall as applicable find that

(1) When the proposed activity Is not a water-dependent nse

(A) The wetland is unsuitable for or incapable of supshyporting a water-dependent use

There is little or no demonstrable demand for water-dependent uses suitable for or capable of bain supported by the wetland

(C) A non-water-dependent use has substantially fewer adverse impacts than all water-dependent uses suitable for or capable of being Supported by the wetland

(2) AU reasonable measures which would minimise adverse impacts on future water-dependent uSes ore Inshycorporated as limitations on or conditions to the permit

fJPJuhlTOpBd ampcti7iJ7 wU1 unreasonably-intershyfere with the riparian righta of adjacent landowners or

the weSand hellfijh rihtlaquo degr raquodJraquocent to

(i) Special standards for the plaoement of MWT m water services The coiamieaioner ahall disapprove alshy

located wWhe-WltTraquo water services Into tide wetlands located withini the coastal boundary defined In

t regenerl Statutes as amended by section 4 79535 laquolaquoPt that ên necesuryto

opcea of pollution sewers that wflf aeshy

~epoundede inB Mth

tandsids for the dtinr or sxpansiofi of s^ports The commissioner shall disallow theccSstntc-tlEZiUi0T E1P01 nd laquohaW diseourage ihesub^ stantial expansion of existing airports on m wraquotlnA

22aS94 ofth O ^0Mdir7 defined- taction J to it the General Statutes as amended br section 4

liltC Att 79-635- h

expansion or improvement of airports involving ulated activities within any wetland located withamp sajamp

w t h n d H 5 n i m i z e a d v e h i e i m p a c t s o n t h e

oÂûiSsr1trade degr bull

f poundpound-3011 Dspamprtnirat of EsvironnutiJ ProiietioB

Bee 22amp-S0-11 Uie guideline

() The classes of activities listed In this section are established for the purposes of providing guidance to prospective applicants and to the public when determinshying the potential acceptability of proposed regulated activities to be undertaken within the boundaries of a wetland Nothing in this section shall be construed as constituting approval or disapproval of any activity prior to the decision on a permit All activities cieept those laquoT^ SXempU^by ect5oa zu20 ltbullgt ot raquobull Genshypoundlaquo w- Sêet deg Ptrade requirement of

if 3ce Je pbyslcal and biological conshyditions within the wetlands of the state viry with respect

soil condition watdt Quality wpply and the character of the dutrotinding

de uuu

nndel MCJ+2laquoie Twch ttnhpatiblecondlUoM The following activity mty

compatible with the function of wetland and with established public policy for their management be ônKtrnerP condltoas- Nothin in thia subsection shall

constituting conditional approval of any activity prior to regulatory review and the decision on a pennit The condition listed with eeWctiXre

laquoonrwC^ J-- activitiea raquotlaquod ^ this nbticshywheh thMmLê J any condition br limitations which the commissioner deems neceaaary on I eaae-byshytions cari7 ont the Provisions of these regulashy

(1) Conservation activities except those not VtfmlatftA pursuant to section 22a-29 of

A lat retoration or wildlife management which thiwetlandT reqmre bullRnificat physical alteration of

Both Ddeg nltgtt reTOlt emtinoxa compaction of the peat

lanînSceddeg drdiaB or filling of the wetshy

fc eleated on low-impact pOe foundation not interfere with or obstruct navigation laquo

(8 SSr3op(Sot^rict laquodlaquol circulation or flihkj

mmWzm ~ccnicni of Pip laquond cables when

(A) They are installed below grade

1(0616 6-61

Praquopartmlaquont of EnTirongiaaUl Protection j tSA-BO-ll

(B) They are sited to take advantage of existing areas of disturbances or existing transportation corridors

(C) Damage to the wetland systems as a result of eon struction activities is minimised

(D) The wetland is restored to its natural condition following construction 5

(E) Appropriate erosion and sedimentation controls are instituted so as to minimise impacts on water Qualityand sedimentation in surrounding areas

(5) Stormwater drainage structures when ltA) The pipe empties into streams or ditches within

the wetland rather than directly onto the wetland surshyface

(B) The discharge pipe Snd head will do not project nnlaquoeSnIy ntdeg regr Qtiire fill of the wetland surface

(C) The velocities of the discharged water are not sufficiently large to cause erosion or scouring of the wetshylands surface or vegetation

(D) The discharge pipe is equipped with catch basins winch are cleaned sufficiently often to Maintain unimshypaired function

(6) Erection of water-dependent industrial and comshymercial facilities when

(pound) Elevated pile-supported construction is utilised (B) They do not interfere with the circulation of tidal

or coastal waters j (C) The facilities are designed to minimise the deshy

struetion of indigenous wetland vegetation (D) They do not significantly affect native wildlife

finfish or shellfish populations (E) Their encroachment into wetland areas is limited

to that minimally necessary to provide structural stabilshyity

f110 Jtenraquotive for accomplishing the Apshyplicant objective which ia technically feasible tod wkieh further minimises adverse impacts

widt j4nd length of atrneturea are ifv il bull laquo dimensions neceeaary to aeeomshypliah their intended function

(7) Contraction of boat launching ramp when (A) All parking ia provided on upland

(B) Encroachment into the wetland 1 limited to the water-trade necewary ProTide access to eoastal or tidal

(8) Erection of power tranamisrion linea when ml P7 aMerthe topography of the wetland ermanent vehicular acceaawaya to the atructure

are not constructed in the wetland

to (pound rontes have been d found

(D) Encroachment onto the wetland ia limited to the minimum neceaeary to achieve stnictural otability

follnlin frenregraVy iaoompitible The fo l lowing activities are generally incompatible with the

bull poundpound4-3011 Department of EBTironaental Protection

functions of wetlands and with established public policy for their management Nothing in this subsection shall be construed as constituting disapproval of any activity prior to regulatory review and the decision on a permit

(1) Dredging (2) Pill ing (3) Installation of electric gas water or other util i t ies

which would change the natural contours of the wetlahd or prevent reestablishment of wetland vegetation or imshypede tidal circulation

(4) Installation of drainage control structures such as d7 yrells retention basins filters open swales or ponds

(5) Disposal of dredged materials (6) Grading (7) Excavation (8) Construction of solid fill docks (9) Construction of bulkheads groins revetments

degher shoreline stabilization structure (10) Construction of dikes hud tidal gates or mainshy

tenance repair or replacement of dikes end tidal gampte which have not been maintained in serviceable Condition during the period immediately prior to the proposed maintenance repair or replacement Construction of single family dwelling or mulshytiple family dwellings on fill

(12) Construction of commercial or industrial use facilshyities or public buildings which do not require water acshycess and construction of water-dependent commercial or m2xr^1 use or public building on fill

(13 Construction or substantial expansion of airports runways and any accessory facilities to support air

facilities11110 ndeg maintenance of existing

(Effective August 11 1980) Sec 22amp-80-12 Penults

(a) Duration of permit initiation of activity All activities initiated under a permit issued puntuant to these regulations shall be completed Vrithfa the time period specified m the permit The commiftrioher in writshy

Plaquorait upon receipt of a written reshypound n a TalaquoJd reson for web an extension (b) Other permits and lloeniei piopeity tigiit Any

permit issued pursuant to these regulations shall be subshybull v no way detradeatlaquo laquoy present or future

property ngbts or powers of the State at Connecticut and convey no property rights in real estate or material in-eluding riparian or littoral rights nor any exclusive privshylieges end is further subject to any and all public and private rights and to any federal state or local law or regulations pertinent to the property or activity affected by it Obtaining any other applicable permit or license is solely the responsibility of the applicant


160B17 881

Dgpirtcmt of EBTironntaUl Protection f 88t-30-14

8oc S2amp-S01S Boampdj

_ The commissioner may require the posting of a bond m accordance with Section 22a-33 of the General Statute ecVrlreg8 deg the atate compliance with conditions and limitation aet forth in the permit


Sec 22amp-30-14 Monitoring and enforcement (a) Commissioner to investigate obmplalnta The eomshy

fTfi Bat bullJ1comP1laquontlaquo raquoa to any actual 22 as ni laquo n a1nemder eetions 22a-28 through22a-35 of the General Statutes or theae regulations inshycluding any violation of any permit or order issued

iioner nhen bull po- f1 regf eompWnt the commisshysioner shall investigate to determine whether or not a rnvi bulldegnr ecnrred- eommiaaiorier may hold an investigative hearing In accordance with the rule of practice of the department section 22a-4-8 of the ftegulashytions of Connecticut State Agencies Within thirty (80) rrarfond tbe eomplaint the commiaaioner shall

on J -M the complaint with his determine-lion on the possible riolation

Violation defined Any person who commit takes part in or assist in any violation enumerated

V regberegiJt0 the Ptneltiea and remedies proshyramediM laquo th i ( ) ampnd 10 roch degther penalties and remedies a the law may provide The commissioner

1 notcedegf Eolation if he determines that any in born nlUT1eil^v VLdegr 18 edging in any activity not in compliance with these regulations or Sections 22a-28 through 22a-35 of the General Statutes Such activities maJm=lude bnt raquore not limited to i J Engaging V regulated activity inany wetshyland without having obtained a permit from the comshymissiooer

(2) Not complying with the conditions or limitations

placed on a permit ongt

cation ExCe g the eope of work forth in an appli-

JStZztsssssxd diB~ bull

Permit through deception or through

deg ether the raquo raquo fta

notice of violation shall describe the nature of the violation the section or secshy

oeraoif is nnf|Ute 9 with which the remedial action COmpllnee 1reg tppropriate

(d) Remedies and penalties for violationi If the comshymissioner determines that any person has committed taken part m or assisted in any violation as described in subsection (b) of these regulations he may

j gg-3014 Dlaquoprtmlaquoat of BaTiroantaUI Protection

(1) Issue an emergency order pursuant to lection 22a-7 of the General Statutes as amended or a cease and desist order pursuant to section 22a-6(3) of the General Statutes as amended directing such person to halt any and all regulated activity or other violations and to take appropriate remedial action in accordance with the rules of practice of the department lection 22a-8-l and lection 22a-8-10 and 22amp-8-11 of the Regnlashytions of Connecticut State Agencies

(2) Revoke or suspend any permit in accordance with subsection (f)

(8) Bring an action for forfeiture and the coet of restoration pursuant to section 22a-35 of the General Statutes as amended

(4) Seek a temporary or permanent injunction pursushyant to section 22a-6(3) and section 22a-35 of the General Statutes

(5) Institute a suit to recover for damages colts and expenses pursuant to section 22a-6a of the General Statshyutes

^P08reg penalty pursuant to section 22a-6a rr cnerai Statutes and regulations thereunder (7) Cause the bond or other security required pursushy

ant to section 22a-30-13 of these regulations to be forshyfeited

(8) Institute other legal remedies provided for by statute

(e) Application for maintenance of a violation The commissioner may entertain an application for a permit for any activity constituting a violation as described in subsection (b) If the commissioner entertains an applishycation for such activity the application-shall be processed in accordance with sections 22a-30-6 through 22a-30-ll i The commissioner shall include as

part of his final decision on such application a finding of whether or not the regulated activity was in violation of section 22a-32 of the General Statutes If the commisshysioner determines that such violation has occurred he may

nffP Permlt P refer the application to the i Jpound laquopounde ôrScy for action pursuant to Moshytion 22a-35 of the Genera] Statutes

J5L-Grsnt ampppction 111 prt with limitation and condition and deny it in part and refer the denied porshy

deg the application to the office of the attorney general for action pnranant to aection 22a-35 of the General Statshyuies

ditioLGrnt thC bullppUc4tion limitations and eon-

If the commissioner determine that inch riolation haa occurred a decision to grant a permit for the regulated activity m whole or m part shall not preclude hia seeking other applicable remedies listed in subsection (d) or any

I

160818 1-81

Igtraquoptftmlaquottt of Environmental Protection lt ttn-80-ie

other remedy concerning the violation available to him at law or in equity If the commissioner determines that a violation has oeeurred and if the permit is granted in part and denied in part the permit shall not be effective until the applicant has as determined by the commisshysioner restored that portion of the wetland for which the permit was denied

(f) Suspension laquonl revocation In accordance with section 22a-33 of the General Statutes the commissioner may suspend or revoke a permit if the commissioner finds that the applicant has not complied with ahy of the conshyditions or limitations set forth in the ptrmit or has exshyceeded the scope of work as set forth in the ipplication The commissioner may suspend a permit if the permittee fails to comply with the terms and conditions set forth in the application Such suspension or revocation shall be in accordance with section 4-182 of the General Statutes The commissioner may hold a hearing on the revocation or suspension of a permit in accordance with the rules of practice of the department sections 22a-8-10 and 22a-8-ll of the Regulations of Connecticut State Agencies

(g) Other remedies not excluded Nothing in these regulations shall be taken as limiting or excluding such other remedies as are available to the commissioner for the protection of wetlands


Sec 22amp-30-15 Appeals

An appeal may be taken by the applicant or any person or corporation municipal corporation or interested comshymunity group other than the applicant who haa been aggrieved by such order from the denial suspension or revocation of a permit or the issuance of a permit or conditional permit in accordance with the provisions of section 22a-34 of the General Statutes and Chapter 64 of the General Statutes


Sec 22s-S0-16 Conflict and ssveranoe

(a) Conflict with other regulations mere there Is a conflict between the provisions of these regulations and those of any other regulation administered by the department the provisions of the regulation which imshyposes the most stringent standards for the use of the wetland shall govern

(b) Invalidity of certain parts of regulations The invalidity of any word clause sentence section part or provision of these regulations shall not affeet the validity of any other part which can be given effect without such invalid part or parts


j poundggt-30-17 iHpartaiat of Earironairotai Protection

Sec 22e-S0-17 Joint processing1

In accordance with section 22a-96 of the General Statshyutes and section 21 of Public Act 79-535 the commissioner may by mutual agreement with any federal body baring jurisdiction over any activity in a wetland provide for joint processing of any application under these regulashytions with any application for a permit or other processhysing required by such body incluaing provisions for joint notices and hearings joint application materials and inshy

tlely eFchante technical Information related to permits and coordination of the JSS 5 Quence of issuance of permit decisions (Effective August 111980)

- 2 shy

First in accordance with Connecticut General Statutes (CGS) sections 22a-359 through 22a-363f (enclosed) this department regulates the placement of structures and fill and all dredging waterward of the high tide line This permit program is located within this office Section 22a-363d authorizes the issuance of an emergency authorization as follows

In situations which may result in immediate unforeseen and unacceptable hazards to life health or welfare or significant loss of property if corrective actionn otherwise requiring a permit or a certificate of permission is not undertaken the commissioner shall expeditiously approve or deny upon notification and request by the affected property owner the authorized person or the appropriate federal state or local authority the issuance of an emergency authorization

Thus in order to comply with this statute a request for emergency authorization must be made to and approved by this office prior to the commencement of any regulated activity

Second the DEP through this office directly regulates all activities in tidal wetlands (CGS sections 22a-28 through 22ashy35 enclosed) CGS section 22a-29(3) exempts the emergency decrees of any duly appointed health officer of a municipality acting to protect the public health In this instance it would be reasonable to extend this exemption to the issuance of an emergency decree by a state or federal health official We are willing to accept the public health advisory issued by the ATSDR as the necessary decree Therefore please forward a copy of that decree to this office as soon as possible

Finally for those activities to be conducted by the EPA or another federal agency a demonstration of consistency with Connecticuts federally-approved coastal management program must be submitted to and concurred with by this office in accordance with 15 CFR 930 For activities in the coastal area conducted pursuant to a federal license or permit the coastal consistency process is incorporated into a Water Quality Certificate under Section 401 of the Clean Water Act Because we anticipate continued close coordination between the EPA and this office we anticipate no significant delays by this process As stated above we are prepared to assist in any way we can to assure swift remediation with minimal adverse impacts to coastal resources

Although remedial action may be proposed by different entities under different statutes this office is committed to a rapid response to any request to conduct remedial work Our continued active involvement in the development of the remediation proposals should help ensure that any possible regulatory concerns are worked out in advance Upon receipt of adequate plans and notification materials we expect to be able to issue the appropriate authorizations within several working days or less if required





revised to

January 11993








Cued 29 CS 298


-1shy





Cued 162 C 89




-2shy




-3shy













Cued 215 C 616 625 Cited IS CA 458 471 483 484

-4shy


(PA 87-438 S 3 P A 88-230 S 1 12 $8-364 S 43 12 PA 90-98 S 1290-1115 6)










(1963 PA 569 S 31



-5shy


(PA 90-111 S I)










PA 90-111 S 21



(PA 90-231 S 14 2laquo)









(PA 90-111 S 3)


-7shy


ment authority

(P A 90-111 S 3 )


(PA 90-111 S U)

-8shy

TIDAL WETLANDS ACT



revised to

January 11991

and


CHAPTER 440






11969 P A 693 S 2)





Cited 32 CS 104 10 110 114





2








(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)





5


(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81





















revised to

January 11993








Cued 29 CS 298


-1shy





Cued 162 C 89




-2shy




-3shy













Cued 215 C 616 625 Cited IS CA 458 471 483 484

-4shy


(PA 87-438 S 3 P A 88-230 S 1 12 $8-364 S 43 12 PA 90-98 S 1290-1115 6)










(1963 PA 569 S 31



-5shy


(PA 90-111 S I)










PA 90-111 S 21



(PA 90-231 S 14 2laquo)









(PA 90-111 S 3)


-7shy


ment authority

(P A 90-111 S 3 )


(PA 90-111 S U)

-8shy

TIDAL WETLANDS ACT



revised to

January 11991

and


CHAPTER 440






11969 P A 693 S 2)





Cited 32 CS 104 10 110 114





2








(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)





5


(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81
























Cued 29 CS 298


-1shy





Cued 162 C 89




-2shy




-3shy













Cued 215 C 616 625 Cited IS CA 458 471 483 484

-4shy


(PA 87-438 S 3 P A 88-230 S 1 12 $8-364 S 43 12 PA 90-98 S 1290-1115 6)










(1963 PA 569 S 31



-5shy


(PA 90-111 S I)










PA 90-111 S 21



(PA 90-231 S 14 2laquo)









(PA 90-111 S 3)


-7shy


ment authority

(P A 90-111 S 3 )


(PA 90-111 S U)

-8shy

TIDAL WETLANDS ACT



revised to

January 11991

and


CHAPTER 440






11969 P A 693 S 2)





Cited 32 CS 104 10 110 114





2








(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)





5


(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81





















Cued 162 C 89




-2shy




-3shy













Cued 215 C 616 625 Cited IS CA 458 471 483 484

-4shy


(PA 87-438 S 3 P A 88-230 S 1 12 $8-364 S 43 12 PA 90-98 S 1290-1115 6)










(1963 PA 569 S 31



-5shy


(PA 90-111 S I)










PA 90-111 S 21



(PA 90-231 S 14 2laquo)









(PA 90-111 S 3)


-7shy


ment authority

(P A 90-111 S 3 )


(PA 90-111 S U)

-8shy

TIDAL WETLANDS ACT



revised to

January 11991

and


CHAPTER 440






11969 P A 693 S 2)





Cited 32 CS 104 10 110 114





2








(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)





5


(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81




















-3shy













Cued 215 C 616 625 Cited IS CA 458 471 483 484

-4shy


(PA 87-438 S 3 P A 88-230 S 1 12 $8-364 S 43 12 PA 90-98 S 1290-1115 6)










(1963 PA 569 S 31



-5shy


(PA 90-111 S I)










PA 90-111 S 21



(PA 90-231 S 14 2laquo)









(PA 90-111 S 3)


-7shy


ment authority

(P A 90-111 S 3 )


(PA 90-111 S U)

-8shy

TIDAL WETLANDS ACT



revised to

January 11991

and


CHAPTER 440






11969 P A 693 S 2)





Cited 32 CS 104 10 110 114





2








(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)





5


(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81





























Cued 215 C 616 625 Cited IS CA 458 471 483 484

-4shy


(PA 87-438 S 3 P A 88-230 S 1 12 $8-364 S 43 12 PA 90-98 S 1290-1115 6)










(1963 PA 569 S 31



-5shy


(PA 90-111 S I)










PA 90-111 S 21



(PA 90-231 S 14 2laquo)









(PA 90-111 S 3)


-7shy


ment authority

(P A 90-111 S 3 )


(PA 90-111 S U)

-8shy

TIDAL WETLANDS ACT



revised to

January 11991

and


CHAPTER 440






11969 P A 693 S 2)





Cited 32 CS 104 10 110 114





2








(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)





5


(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81


















(PA 87-438 S 3 P A 88-230 S 1 12 $8-364 S 43 12 PA 90-98 S 1290-1115 6)










(1963 PA 569 S 31



-5shy


(PA 90-111 S I)










PA 90-111 S 21



(PA 90-231 S 14 2laquo)









(PA 90-111 S 3)


-7shy


ment authority

(P A 90-111 S 3 )


(PA 90-111 S U)

-8shy

TIDAL WETLANDS ACT



revised to

January 11991

and


CHAPTER 440






11969 P A 693 S 2)





Cited 32 CS 104 10 110 114





2








(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)





5


(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81


















(PA 90-111 S I)










PA 90-111 S 21



(PA 90-231 S 14 2laquo)









(PA 90-111 S 3)


-7shy


ment authority

(P A 90-111 S 3 )


(PA 90-111 S U)

-8shy

TIDAL WETLANDS ACT



revised to

January 11991

and


CHAPTER 440






11969 P A 693 S 2)





Cited 32 CS 104 10 110 114





2








(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)





5


(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81























PA 90-111 S 21



(PA 90-231 S 14 2laquo)









(PA 90-111 S 3)


-7shy


ment authority

(P A 90-111 S 3 )


(PA 90-111 S U)

-8shy

TIDAL WETLANDS ACT



revised to

January 11991

and


CHAPTER 440






11969 P A 693 S 2)





Cited 32 CS 104 10 110 114





2








(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)





5


(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81


















ment authority

(P A 90-111 S 3 )


(PA 90-111 S U)

-8shy

TIDAL WETLANDS ACT



revised to

January 11991

and


CHAPTER 440






11969 P A 693 S 2)





Cited 32 CS 104 10 110 114





2








(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)





5


(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81

















TIDAL WETLANDS ACT



revised to

January 11991

and


CHAPTER 440






11969 P A 693 S 2)





Cited 32 CS 104 10 110 114





2








(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)





5


(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81

















CHAPTER 440






11969 P A 693 S 2)





Cited 32 CS 104 10 110 114





2








(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)





5


(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81





















2








(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)





5


(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81
























(1969 PA 695 S 5 6 1971 PA 872 S 401 PA 73-590 S I 3)





5


(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81


















(1969 PA 695 S 10)



1









TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81

























TABLE or CONTENTS





Permits 22a-30-12

Bonds 22amp-30-13


Appeals 22a-30-15


















BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81
























BltBlrshy











- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81




















- 3 shy






















150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81






































150811 8-81


































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81



































16081ft 8-81

































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81
































assassar

s


150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81

















150818 841







































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81



































260814 882




















i




















160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81




































160816 S-Sl















~epoundede inB Mth



liltC Att 79-635- h









de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81






















de uuu













1(0616 6-61











































160B17 881





































I

160818 1-81

















1(0616 6-61











































160B17 881





































I

160818 1-81


































160B17 881





































I

160818 1-81

































I

160818 1-81

















160818 1-81

















STATE OF CONNECTICUT SDMSDocID 212797 DEPARTMENT OF … · 1993/6/1 · Connecticut's...

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Transcript of STATE OF CONNECTICUT SDMSDocID 212797 DEPARTMENT OF … · 1993/6/1 · Connecticut's...