Connecticut General Statutes 22a-133p – Environmental use restrictions: Enforcement of environmental land use restriction, notice of activity and use limitation, statutes and regulations
(a) The Attorney General, at the request of the commissioner, shall institute a civil action in the superior court for the judicial district of Hartford or for the judicial district wherein the subject land is located for injunctive or other equitable relief to enforce an environmental land use restriction, a notice of activity and use limitation or the provisions of sections 22a-133n to 22a-133q, inclusive, and regulations adopted pursuant to said sections or to recover a civil penalty pursuant to subsection (e) of this section.
Terms Used In Connecticut General Statutes 22a-133p
- Commissioner: means the Commissioner of Energy and Environmental Protection. See Connecticut General Statutes 22a-115
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: means any individual, corporation, nonstock corporation, limited liability company, joint venture, public benefit corporation, partnership, association, trust or estate, the state and its agencies and political subdivisions, the federal government and its agencies, and any other entity, public or private, however organized. See Connecticut General Statutes 22a-115
(b) The commissioner may issue orders pursuant to sections 22a-6 and 22a-7 to enforce an environmental land use restriction, a notice of activity and use limitation or the provisions of sections 22a-133n to 22a-133q, inclusive, and regulations adopted pursuant to said sections.
(c) In any administrative or civil proceeding instituted by the commissioner to enforce an environmental land use restriction, a notice of activity and use limitation or the provisions of sections 22a-133n to 22a-133q, inclusive, and regulations adopted pursuant to said sections, any other person may intervene as a matter of right.
(d) In any civil or administrative action to enforce an environmental land use restriction, a notice of activity and use limitation or the provisions of sections 22a-133n to 22a-133q, inclusive, and regulations adopted thereunder, the owner of the subject land, and any lessee thereof, shall be strictly liable for any violation of such restriction, limitation or the provisions of sections 22a-133n to 22a-133q, inclusive, and regulations adopted pursuant to said sections and shall be jointly and severally liable for abating such violation.
(e) Any owner of land with respect to which an environmental land use restriction or a notice of activity and use limitation applies, and any lessee of such land, who violates any provision of such restriction or limitation or violates the provisions of sections 22a-133n to 22a-133q, inclusive, and regulations adopted pursuant to said sections shall be assessed a civil penalty under § 22a-438. The penalty provided in this subsection shall be in addition to any injunctive or other equitable relief.