2005 Connecticut Code - Sec. 22a-2. Department. Commissioner. Definitions. Permitted delegations of powers.

      Sec. 22a-2. Department. Commissioner. Definitions. Permitted delegations of powers. (a) There shall be a Department of Environmental Protection which shall have jurisdiction over all matters relating to the preservation and protection of the air, water and other natural resources of the state. Said department shall be under the direction of a Commissioner of Environmental Protection who shall be appointed in accordance with the provisions of sections 4-5 to 4-8, inclusive.

      (b) As used in this title and chapters 263, 268, 348, 360, 447, 448, 449, 452, 462, 474, 476, 477, 478, 479, 490 and 495, except where otherwise provided, "commissioner" means the Commissioner of Environmental Protection or his designated agent. The Commissioner of Environmental Protection shall have the authority to designate as his agent (1) any deputy commissioner to exercise all or part of the authority, powers and duties of said commissioner in his absence, (2) any deputy commissioner or any employee, assistant or agent employed pursuant to section 22a-4 to exercise such authority of the Commissioner of Environmental Protection as he delegates for the administration or enforcement of any applicable statute, regulation, permit or order, (3) the Commissioner of Public Safety and any local air pollution control official or agency to exercise such authority as the Commissioner of Environmental Protection delegates for the enforcement of any applicable statute, regulation, order or permit pertaining to air pollution, except the authority to render a final decision, after a hearing, assessing a civil penalty under said section 22a-6b, and (4) any municipal police department the authority to enforce the provisions of chapters 268 and 490.

      (c) As used in this chapter, and chapters 263, 268, 348, 360, 440, 446d, 446i, 446k, 447, 448, 449, 452, 462, 474, 476, 477, 478, 479, 490 and 495, except where otherwise provided, "person" means any individual, firm, partnership, association, syndicate, company, trust, corporation, limited liability company, municipality, agency or political or administrative subdivision of the state, or other legal entity of any kind.

      (1971, P.A. 872, S. 2; P.A. 73-665, S. 5, 17; P.A. 74-187, S. 4; P.A. 75-441, S. 1, 2; P.A. 77-41, S. 1, 2; 77-614, S. 486, 610; P.A. 89-224, S. 11, 22; P.A. 90-173, S. 7; 90-230, S. 32, 101; P.A. 92-162, S. 1, 25; P.A. 93-428, S. 32, 39; P.A. 95-79, S. 90, 189.)

      History: P.A. 73-665 added Subsecs. (b) and (c) defining "commissioner" and "person" and setting forth list of those who may serve as commissioner's agents; P.A. 74-187 added references to chapter 440 in Subsecs. (b) and (c); P.A. 75-441 added Subdiv. (4) in Subsec. (b) authorizing municipal police departments to serve as commissioner's agents in enforcing chapters 268 and 490; P.A. 77-41 authorized deputy commissioners to act for commissioner under Subdiv. (2) of Subsec. (b); P.A. 77-614 substituted commissioner of public safety for commissioner of state police in Subsec. (b), effective January 1, 1979; P.A. 89-224 added references to chapter 495; P.A. 90-173 and 90-230 corrected internal references in Subsecs. (b) and (c); P.A. 92-162 amended Subsec. (b) to apply the definition of commissioner throughout title 22a; P.A. 93-428 deleted provision disallowing delegation of authority of the commissioner to render a final decision assessing administrative civil penalties, effective July 1, 1993; P.A. 95-79 amended Subsec. (c) to redefine "person" to include a limited liability company, effective May 31, 1995.

      Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1-22a-13)" cited. Id., 212 et seq. Cited. 226 C. 737, 748.