Connecticut Administrative Code
Title 25 - Water Resources, Flood and Erosion Control
32e - Civil Penalties for Violation of Certain Drinking Water Laws
Section 25-32e-1 - Civil penalties

(1) Monitoring requirements.

(2) Reporting requirements.

(3) Water supply plan requirements.

(4) Water quality requirements.

(5) Operator certification and backflow prevention requirements.

(6) Permits and approval requirements.

(7) Water supply capacity and sufficiency.

Requirement to meet the water supply capacity and sufficiency as used in sections 19-13-B102(o) and 19-13-B102(p) of the Regulations of Connecticut State Agencies.

(1) The amount of the total penalty assessment may be calculated by adding all the applicable penalties specified in subsection (b) or (h) of this section for every violation.

(2) Each day the violation continues may constitute a separate violation, and the total penalty assessment may be calculated as the product of the number of days the water company is in violation and the amount calculated under subsection (b) or (h) of this section.

(3) In setting a civil penalty for a violation, the commissioner shall consider relevant factors, including but not limited to those indicated in subsection (d) of this section and may as a result of considering these factors, adjust the total civil penalty calculated pursuant to subsections (e) (1) and (2) of this section.

(4) The commissioner shall not levy a civil penalty under this section if the owner or operator proves to the commissioner's satisfaction that the violation was caused by strikes or lockouts; riots, wars, or other acts of violence; floods, hurricanes or other Acts of God; or other equally severe, unforeseeable accidents the results of which were unavoidable and uncorrectable, where such acts or events were occasioned directly upon the owner or operator.

(1) A water company in receipt of a notice of violation issued pursuant to section 25-32e of the Connecticut General Statutes may petition the commissioner for a hearing to contest the determination that a violation occurred, the determination a violation has not been corrected, the initial date of the imposition of the penalty, and the imposition of a penalty within twenty days after such notice is sent by the commissioner, pursuant to section 25-32e of the Connecticut General Statutes.

(2) Any water company aggrieved by an adverse determination in a final order of the commissioner may appeal as set forth in section 25-32e of the Connecticut General Statutes.

(1) Monitoring requirements

Any water company serving fewer than 10,000 persons which fails to fulfill a monitoring requirement on or before the established compliance date or fails to provide results from an appropriately certified laboratory or certified operator as required may be found by the commissioner to be in violation of one or more of the provisions of the Regulations of Connecticut State Agencies. Each individual monitoring requirement that is not satisfied at the frequency required for such water company shall be considered a separate violation and may be subject to the applicable penalties per day, per violation indicated below:

(2) Reporting requirements

Any water company serving fewer than 10,000 persons which fails to fulfill a reporting requirement on or before the established compliance date may be found by the commissioner to be in violation of one or more of the provisions of the Regulations of Connecticut State Agencies. Each individual reporting requirement that is not satisfied at the frequency required for such reporting requirement shall be considered a separate violation and may be subject to the applicable penalties per day, per violation indicated below:

(3) Water supply plan requirements

Any water company serving fewer than 10,000 persons which fails to submit or revise a water supply plan on or before the established compliance date, may be found by the commissioner to be in violation of one or more of the provisions of the Regulations of Connecticut State Agencies and may be subject to the applicable penalties per day, per violation indicated below:

(4) Water quality requirements

Any water company serving fewer than 10,000 persons which is found by the commissioner to be in violation of one (1) or more of the provisions of sections 19-13-B102(c), 19-13-B102(e)(1) through 19-13-B102(e)(6), 19-13-B102(e)(7)(L), 19-13-B102(e)(7)(M) and 19-13-B102(j) of the Regulations of Connecticut State Agencies may be subject to a maximum penalty of $5,000.00 per day per violation.

(5) Certified operator requirements

(6) Backflow prevention requirements.

Any water company serving fewer than 10,000 persons which is found by the commissioner to be in violation of one (1) or more of the provisions of sections 25-32-9(a), 25-32-11(a), 25-32-11(e), 25-32-11(h), 25-32-12(a), 19-13-B38a(f)(6), 19-13-B38a(f)(7) and 19-13-B102(f)(3) of the Regulations of Connecticut State Agencies may be subject to a maximum penalty of $5,000.00 per day per violation.

(7) Permits and approval requirements.

Any water company serving fewer than 10,000 persons which is found by the commissioner to be in violation of one (1) or more of the provisions of sections 19-13-B80, 19-13-B102(d)(2) and 25-37d-1 of the Regulations of Connecticut State Agencies may be subject to a maximum penalty of $5,000.00 per day per violation.

(8) Water supply capacity and sufficiency.

Any water company serving fewer than 10,000 persons which is found by the commissioner to be in violation of one (1) or more of the provisions of sections 19-13-B102(o) and 19-13-B102(p) of the Regulations of Connecticut State Agencies may be subject to a maximum penalty of $5,000.00 per day per violation.