Substitute House Bill No. 6711
Substitute House Bill No. 6711
PUBLIC ACT NO. 97-289
AN ACT CONCERNING MOSQUITO CONTROL AND AERIAL
APPLICATION OF PESTICIDES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 19a-93 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of [Public Health]
ENVIRONMENTAL PROTECTION may make regulations and
orders concerning the elimination of mosquitoes
and mosquito-breeding places, and said
commissioner or his agent may enter upon any
[swamp, marsh or] land, TIDAL WETLAND, INLAND
WETLAND OR WATERCOURSE to ascertain if mosquitoes
breed thereon or to survey, drain, fill or
otherwise treat, or make any excavation or
structure necessary to eliminate mosquito breeding
on [,] such land. When funds have been provided
[by voluntary contribution or] by appropriation by
the state for the elimination of mosquitoes or
mosquito-breeding places, said commissioner may
[order the execution] CONDUCT OR CAUSE THE
CONDUCTING of such work [upon notice as herein
provided. At least thirty days before commencing
such work, said commissioner shall file a copy of
such order, with a description of the place or
area affected and a statement of the proposed plan
thereof, in the town clerk's office in each town
in which such place or area is located. Said
commissioner shall publish a copy of such order
once each week for two successive weeks in some
newspaper having a circulation in the town or
towns in which such place or area is situated, and
shall mail a copy of such notice, postage prepaid,
by registered or certified mail, addressed to each
record owner of land whose name and address may be
ascertained by a reasonable inquiry from the
assessors of the town in which such land is
situated. Said commissioner may, and upon
application of any person affected by such order
or plan, within thirty days after such
publication, shall, assess damages sustained by
the owner of any such land. Such assessment shall
be filed by said commissioner with the clerk of
the superior court for the judicial district
within which the land affected is located, and
such clerk shall give notice of such assessment to
each such property owner, by mailing to him a copy
of such assessment, postage prepaid. Any person
claiming to be aggrieved because of such order or
proposed plan or such assessment may, within ten
days after notice, apply to the superior court for
the judicial district in which such land is
situated, or any judge thereof, for relief, and
said court or such judge may, after notice to said
commissioner and the parties applying for relief,
and hearing thereon, make any proper order
concerning such order or proposed plan, or make a
reassessment of damages. Said court or such judge
may view the land claimed to be affected by such
order or plan and may take any evidence which is,
in his opinion, material. The order, plan and
assessment as hereinbefore provided shall be
conclusive upon all parties affected thereby, and
the state treasurer shall pay to any such owner
the damages assessed by said commissioner or by
said court or such judge, as the case may be, upon
certification of the amount by the clerk of said
court. The pendency of any application for the
assessment of damages shall not prevent or delay
the execution of the work for the elimination of
mosquitoes or mosquito breeding. Upon the
completion, to the satisfaction of said
commissioner, of any such work, said commissioner
shall certify to the Comptroller, with proper
vouchers, the amount of such costs, and the
Comptroller shall draw his order on the Treasurer
for the payment of the same] PROVIDED NO FILLING,
DRAINING, EXCAVATION, INSTALLATION OR ERECTION OF
ANY STRUCTURE, OR ANY OTHER PERMANENT ALTERATION
OF PRIVATE PROPERTY SHALL BE CONDUCTED WITHOUT THE
CONSENT OF THE LANDOWNER ON WHOSE PROPERTY SUCH
WORK IS TO BE CONDUCTED. THE COMMISSIONER MAY TAKE
AND HOLD, BY PURCHASE, CONDEMNATION OR OTHERWISE,
ANY REAL PROPERTY OR INTEREST IN REAL PROPERTY AS
HE DETERMINES IS NECESSARY TO ABATE A THREAT OF
DISEASE TO HUMANS OR ANIMALS FROM INSECT VECTORS.
WHENEVER THE COMMISSIONER IS UNABLE TO AGREE WITH
THE OWNER OF ANY SUCH PROPERTY AS TO THE
COMPENSATION TO BE PAID FOR THE TAKING THEREOF,
THE COMMISSIONER MAY BRING CONDEMNATION
PROCEEDINGS IN ACCORDANCE WITH THE PROCEDURE
PROVIDED BY CHAPTER 835 FOR CONDEMNATION BY
MUNICIPAL CORPORATIONS GENERALLY. IN SUCH CASE,
THE COURT MAY PERMIT IMMEDIATE POSSESSION OF SUCH
PROPERTY BY THE COMMISSIONER IN ACCORDANCE WITH
THE PROCEDURE PROVIDED BY SAID CHAPTER 835.
Sec. 2. Section 19a-94 of the general statutes
is repealed and the following is substituted in
lieu thereof:
When any [swamp, marsh or other land has been
drained] WORK HAS BEEN CONDUCTED IN ACCORDANCE
WITH SECTION 19a-93, AS AMENDED BY SECTION 1 OF
THIS ACT, THAT IS SUBJECT to the approval of the
Commissioner of [Public Health] ENVIRONMENTAL
PROTECTION, said commissioner shall keep the same
in repair and free from obstruction [and construct
or repair tide gates] or otherwise treat such
areas so as to make such work effective. Said
commissioner may appoint one or more agents to
supervise the work done under the provisions of
this section and section 19a-93, who may exercise
the authority granted to said commissioner. The
expenses of said commissioner and said agents in
carrying out the provisions of this section and
section 19a-93 shall be paid from funds provided
by [voluntary contributions or from funds
appropriated] APPROPRIATIONS by the state for such
purpose. The Comptroller may advance to said
commissioner such amounts, within the
appropriations therefor, as are necessary to meet
the current expenses for [labor] WORK authorized
under the provisions of this section and section
19a-93. Any person obstructing the work of
examining, surveying or ditching or otherwise
treating such mosquito-breeding areas, or
obstructing any ditch, canal or drain, or the
natural outlet of any marsh-forming and
mosquito-breeding areas, shall be fined not more
than one hundred dollars or imprisoned not more
than ninety days or both.
Sec. 3. Subsection (a) of section 22a-6k of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The Commissioner of Environmental
Protection may issue an emergency authorization
for any activity regulated by the commissioner
under section 22a-32, 22a-54, 22a-66, 22a-174,
22a-208a, 22a-342, 22a-368, 22a-403, 22a-430,
22a-449 or 22a-454 provided he finds that (1) such
authorization is necessary to prevent, abate or
mitigate an imminent threat to human health or the
environment; and (2) such authorization is not
inconsistent with the federal Water Pollution
Control Act, the federal Rivers and Harbors Act,
the federal Clean Air Act or the federal Resource
Conservation and Recovery Act. Such emergency
authorization shall be limited by any conditions
the commissioner deems necessary to adequately
protect human health and the environment. Summary
suspension of an emergency authorization may be
ordered in accordance with subsection (c) of
section 4-182. The commissioner may assess a fee
for an emergency authorization issued pursuant to
this subsection. Such fee shall be of an amount
equal to the equivalent existing permit fee for
the activity authorized. The commissioner may
reduce or waive the fee required pursuant to this
subsection if good cause is shown. The fee
required pursuant to this subsection shall be paid
no later than ten days after the issuance of the
emergency authorization.
Sec. 4. Subdivision (3) of section 22a-29 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(3) "Regulated activity" means any of the
following: Draining, dredging, excavation, or
removal of soil, mud, sand, gravel, aggregate of
any kind or rubbish from any wetland or the
dumping, filling or depositing thereon of any
soil, stones, 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 activities conducted
by, [the Mosquito Control Division of the
Department of Public Health] OR UNDER THE
AUTHORITY OF, THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION FOR THE PURPOSES OF MOSQUITO CONTROL,
conservation activities of the state Department of
Environmental Protection, the construction or
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.
Sec. 5. Subsection (a) of section 22a-40 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The following operations and uses shall be
permitted in wetlands and watercourses, as of
right:
(1) Grazing, farming, nurseries, gardening and
harvesting of crops and farm ponds of three acres
or less essential to the farming operation, AND
ACTIVITIES CONDUCTED BY, OR UNDER THE AUTHORITY
OF, THE DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
THE PURPOSES OF WETLAND OR WATERCOURSE RESTORATION
OR ENHANCEMENT OR MOSQUITO CONTROL. The provisions
of this subdivision shall not be construed to
include road construction or the erection of
buildings not directly related to the farming
operation, relocation of watercourses with
continual flow, filling or reclamation of wetlands
or watercourses with continual flow, clear cutting
of timber except for the expansion of agricultural
crop land, the mining of top soil, peat, sand,
gravel or similar material from wetlands or
watercourses for the purposes of sale;
(2) A residential home (i) for which a
building permit has been issued or (ii) on a
subdivision lot, provided the permit has been
issued or the subdivision has been approved by a
municipal planning, zoning or planning and zoning
commission as of the effective date of
promulgation of the municipal regulations pursuant
to subsection (b) of section 22a-42a or as of July
1, 1974, whichever is earlier, and further
provided no residential home shall be permitted as
of right pursuant to this subdivision unless the
permit was obtained on or before July 1, 1987;
(3) Boat anchorage or mooring;
(4) Uses incidental to the enjoyment and
maintenance of residential property, such property
defined as equal to or smaller than the largest
minimum residential lot site permitted anywhere in
the municipality, provided in any town, where
there are no zoning regulations establishing
minimum residential lot sites, the largest minimum
lot site shall be two acres. Such incidental uses
shall include maintenance of existing structures
and landscaping but shall not include removal or
deposition of significant amounts of material from
or onto a wetland or watercourse or diversion or
alteration of a watercourse;
(5) Construction and operation, by water
companies as defined in section 16-1 or by
municipal water supply systems as provided for in
chapter 102, of dams, reservoirs and other
facilities necessary to the impounding, storage
and withdrawal of water in connection with public
water supplies except as provided in sections
22a-401 and 22a-403; and
(6) Maintenance relating to any drainage pipe
which existed before the effective date of any
municipal regulations adopted pursuant to section
22a-42a or July 1, 1974, whichever is earlier,
provided such pipe is on property which is zoned
as residential but which does not contain
hydrophytic vegetation. For purposes of this
subdivision, "maintenance" means the removal of
accumulated leaves, soil, and other debris whether
by hand or machine, while the pipe remains in
place.
Sec. 6. Subsection (e) of section 22a-54 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) The following provisions shall govern the
certification of aircraft applicators:
(1) No person shall apply, offer to apply or
cause to be applied any pesticide or fertilizer by
aircraft without a certificate or permit issued in
accordance with the provisions of this subsection.
(2) Upon application of any person qualified
to fly an aircraft, the commissioner may issue a
certificate for the application of pesticides or
fertilizers by aircraft. Application for said
certificate shall be on forms provided by the
commissioner and shall be accompanied by a fee
established by the commissioner by regulations
adopted in accordance with the provisions of
chapter 54 provided the fee shall be not less than
twenty-five dollars.
(3) The commissioner may issue a permit to the
owner of any crop or land, or to a representative
designated by such owner, for application of
pesticides or fertilizers by a certified aircraft
applicator. Application for said permit shall be
on forms provided by the commissioner and shall be
accompanied by a fee established by the
commissioner by regulations adopted in accordance
with the provisions of chapter 54 provided the fee
shall be not less than ten dollars. THE
COMMISSIONER MAY WAIVE THE APPLICATION FORM AND
FEE REQUIREMENTS IMPOSED PURSUANT TO REGULATIONS
ADOPTED IN ACCORDANCE WITH THE PROVISIONS OF
CHAPTER 54 IN CIRCUMSTANCES WHERE APPLICATION OF
BROAD SPECTRUM CHEMICAL PESTICIDES FROM THE AIR IS
NECESSARY TO CONTROL SPECIFIC VECTORS OF HUMAN
DISEASE WHICH POSE AN IMMINENT THREAT TO PUBLIC
HEALTH. The commissioner may require inspection of
the crop or area and its immediate environs and
approval as follows:
(A) For agricultural crops, nurseries and
orchards, by the director of the Connecticut
Agricultural Experiment Station;
(B) For rodent control, woodland spraying and
mosquito control spraying, by the commissioner;
(C) For control of vectors of human disease,
by the Commissioner of Public Health.
(4) The commissioner shall designate the kind
and amount of pesticides permitted for use by
aircraft. Permits for aircraft spraying in
congested areas shall be issued only with the
approval of the director of health of the
municipality in which the operation is to be
conducted EXCEPT IN CIRCUMSTANCES WHERE THE
COMMISSIONER DETERMINES THAT THE APPLICATION OF
BROAD SPECTRUM CHEMICAL PESTICIDES FROM THE AIR IS
NECESSARY TO CONTROL SPECIFIC VECTORS OF HUMAN
DISEASE WHICH POSE AN IMMINENT THREAT TO PUBLIC
HEALTH.
(5) The commissioner, with the advice of the
Commissioner of Transportation, may adopt such
regulations as he deems necessary for the
protection of public health, aquatic and animal
life and public and private property, governing:
(A) The type of aircraft to be used;
(B) The hours during which aircraft may be so
used;
(C) The wind and weather conditions under
which aircraft spraying or dusting may be
performed;
(D) The minimum area on which aircraft
spraying or dusting may be done; and
(E) The amount of public liability and
property damage insurance to be carried by the
aircraft applicator.
Sec. 7. (NEW) The Connecticut Agricultural
Experiment Station shall, in accordance with the
provisions of chapter 426 of the general statutes,
conduct surveillance and testing for the existence
of mosquitoes carrying the eastern equine
encephalitis virus in accordance with a plan
developed and agreed upon by the Commissioner of
Environmental Protection, the Commissioner of
Public Health and the director of the Connecticut
Agricultural Experiment Station. Such plan shall
specify procedures to assure that any expenditures
for surveillance and testing shall be reasonable
and prudent. The director of the Connecticut
Agricultural Experiment Station or any person
authorized by him to implement the provisions of
this section may, at any reasonable time, enter
any public or private premises in the performance
of his duty.
Sec. 8. Section 22a-35a of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Environmental Protection,
within available appropriations and bond
authorizations, shall conduct wetlands restoration
and enhancement projects, including but not
limited to, open water marsh management and
coastal culvert and tide gate management. Such
projects (1) shall maximize successful
recolonization of tidal wetland vegetation and
long-term control of mosquitoes, MOSQUITO LARVAE
and mosquito habitats, (2) shall be consistent
with the provisions of sections 22a-28 to 22a-30,
inclusive, and sections 22a-90 to 22a-112,
inclusive, and (3) shall be consistent with
preservation, protection and restoration of tidal
wetland values.
Sec. 9. This act shall take effect July 1,
1997.
Approved July 2, 1997