Water Pollution Control Authority v. Keeney

662 A.2d 124, 234 Conn. 488, 1995 Conn. LEXIS 256
CourtSupreme Court of Connecticut
DecidedJuly 25, 1995
Docket15174
StatusPublished
Cited by49 cases

This text of 662 A.2d 124 (Water Pollution Control Authority v. Keeney) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Water Pollution Control Authority v. Keeney, 662 A.2d 124, 234 Conn. 488, 1995 Conn. LEXIS 256 (Colo. 1995).

Opinion

Borden, J.

The sole issue in this appeal1 is whether the plaintiff, the Stonington water pollution control authority, whose application for a sewage discharge permit was granted by the defendant, the commissioner of the department of environmental protection, was aggrieved by the defendant’s concomitant finding that odors emitted by the plaintiff’s sewage treatment plant constituted unreasonable pollution. In order to challenge that concomitant finding, the plaintiff appealed to the trial court from the decision of the defendant granting the permit. The trial court granted the defendant’s motion to dismiss the administrative appeal for lack of subject matter jurisdiction on the ground that the plaintiff was not aggrieved, and the plaintiff appealed.

The plaintiff asserts that, even though the defendant had granted the permit sought by the plaintiff, the court had subject matter jurisdiction because: (1) the plaintiff was aggrieved by the finding of unreasonable pollution due to the collateral consequences of such a finding; and (2) the Connecticut Environmental Protection Act (act); General Statutes § 22a-14 et seq.; provides an independent basis for standing in this case. We are unpersuaded and, accordingly, we affirm the judgment of the trial court.

The following facts and procedural history are undisputed. The plaintiff operates a waste water treat[490]*490ment plant that discharges treated sewage into the Pawcatuck River. Pursuant to General Statutes § 22a-430 (a),2 the plaintiff applied to the Connecticut department of environmental protection for a renewal of its discharge permit. See General Statutes § 22a-430. The defendant appointed a hearing officer, who held a public hearing at which several citizens objected to the permit on the ground that the treatment plant was a source of odors. After the close of the hearing, one or more of the citizens filed a petition for intervention pursuant to General Statutes § 22a-19,3 asserting that [491]*491the odors from the treatment plant constituted unreasonable pollution under the act. The petition was granted, and the hearing officer considered the substantive allegations therein.

In his proposed final decision, the hearing officer found that the evidence in the record did not support the conclusion that the odors constituted unreasonable pollution. The hearing officer also determined that there was no reasonable or prudent alternative to the continued operation of the treatment plant. Accordingly, the hearing officer recommended the renewal of the permit.

At oral argument as to whether the defendant should accept the hearing officer’s proposed final decision, the plaintiff requested that the hearing be reopened to allow the plaintiff to submit evidence regarding the allegations in the intervenors’ petition. The defendant denied this request and subsequently issued his final decision on the plaintiff’s application.

In his final decision, the defendant did not accept the hearing officer’s proposed finding that the odors did not constitute unreasonable pollution under the act. The defendant, instead, determined that the testimony at the public hearing supported a finding of unreasonable pollution. The defendant nevertheless issued the permit, with a condition addressing the odor problems, because there was no feasible and prudent alternative to the continued operation of the plant. Subsequently, after the plaintiff had agreed to undertake certain measures to address the odors, an administrative consent order was substituted for that condition and the permit was reissued without any condition relevant to the odor problem.

[492]*492The plaintiff appealed to the trial court, claiming that the finding of the defendant that the odor problem constitutes unreasonable pollution was improper in several respects.4 The trial court granted the defendant’s motion to dismiss the administrative appeal for lack of subject matter jurisdiction, on the ground that the plaintiff was not aggrieved by the final decision of the defendant. This appeal followed. •

The plaintiff claims that because it was aggrieved, the trial court improperly dismissed the administrative appeal. Specifically, the plaintiff claims aggrievement because: (1) the defendant’s finding of unreasonable pollution will be prejudicial to the plaintiff in its defense of a citizens’ action that was subsequently filed seeking an injunction against the plaintiff’s continued operation of the treatment facility, and in future permit application proceedings before the defendant; and (2) the existence of the citizens’ action, based upon the finding of unreasonable pollution, “has an adverse effect on the [plaintiff] by diminishing its stock in the eyes of the Town’s local citizens.” Alternatively, the plaintiff, relying on § 22a-19 (a); see footnote 3; which grants statutory standing to a citizen acting in defense of the public trust in the environment, claims that the act provides it with an independent basis for standing. We are unpersuaded by all these claims.

“It is well established that the right to appeal an administrative action is created only by statute and a party must exercise that right in accordance with the statute in order for the court to have jurisdiction. Mun[493]*493hall v. Inland Wetlands Commission, 221 Conn. 46, 50, 602 A.2d 566 (1992).” New England Rehabilitation Hospital of Hartford, Inc. v. Commission on Hospitals & Health Care, 226 Conn. 105, 120, 627 A.2d 1257 (1993). The plaintiff agrees that the right to appeal from the decision of the defendant is created by General Statutes § 4-183 (a), which provides that “[a] person who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision may appeal to the superior court as provided in this section. . . .” (Emphasis added.)

“Accordingly, in order to have standing to bring an administrative appeal, a person or entity must be aggrieved. Connecticut Business & Industry Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726, 729, 573 A.2d 736 (1990); Zoning Board of Appeals v. Freedom of Information Commission, 198 Conn. 498, 501, 503 A.2d 1161 (1986). Aggrievement is a question of fact for the trial court and the plaintiff has the burden of proving that fact. Olsen v. Inland Wetlands Commission, 6 Conn. App. 715, 718, 507 A.2d 495 (1986). Pleading and proof of facts that constitute aggrievement are essential prerequisites to the trial court’s subject matter jurisdiction over an administrative appeal. Park City Hospital v. Commission on Hospitals & Health Care, 210 Conn. 697, 702, 556 A.2d 602 (1989); Olsen v. Inland Wetlands Commission, supra [719]; Ribicoff v.

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Bluebook (online)
662 A.2d 124, 234 Conn. 488, 1995 Conn. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/water-pollution-control-authority-v-keeney-conn-1995.