§ 22a-5c — Filing of orders on land records. Fifteen-year limit for certain orders. Discharge of lien. Procedure.

Connecticut § 22a-5c

• Jurisdiction: Connecticut
• Title 22a: Environmental Protection
• Ch. 439: Department of Energy and Environmental Protection. State Policy

Text

(a) When an order issued by the Commissioner of Energy and Environmental Protection to any person pursuant to section 22a-6, 22a-6b, 22a-7, 22a-108 or 22a-363f to correct, abate or penalize any violation of section 22a-32, 22a-92 or 22a-361 or any certificate or permit issued under section 22a-6, 22a-6b, 22a-7, 22a-32, 22a-92, 22a-108, 22a-361 or 22a-363f becomes final, the commissioner shall cause a certified copy or notice of the final order to be filed on the land records in the town in which the land is located. Such certified copy or notice shall constitute a notice to the owner's heirs, successors and assigns. When the order is complied with or revoked, the commissioner shall issue a certificate showing such compliance or revocation, which certificate the commissioner shall cause to be recorded on the land records in the town in which the order was previously recorded. A certified copy of the certificate showing such compliance or revocation shall be sent to the owner at the owner's last-known post office address. (b) No order issued by the Commissioner of Energy and Environmental Protection pursuant to section 22a-6b shall continue in force for a longer period than fifteen years after the order has been issued unless the commissioner has taken judicial action to enforce such order. Any order for which the commissioner has not taken judicial action shall be invalid and discharged as a matter of law after the expiration of the fifteen-year period. (c) Notwithstanding any provision of this title, any person that has an interest in any real property described in any certificate of lien, for which lien the Department of Energy and Environmental Protection is the lien holder and satisfaction of relevant conditions was made but discharge has not occurred, may give written notice to such department by registered mail or by certified mail, postage prepaid, return receipt requested, for a request to discharge such lien. Not later than sixty days after receipt of such notice, such department shall discharge such lien by mailing, by certified mail, return receipt requested, a release that meets the requirements of subsection (b) of section 52-380d to the person making such request and to any municipality where such lien is recorded.

Legislative History

(P.A. 01-118, S. 1; P.A. 11-80, S. 1; P.A. 13-179, S. 14; P.A. 24-42, S. 1.) History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 13-179 designated existing provisions as Subsec. (a) and added Subsec. (b) re fifteen-year limit for orders issued pursuant to Sec. 22a-6b unless such order is judicially enforced; P.A. 24-42 added Subsec. (c) re discharge of lien procedures, effective May 21, 2024.