Conn. Agencies Regs. § 22a-462-2 - Banning of detergents
(a) If the
Commissioner determines that the use of any detergent in an area of the state
is resulting in pollution of the waters of the state or can reasonably be
expected to result in pollution of the waters of the state or is a significant
factor in the accelerated eutrophication of a lake, pond, or other body of
water in the state, he shall notify the manufacturer of the detergent and the
chief executive officer of each municipality in the affected area of his intent
to ban the detergent in that area. Such notice shall be sent by certified mail,
return receipt requested, and shall (1) conform to the requirements of
subsection (d) of this section, (2) state that the manufacturer or municipality
may request a hearing within thirty days from the date the notice was issued,
and (3) be published in a newspaper of general circulation in the area
affected.
(b) Any person aggrieved
by a proposal to ban a detergent pursuant to Section
22a-461
of the General Statutes may, within thirty days from the date the notice of
intent is issued, request a hearing. The Commissioner shall hold a hearing if
so requested. After the hearing the Commissioner shall consider all information
presented, including but not limited to information related to technical
feasibility, the chemical content of the product(s) to be banned, or a proposal
to reformulate the detergent to omit the ingredient which is causing or adding
to the pollution or accelerated eutrophication to comply with Section
22a-460
through
22a-462
inclusive of the General Statutes. The Commissioner shall inform the
manufacturer and all parties to the hearing by certified mail, return receipt
requested, that the notice of intent has been affirmed, affirmed as revised in
accordance with information received, or rescinded.
(c) If no request for a hearing is received
as provided for in subsection (b) of this section, or if after a hearing the
Commissioner affirms his notice of intent to ban or affirms it as revised, a
notice of the banning of the detergent shall be sent to the manufacturer by
certified mail, return receipt requested, and mailed to all known distributors.
Notice shall subsequently be published in a newspaper of general circulation in
the area affected by the ban. Each notice shall conform to the requirements of
subsection (d) of this section. The ban shall be effective as of the date of
newspaper publication.
(d) Each
notice required by these regulations shall include but need not be limited to
the following:
(1) the name of the detergent
to be banned,
(2) the ingredient of
the detergent which is causing or adding to the pollution or accelerated
eutrophication,
(3) a description
of the area in which the detergent will be banned,
(4) the statutory authority for the
ban,
(5) the reason for the
ban,
(6) the actions which
constitute a violation of the ban,
(7) the penalty for violation of the ban,
and
(8) a statement that the ban is
effective upon publication in a newspaper of general circulation in the area
affected.
Notes
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