![]() As the remedy, the trial court ordered the defendants to pay certain fines and to retain a licensedenvironmentalprofessionaltoassistthedefendants in complying with the statute, to conduct testing on the site wherethe discharges occurred to determine if ‘‘a significant environmentalhazard’’ exists and, if so, to abate the condition. The court also concluded that Thibodeau was personally liable for the corporate defendants’ violations of the Water Pollution Control Act under the responsiblecorporateofficerdoctrine,butthathecould not be held personally liable under that doctrine for the corporate defendants’ civil violations of the Aquifer Protection Act. The trial court found that the defendants had violated these statutes and rendered judgment against them. ![]() In addition, the commissioner brought a claim against the defendantspursuanttoGeneralStatutes§ 22a-354s(b),7 allegingthatthedefendantshadviolatedtheregulations of the Aquifer Protection Act, General Statutes § 22a354g et seq. Thibodeau, Sr., andThibodeaudoingbusinessasUnderpassUsedAuto Parts,Inc.,3 alleging,amongotherthings,thatthedefendantshadviolatedGeneralStatutes§§ 22a-430(a),4 22a430b5and22a-427,6whicharepartoftheWaterPollution Control Act, General Statutes § 22a-416 et seq. The commissioner brought this action againstthedefendants,UnderpassAutoPartsCompany (UnderpassAuto),WallingfordUsedParts&Recycling, Inc. ![]() Wrinnĭefendant's Attorney: John R.Bashaw, Desmond M.Ryan, Mary Mintel Millerĭescription: The primary issue that we must address in this appeal is whether, in an action brought by the Commissioner of Environmental Protection (commissioner)1 pursuanttoGeneralStatutes§ 22a-430(d),2 the trial court, upon finding that any person had caused pollution of the waters of the state, is required to order that person to remediate the effects of the pollution pursuant to applicable standards promulgated by the commissioner and, if so, the extent to which the court may exercise its equitable powers to craft an appropriate remedy. Please E-mail suggested additions, comments and/or corrections to support the publication of case reports on MoreLawĬase Style: Commissioner of Environmental Protection v.
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