The Connecticut Department of Public Health has declared that wood smoke—under certain circumstances—can be considered a public nuisance.

The Connecticut Public Health Nuisance Code sections 19-13-B1 and section 19-13-B2 can be found at:

http://www.ct.gov/dph/lib/dph/public_health_code/sections/19-13-b1_to_19-13-b25_public_nuisances.pdf

STATE OF CONNECTICUT DEPARTMENT OF PUBLIC HEALTH ENVIRONMENTAL HEALTH SECTION
410 Capitol Avenue, MS # 51 EHS
PO Box 340308
Hartford, CT 06134
860-509- 7293

TO: Local Health Directors of Health Chief Sanitarians
FROM: Suzanne Blancaflor, M.S., Chief
Brian Toal, M.S.P.H., Supervising Epidemiologist, Environmental Health Section
DATE: April 23, 2009
RE: Wood Smoke—Public Nuisance

As you are aware many Local Health Directors receive complaints about wood smoke and other sources of pollution that are not mentioned in §19-13-B1 of the Regulations of Connecticut State Agencies (Public Health Code). On April 8, 2009 the Department of Public Health Hearing Office upheld the authority of the Trumbull Monroe Health District's order to a homeowner to abate unacceptable amounts of wood smoke (from a wood
stove), utilizing §19-13-B2 of the Public Health Code.The appellant claimed that as wood smoke was not specifically listed under §19-13-B1, the Local Health Director did not have the authority to order the abatement of wood smoke under §19-13-B2. The Hearing Officer upheld the Local Health District's use of the regulation, affirming that "The listing contained therein § 19-13-B1 is not intended to be an exhaustive listing of all conditions that constitute nuisance." The inclusion of the word "specifically" suggests that there may well be other conditions that constitute nuisances.

The Hearing Officer further cites §19a-206 of the Connecticut General Statutes as context to §19-13-B1 and §19-13-B2, and notes that the statute requires Directors to examine all nuisances and sources of filth injurious to public health as well as authorizes Local Health to "issue orders concerning any pollution."This decision is a further clarification of the broad range of circumstances in which §19-13-B1 and 19-13-B2 of the Public Health Code, and §19a-206 of the CT General Statutes can be used. A copy of the decision is enclosed for your review.Specifically, with respect to wood smoke nuisances; the Department is aware that most Local Health Directors do not have training or significant experience in investigating wood smoke complaints. Please be aware that the Connecticut Department of Environmental Protection Air Bureau has agreed to conduct training for Local Health Directors in the methods they use for evaluating wood smoke.The Section is working with the Department of Environmental Protection to ensure the training is conducted in the near future. In addition, the Environmental and Occupational Health Assessment Program is available for technical assistance related to wood smoke exposures and other sources of chemical pollution that may be investigated under §19-13-B1, §19-13-B2 of the Public Health Code and 19a-206 of the CT General Statutes (phone number 860-509-7740).

19-13-B1. Conditions specifically declared to constitute public nuisancesThe following conditions are specifically declared to constitute public nuisances:
(a) Bakeries, restaurants and other places where food is prepared or served that are not kept in a clean and sanitary condition; or in which persons who have any communicable disease are employed; or for which suitable toilet facilities are not provided; or in which there is evidence that rats, mice or vermin are present. (b) Spoiled or diseased meats, whether exposed and offered for sale or being transported or kept for sale. (c) Barns or stables, hogpens, chicken yards or manure piles or accumulations of organic material so maintained as to be a breeding place for flies.

(d) The discharge or exposure of sewage, garbage or any other organic filth into or on any public place in such a way that transmission of infective material may result thereby. (e) Privies not screened against flies in populous districts and privies likely to pollute the ground or surface water from which water supply is obtained. (f) Transportation of garbage, night soil or other organic filth except in tight, covered wagons which prevent leakage or access of flies. (g) Stagnant water likely to afford breeding places for mosquitoes within a residential district or within a distance of one thousand feet there from. (h) Bone boiling, fat rendering establishments, or tallow or soap works, or other trades, when they can be shown to affect public health or produce serious offense. (i) Buildings or any part thereof which are in a dilapidated or filthy condition which may endanger the life or health of persons living in the vicinity.

19-13-B2. Abatement of nuisance(a) Any local director of health, upon information of the existence of a nuisance or any pollution occurring within his jurisdiction, or when any such nuisance or pollution comes to his attention, shall, within a reasonable time, investigate and, upon finding such nuisance or pollution exists, shall issue his order in writing for the abatement of the same.

(b) Such order shall specify the nature of such nuisance or pollution and shall designate the time within which such abatement or discontinuance shall be accomplished; and if such order is not complied with within the time specified, the facts shall be submitted to the prosecuting authority. Copies of all orders shall be kept on file by the director of health in his office and copies of the same shall be furnished the state commissioner of health on request.