§ 13. Enforcement.  


Latest version.
  • 13.1 The agency may appoint an agent or agents to act in its behalf with the authority to inspect property, except a private residence, and issue notices of violations and carry out other actions or investigations necessary for the enforcement of these regulations.

    13.2 The agency or its agent may make regular inspections of all regulated activities for which permits have been issued under these regulations.

    13.3 If the agency or its duly authorized agent finds that any person is conducting or maintaining any activity, facility or condition which is in violation of the act or of these regulations, the agency may:

    (a)

    Issue a written order by certified mail, return receipt requested to such person conducting such activity or maintaining such facility or condition to immediately cease such activity or to correct such facility or condition. Within ten (10) days of the issuance of such order the agency shall hold a hearing to provide the person an opportunity to be heard and show cause why the order should not remain in effect. The agency shall consider the facts presented at the hearing, and within ten (10) days of the completion of the hearing notify the person by certified mail that the original order remains in effect, that a revised order is in effect, or that the order has been withdrawn. The agency shall publish notice of its decision in a newspaper having general circulation in the municipality. The original order shall be effective upon issuance and shall remain in effect until the agency, revises or withdraws the order. The issuance of an order pursuant to this section shall not delay or bar an action pursuant to Section 22a-44(b) of the General Statutes, as amended.

    (b)

    Issue a notice of violation to such person conducting such activity or maintaining such facility or condition, stating: The nature of the violation; the jurisdiction of the agency; and prescribing the necessary action and steps to correct the violation. Such corrective action may include, without limitation: Halting work in wetlands or watercourse; appearing at the next regularly scheduled meeting of the agency to discuss the unauthorized activity; providing a written reply to the notice or filing a proper application for the necessary permit. Failure to carry out the action(s) directed in a notice of violation may result in issuance of the order provided in subsection 13.3(a) or other enforcement proceedings as provided by law.

    13.4 The agency may suspend or revoke a permit if it finds that the applicant has not complied with the terms, conditions or limitations set forth in the permit or has exceeded the scope of the work as set forth in the application including application plans. Prior to revoking any permit, the agency shall issue notice to the permittee, personally or by certified mail, return receipt requested, setting forth the facts or conduct which warrants the intended action. At the public hearing the permittee shall be given an opportunity to show that it is in compliance with its permit and any and all requirements for retention of the permit.

    13.5 The permittee shall be notified of the agency's decision to suspend, revoke, or maintain a permit by personal service or certified mail within fifteen (15) days of the date of its decision.