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Department of
Planning, Conservation, and Development.
SECTION 11- ENFORCEMENT
- 11.1- If the Agency or its designated agent finds that any person is
conducting or maintaining any activity, facility or condition which is in
violation of the regulations or conditions imposed by the Agency, the Agency
may issue:
- A written order, served personally and by certified mail, to such person conducting such activity or maintaining such facility or condition to cease immediately such activity and/or to correct such facility or condition. The written order may also be served personally. 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 hearing shall be open to public testimony if deemed appropriate by the Agency. 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certified mail that the original order remains in effect, that a revised order is in effect or that the order has been withdrawn.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 original order shall be effective upon issuance and shall remain in effect until the Agency affirms, revises or withdraws the order. the issuance of an order pursuant to this section shall not delay or bar an action pursuant to the penalties provided by Section 22a-36 through 22a-45, as amended (by Public Act 87-338) for such violations
- 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 including, without limitation, halting work in wetlands or watercourses. The Agency may request that the individual appear at the next regularly scheduled meeting of the Agency to discuss the unauthorized activity, and/or provide a written reply to the notice of 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 A. of this Section or other enforcement proceeding as provided by law.
- 11.2- The Agency and/or its designated agent, shall make regular inspections of all activities for which permits have been issued under these regulation. Such activities shall be open to inspection at all reasonable times. The owner, applicant or their agent, shall have such permit readily available and shall produce the same for inspection by such designated agent of the Agency upon request. In the event that the Agency determines that a regulated activity is being carried out in violation of the permit conditions, or that a regulated activity is being performed without a permit, the Agency shall issue an order to "Cease and Desist and/or to Correct", to the permittee or agent of the permittee conducting the activity.
- 11.3- The Agency may suspend or revoke a permit if it finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work as set forth in the application. The Agency must give due notice to the permittee, personally or by certified mail, return receipt requested, of the facts or conduct which warrant the intended action and hold a hearing at which the permittee is given an opportunity to shown compliance with the requirements for retention of the permit.
- 11.4- The applicant shall be notified of the Agency's decision to suspend, revoke or maintain by certified mail within fifteen (15) days of the date of the decision and the Agency shall cause notice of its order of revocation or suspension of a permit to be published in a daily newspaper having general Circulation in the municipality wherein the wetland or watercourse lies.
- 11.5- Illegal work in a wetlands may subject the violator to a civil penalty up to $25,000 per day. In addition, willful violations of the wetlands law may subject the violator to a criminal penalty of up to $1,000 per day and six months imprisonment. Subsequent violations may subject the violator to fines of up to $2,000 per day, a year imprisonment, or both.
- 11.6- If a transfer permit is not obtained within thirty (30) days of property transfer, a cease and desist order will be issued.
- 11.7- Nothing in these regulations shall be taken as limiting or excluding other remedies as are available to the Agency for the protection of inland wetlands and watercourses.