Town of Brookfield, CT Chapter 221 Wetlands Penalties

[HISTORY: Adopted by the Board of Selectmen of the Town of Brookfield 9-10-2001. Amendments noted where applicable.]

GENERAL REFERENCES

Wetlands and watercourses — See Ch. 220.

§ 221-1 Title; statutory authority.

This chapter, which shall be known as the "Brookfield Inland Wetlands Penalty Ordinance, is hereby adopted pursuant to the provisions of Public Act No. 96-210 of the State of Connecticut.

§ 221-2 Citation and fine for violation of inland wetlands regulations.

A. The Inland Wetlands Commission of the Town of Brookfield is hereby authorized to direct the Inland Wetlands Enforcement Officer of the Town of Brookfield, or any duly authorized assistant Inland Wetlands Enforcement Officer, to issue a citation to and recommend a fine, as hereinafter set forth, upon any property owner of record as of the date of issuance of said citation, or other person who is found to be in violation of any of the following provisions of the Inland Wetlands Regulations of the Town of Brookfield as set forth in Chapter 220 of the Code of the Town of Brookfield, as amended.

B. The Inland Wetlands Commission of the Town of Brookfield shall have the authority to uphold, suspend, or revise such citations, as well as review, uphold, rescind, or amend recommended fines, conduct hearings related to appeals, and impose other actions as appropriate.

§ 221-3 Violations and penalties.

A. Each violation of any of the provisions of the Brookfield Inland Wetlands Regulations shall constitute a separate and distinct violation under this chapter, for which a citation may be issued which shall cause written notice of the violation, proposed fine, and right to appeal to be delivered to or served upon the property owner and/or violator. In the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct violation.

B. The Inland Wetlands Enforcement Officer or any duly authorized assistant Inland Wetlands Enforcement Officer may recommend fines as appropriate. The determination of the amount of such fines shall be based on the guideline included herein. The amount of such fines shall not exceed the amounts indicated for each offense.

	Code Section	Violation	Fine
	§ 220-5C	The conduct of activities delineated in § 220-5C without the required permit pursuant to § 220-7	Up to $1,000
	§ 220-5D	Failure to inform the Agency or provide necessary data as mandated by § 220-5D prior to the commencement of any operation	Up to $1,000
	§ 220-12K(4)	Failure to control stormwater discharges, prevent erosion and sedimentation, or prevent pollution of wetlands and watercourses	Maximum $1,000
	§ 220-12K(8)	Failure to conform to the terms, conditions, limitations or modifications set forth in any permit, including any time period established therein	Up to $1,000
	§ 220-13	Failure to post the required bond or to obtain liability insurance as required by the Agency	Up to $1,000

§ 221-4 Payment and appeal.

Fines imposed pursuant to this chapter must be paid within 30 days from the date of the citation. Any person wishing to contest such citation may make written request for a hearing before a hearing officer or Commission pursuant to the provisions of § 7-152c of the Connecticut General Statutes and § 220-22B of the Code of the Town of Brookfield.