The Agency may appoint an agent or agents to act in its behalf with the authority to issue notices of violation or cease and desist orders and carry out other actions or investigations necessary for the enforcement of these regulations. In carrying out the purposes of this article, the Agency or its duly authorized agent shall take into consideration the criteria for decision under §
460-1002 of these regulations.
The Agency or its agent may make regular inspections, at reasonable
hours, of all regulated activities for which permits have been issued
with the consent of the property owner or the authorized agent of
the property owner during the life of the permit.
In the case in which a permit has not been issued or a permit
has expired, the Agency or its agent may make regular inspections
at reasonable hours with the consent of the property owner or the
authorized agent of the property owner.
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 these regulations, the Agency or its
duly authorized agent 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 10 calendar 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 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been withdrawn.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 affirms, revises or withdraws the order. The issuance
of an order pursuant to this section shall not delay or bar an action
pursuant to § 22a-44(b) of the Connecticut 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 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 or file an 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 §
460-1404A or other enforcement proceedings as provided by law.
The Agency may suspend or revoke a permit if it finds that the
permittee 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
or suspending 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. The
Agency shall hold a hearing to provide the permittee an opportunity
to show that it is in compliance with its permit and any and all requirements
for retention of the permit. The permittee shall be notified of the
Agency's decision to suspend, revoke, or maintain a permit by
certified mail within 15 days of the date of its decision. The Agency
shall publish notice of the suspension or revocation in a newspaper
having general circulation in the municipality.
The Agency may impose and enforce such fines authorized by law.