[HISTORY: Adopted by the Town Council of the Town of Monroe 9-13-2013. Amendments
noted where applicable.]
Pursuant to the authority of § 22a-42g of the Connecticut
General Statutes, the Town Council hereby adopts an ordinance establishing
penalties for violations of wetlands regulations.
The following individuals are authorized to issue a citation
for violations of the Inland Wetlands and Watercourses Regulations
of the Town of Monroe to the extent and in the manner provided by
this chapter: Inland Wetlands Agent, Inland Wetlands Inspector, Inland
Wetlands Enforcement Officer, or other individual recommended by the
Inland Wetlands Commission and authorized by the First Selectman.
Any such citation shall be served upon the person or entity named
in such citation either in hand or by certified mail, return receipt
requested, and via regular United States mail. The cost of such service
shall be paid by the violator. The Inland Wetlands Office shall file
and retain an original or certified copy of the citation. No fine
may be levied against the state or any employee of the state acting
in its behalf. Any citation issued shall identify the specific Town
of Monroe wetlands regulation violated.
A citation may be issued for any violation of the Inland Wetlands
and Watercourses Regulations of the Town of Monroe.
There are hereby established the following fines for each violation
of any section of the Inland Wetlands Regulations of the Town of Monroe.
A.
For depositing any material in, removing any material from, discharging
into, causing the pollution of, excavating in, filling or draining
of, grading in, or cutting of vegetation in any portion of a wetland
or watercourse without a permit or in violation of the permit.
B.
For conducting, undertaking, permitting the existence of, or allowing
any regulated activity, without a permit or in violation of an existing
permit, which causes, directly or indirectly, any material to enter
into or upon any wetland or watercourse or any portion thereof or
otherwise causes, either directly or indirectly, the pollution of
a wetland or watercourse or any portion thereof.
C.
For conducting, undertaking, permitting the existence of, or allowing
any regulated activity, without a permit or in violation of an existing
permit, to occur within a wetland or watercourse or in any area outside
of a wetland or watercourse which directly or indirectly impacts the
physical characteristics of the wetland or watercourse.
D.
For noncompliance with permit conditions and/or limitations.
E.
For conducting of any other regulated activity without the issuance
of a permit.
The fine for each day during which such violation exists, in
whole or in part, shall be payable to the Treasurer of the Town of
Monroe ("Treasurer"). Any fine collected by the Town pursuant to this
chapter shall be deposited into the General Fund of the Town. Each
violation of any such section(s) shall be a separate and distinct
offense, and in the case of a continuing violation, each day for which
any such violation exists shall be a separate and distinct offense
and the authorized individual who issued the citation establishing
the violation shall only be required to issue one citation with regard
to the same violation which exists for multiple days, in whole or
in part. The fine for each day during which such violation exists,
in whole or in part, shall be as determined by the Inland Wetlands
Commission and indicated (as amended from time to time) in the adopted
Inland Wetlands Citation Process and Hearing Procedures (as hereinafter
defined) but in no event shall be less than $150 nor more than the
maximum authorization by the Connecticut General Statutes for each
violation or offense or otherwise be prohibited by § 22a-42g
of the Connecticut General Statutes.
Any person issued such a citation shall be allowed a period
of 30 days from his or her receipt of the citation to make an uncontested
payment of the fine specified in the citation to the Town of Monroe
and address the remediation to the satisfaction of the Town of Monroe
Inland Wetlands Commission. If a satisfactory remediation is not approved
by the Town of Monroe Inland Wetlands Commission, the Town has the
authority to impose any and all fines retroactive or otherwise. The
day of receipt of the citation shall be deemed to be the date same
was delivered in hand or received via certified mail or three business
days after the day of mailing of the citation, whichever is last to
occur.
Any person issued a citation shall be entitled to a hearing
to contest the citation. The procedures for hearing, disposition and
enforcement shall be as set forth in § 7-152c of the Connecticut
General Statutes, as the same may be amended from time to time.
Upon recommendation of the Inland Wetlands Commission, the First
Selectman shall appoint, subject to the approval of the Town Council,
one or more Citation Hearing Officers for a two year term each to
conduct the hearings provided by this chapter. The Wetlands Agent,
Inspector, Enforcement Officer or any employee of the Town of Monroe
or any volunteer to the Town of Monroe exercising zoning or wetlands
authority may not be appointed to be a Hearing Officer pursuant to
this section.
The issuance of any citation under this chapter shall not preclude
the Inland Wetlands Commission or any other authorized person from
seeking or obtaining enforcement or remedial measures, including,
but not limited to, declaratory and injunctive relief, civil penalties,
attorneys' fees and court costs, under any other applicable provisions
of federal, state or local law.
