Application for a permit shall constitute permission
for and consent to Agency inspections of the site of proposed activity
at any reasonable time before or after the granting of a permit. The
owner, applicant or their agent shall have the permit readily available
and shall produce it for inspection by the Agency's representative
upon request. The Agency shall be authorized to seek such necessary
court orders as will permit it to inspect land whereon the Agency
has probable cause to believe that a regulated activity is in progress
and for which no application has been filed.
A.
If the Agency finds that any person is conducting
or maintaining any activity, facility or condition which is in violation
of the Act, Sections 22a-36 to 22a-45, inclusive, of the Connecticut
General Statutes, as amended, or any of the regulations of this Agency
or if any applicant has not complied with the conditions or limitations
set forth in a permit or has exceeded the scope of the work as set
forth in the application, the Agency or its duly authorized agent
may:
(1)
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 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 the 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been withdrawn.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 Section 22a-44(b) of the General Statutes, as amended.
(2)
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 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 the retention of the permit. The
permittee shall be notified of the Agency's decision to suspend, revoke
or maintain a permit by personal service or certified mail within
15 days of the date of its decision. The agency shall publish notice
of the suspension or violation in a newspaper having general circulation
in the Town.
(3)
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 watercourse.
(4)
In addition to any other remedy allowed by law, any
person who violates any provision of the Inland Wetlands and Watercourses
Regulations shall be subject to a fine of not more than $1000. Issuance
of such fines shall be in accordance with the procedures established
in Town ordinances, including the citation hearing process. (See Attachments.)[1]
B.
The Agency may request that the person 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 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(1) of this section or other enforcement proceedings as provided by law.
