The Commission may appoint an agent or agents to act in its behalf with the authority to inspect property, except a private residence, and 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 section, the Commission or its duly authorized agent shall take into consideration the criteria for decision under §
470-43 of these regulations.
The Commission 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 owner, during the life of the permit.
In the case in which a permit has not been issued
or a permit has expired, the Commission or its agent may make regular
inspections at reasonable hours with the consent of the property owner
or the authorized agent of the owner.
If the Commission or its designated 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 Commission 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 Commission 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 Commission 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the order has been withdrawn.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 Commission 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 Commission affirms, revises or withdraws the order.
The issuance of an order pursuant to this subsection shall not delay
or bar an action pursuant to § 22a-44(b) of the Connecticut
General Statutes, as amended.
B. 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 Commission 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
Commission 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
Commission's decision to suspend, revoke, or maintain a permit by
certified mail within 15 days of the date of its decision. The Commission
shall publish notice of the suspension or revocation in a newspaper
having general circulation in the municipality.
C. Issue a notice of violation to such person conducting such activity or maintaining such facility or condition, stating the nature of the violation and the jurisdiction of the Commission and prescribing the necessary action and steps to correct the violation, including, without limitation, halting work in wetlands or watercourses. The Commission may request that the individual appear at the next regularly scheduled meeting of the Commission 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 Subsection
A or other enforcement proceedings as provided by law.