The Commission may appoint an agent or agents to act in its behalf with the authority to inspect property and issue notices of violation or cease and desist orders and carry out other actions or investigations necessary for the enforcement of these regulations including the determination of whether an activity falls within the ambit of § 381-13.
As a condition of a permit, the Commission or
its agent may make regular inspections, at reasonable hours, of all
regulated activities for which repairs have been issued under these
regulations.
If the Commission 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 Commission or its duly authorized agent may:
A.Â
Issue a written order by certified mail, return receipt
requested, to such person(s) 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(s) 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order has been withdrawn.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 article shall not delay
or bar an action pursuant to Section 22a-44(b) of the Connecticut
General Statutes, as amended.
B.Â
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.Â
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 Commission, and prescribing the necessary action and steps to correct the violation including, without limitation, halting work in wetlands or water courses. 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 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 or other enforcement proceedings as provided by law.
