Sec. 22a-44. Penalty. Court orders.
Sec. 22a-44. Penalty. Court orders. (a) If the inland wetlands agency or its duly
authorized agent finds that any person is conducting or maintaining any activity, facility
or condition which is in violation of sections 22a-36 to 22a-45, inclusive, or of the
regulations of the inland wetlands agency, the agency or its duly authorized agent may
issue a written order, by certified mail, to such person conducting such activity or maintaining such facility or condition to cease immediately such activity or to correct such
facility or condition. Within ten 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 ten 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has been withdrawn.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 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 subsection (b)
of this section. The agency may file a certificate of such order in the office of the town
clerk of the town in which the land is located and the town clerk shall record such
certificate on the land records of such town. Such certificate shall be released upon
compliance with such order. The commissioner may issue orders pursuant to sections
22a-6 to 22a-7, inclusive, concerning an activity, facility or condition (1) which is in
violation of said sections 22a-36 to 22a-45, inclusive, if the municipality in which such
activity, facility or condition is located has failed to enforce its inland wetlands regulations or (2) for which an approval is required under sections 22a-36 to 22a-45, inclusive,
and for which such approval has not been obtained.
(b) Any person who commits, takes part in, or assists in any violation of any provision of sections 22a-36 to 22a-45, inclusive, including regulations adopted by the commissioner and ordinances and regulations promulgated by municipalities or districts
pursuant to the grant of authority herein contained, shall be assessed a civil penalty of
not more than one thousand dollars for each offense. Each violation of said sections
shall be a separate and distinct offense, and, in the case of a continuing violation, each
day's continuance thereof shall be deemed to be a separate and distinct offense. The
Superior Court, in an action brought by the commissioner, municipality, district or any
person, shall have jurisdiction to restrain a continuing violation of said sections, to issue
orders directing that the violation be corrected or removed and to assess civil penalties
pursuant to this section. All costs, fees and expenses in connection with such action
shall be assessed as damages against the violator together with reasonable attorney's fees
which may be allowed, all of which shall be awarded to the commissioner, municipality,
district or person which brought such action. All penalties collected pursuant to this
section shall be used solely by the Commissioner of Environmental Protection (1) to
restore the affected wetlands or watercourses to their condition prior to the violation,
wherever possible, (2) to restore other degraded wetlands or watercourses, (3) to inventory or index wetlands and watercourses of the state, or (4) to implement a comprehensive training program for inland wetlands agency members.
(c) Any person who wilfully or knowingly violates any provision of sections 22a-36 to 22a-45, inclusive, shall be fined not more than one thousand dollars for each day
during which such violation continues or be imprisoned not more than six months or
both. For a subsequent violation, such person shall be fined not more than two thousand
dollars for each day during which such violation continues or be imprisoned not more
than one year or both. For the purposes of this subsection, "person" shall be construed
to include any responsible corporate officer.
(1972, P.A. 155, S. 9; P.A. 75-387, S. 2; P.A. 76-330; P.A. 77-599, S. 4, 7; P.A. 81-125, S. 1; P.A. 87-338, S. 9, 11;
P.A. 95-151, S. 2; 95-218, S. 13, 24; P.A. 96-269, S. 2.)
History: P.A. 75-387 made previous provisions Subsec. (b) and inserted new Subsec. (a) re orders issued upon discovery
of violation of Secs. 22a-36 to 22a-45 or regulations of inland wetlands agency; P.A. 76-330 allowed assessment of attorneys
fees against violator and required that all costs, etc. be awarded to the initiator of the action; P.A. 77-599 amended Subsec.
(a) to allow issuance of orders to cease an activity as well as orders to correct facilities or conditions; P.A. 81-125 amended
Subsec. (a) to authorize agents of inland wetlands agencies to issue orders and amended Subsec. (b) to clarify the superior
court's jurisdiction to impose fines; P.A. 87-338 amended Subsec. (a) to authorize the commissioner to issue orders
concerning violations if the municipality in which the violation occurred has failed to enforce its regulations and added
Subsec. (c) re wilful or knowing violations; P.A. 95-151 amended Subsec. (a) to provide for recording of certificate of
order by inland wetlands agency on land records; P.A. 95-218 amended Subsec. (b) to allow use of penalties collected
under this section for restoring other degraded wetlands, an inventory of wetlands in the state and training for wetlands
officials (Revisor's note: The word "to" was inserted editorially by the Revisors following Subdiv. indicators (2), (3)
and (4) for grammatical accuracy); P.A. 96-269 added Subsec. (a)(2) re enforcement by the commissioner concerning
unauthorized activities.
Cited. 179 C. 250. Cited. 180 C. 421; Id., 692. Cited. 183 C. 85; Id., 532. The inland wetlands and watercourses act
cited. 186 C. 67. Cited. 193 C. 414. The inland wetlands and watercourses act cited. 196 C. 218. Cited. 203 C. 525. Cited.
209 C. 544; Id., 652. Cited. 211 C. 416. Inland wetlands and watercourses act cited. 212 C. 710; Id., 727; 213 C. 604.
Cited. 216 C. 320. Inland wetlands and watercourses act (IWWA) Sec. 22a-36 et seq. cited. Id. Inland wetlands and
watercourses act (IWWA) cited. 217 C. 164. Inland wetlands and watercourses act cited. 218 C. 703; 219 C. 404. Cited.
220 C. 362; Id., 476. Cited. 221 C. 46. Cited. 225 C. 185. Inland wetlands and watercourses act, Secs. 22a-36-22a-45a, cited.
226 C. 579. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 228 C. 95. Inland wetlands and watercourses act
cited. 229 C. 247. Cited. Id., 627; Id., 659. Inland Wetlands and Watercourses Act cited. 242 C. 355. Trial court properly
concluded that corporate officer was personally liable for cutting trees. 275 C. 105.
Cited. 4 CA 271. Cited. 5 CA 70. Cited. 6 CA 715. Inland wetlands and watercourses act cited. 12 CA 47. Inland
wetlands and watercourses act cited. 15 CA 336; 18 CA 440. Cited. 19 CA 713. Inland wetlands and watercourses act
cited. 20 CA 309; 26 CA 564; 27 CA 590; 28 CA 780. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 29
CA 12, 15; Id., 105. Inland wetlands act cited. 30 CA 85. As a matter of law DEP could not properly issue an administrative
order under Subsec. (a) having three years earlier elected to bring action against plaintiff under Subsec. (b). 31 CA 105.
Inland wetlands and watercourses act, Secs. 22a-36-22a-45 cited. Id.; Id., 599; judgment reversed, see 229 C. 627, see
also 36 CA 270. Inland wetlands and watercourses act cited. 32 CA 799. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 34 CA 385. Inland Wetlands and Watercourses Act cited. 36 CA 270; 37 CA 166.
Cited. 35 CS 145. Cited. 36 CS 1. Cited. 41 CS 444. Cited. 42 CS 57.
Subsec. (a):
Cited. 227 C. 904.
Cited. 18 CA 440.
Subsec. (b):
Trial court properly determined per diem monetary penalties. 275 C. 105. Subsec. authorizes "any person" to bring an
action for enforcement of provisions of Inland Wetlands and Watercourses Act, creating private right of action; plaintiffs
had personal and legal interest in ensuring that intended development which might result in pollution to an adjacent
watercourse running over portion of the plaintiff's property was completed according to inland wetlands regulations and
thus had standing to bring action under Subsec. 284 C. 268.
Cited. 8 CA 254. Cited. 32 CA 799. Supreme court in Stamford v. Kovac, 229 C. 622, reversed judgment of appellate
court in 31 CA 599 and remanded case for consideration of remaining issues raised by defendant. 36 CA 270. Cited. 41
CA 120.