Sec. 22a-250c. Collection of civil penalties by state or municipalities.
Sec. 22a-250c. Collection of civil penalties by state or municipalities. (a) Except
as provided in this section, all civil penalties collected for violations of section 22a-250
shall be paid to the Commissioner of Environmental Protection for deposit in the General
Fund. Where an action for such a penalty is initiated by a municipality, fifty per cent
of any civil penalty recovered shall be retained by the municipality. Any funds received
by any municipality under this section shall be used for the purpose of enforcing the
laws and regulations regarding littering and illegal dumping.
(b) At least thirty days prior to a municipality bringing an action claiming a violation
of section 22a-250 written notice shall be provided to the Commissioner of Environmental Protection that the municipality intends to bring such an action. No such action shall
be brought if the commissioner notifies the municipality in writing that the commissioner
intends to initiate such an action. To be effective, notice by the commissioner shall be
sent within thirty days of receipt of the notice by the municipality and action by the
commissioner shall be initiated within ninety days of the notice. The notice requirements
under this section relate entirely to the relationship between the commissioner and the
municipalities. No person other than the commissioner shall have standing to challenge
an action on the ground that any notice under this section has or has not been provided
and no action claiming a violation of said section 22a-250 shall be defeated on the ground
that a municipality failed to notify the commissioner or proceeded after being informed
by the commissioner of the commissioner's intent to initiate an action, except on the
motion of the commissioner.
(P.A. 92-249, S. 9.)