Sec. 22a-354o. Municipal aquifer protection agency: Creation; members; regulation; training. Fines.
Sec. 22a-354o. Municipal aquifer protection agency: Creation; members; regulation; training. Fines. (a) Each municipality in which an aquifer protection area is
located shall authorize by ordinance an existing board or commission to act as such
agency not later than three months after adoption by the commissioner of regulations
for aquifer protection areas pursuant to section 22a-354i and approval by the commissioner of mapping of areas of contribution and recharge areas for wells located in stratified drift aquifers in the municipality at level B pursuant to section 22a-354d. The
ordinance authorizing the agency shall determine the number of members and alternate
members, the length of their terms, the method of selection and removal and the manner
for filling vacancies. No member or alternate member of such agency shall participate
in any hearing or decision of such agency of which he is a member upon any matter in
which he is directly or indirectly interested in a personal or financial sense. In the event
of disqualification, such fact shall be entered on the records of the agency and replacement shall be made from alternate members of an alternate to act as a member of such
commission in the hearing and determination of the particular matter or matters in which
the disqualification arose.
(b) Not more than six months after approval by the commissioner of mapping at
level A, pursuant to section 22a-354d, the aquifer protection agency of the municipality
in which such aquifer protection area is located shall adopt regulations for aquifer protection.
(c) At least one member of the agency or staff of the agency shall be a person who
has completed the course in technical training formulated by the commissioner pursuant
to section 22a-354v. Failure to have a member of the agency or staff with training shall
not affect the validity of any action of the agency and shall be grounds for revocation
of the authority of the agency under section 22a-354t.
(d) Any municipality may establish, by ordinance, a fine for violations of regulations adopted pursuant to section 22a-354p, provided the amount of any such fine shall
not be more than one thousand dollars and further provided no such fine may be levied
against the state or any employee of the state acting within the scope of his employment.
Any police officer or other person authorized by the chief executive officer of the municipality may issue a citation to any person who commits such a violation. Any municipality
that adopts an ordinance pursuant to this subsection shall also adopt a citation hearing
procedure pursuant to section 7-152c. Any fine collected by a municipality pursuant to
this section shall be deposited into the general fund of the municipality or in any special
fund designated by the municipality. The provisions of this subsection shall not apply
to agricultural uses, provided such uses are following best management practices.
(P.A. 89-305, S. 8, 32; P.A. 95-218, S. 6; P.A. 07-85, S. 5.)
History: P.A. 95-218 amended Subsec. (b) to change "well" to "aquifer protection area" for consistency in the text;
P.A. 07-85 added Subsec. (d) re fines.