Sec. 22a-354s. Penalty. Court orders.
Sec. 22a-354s. Penalty. Court orders. (a) If the aquifer protection agency or its
duly authorized agent finds that any person is conducting or maintaining any activity,
facility or condition which violates any provision of sections 22a-354o to 22a-354t,
inclusive, or section 14 of public act 89-305*, or any regulation or permit adopted or
issued thereunder, the agency or its duly authorized agent may issue a written order
by certified mail, return receipt requested, to such person conducting such activity or
maintaining such facility or condition to cease such activity immediately or to correct
such facility or condition. The agency shall send a copy of such order to any affected
water company by certified mail, return receipt requested. 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. Any affected
water company may testify at the hearing. 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, return receipt requested, 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a revised order is in effect, or that the order has been withdrawn.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 commissioner
may issue orders pursuant to sections 22a-6 to 22a-7, inclusive, concerning an activity,
facility or condition which is in violation of said sections 22a-354o to 22a-354t, inclusive, or section 14 of public act 89-305* if the municipality in which such activity,
facility or condition is located has failed to enforce its aquifer protection regulations.
(b) Any person who commits, takes part in, or assists in any violation of any provision of sections 22a-354o to 22a-354t, inclusive, or section 14 of public act 89-305* or
any ordinance or regulation promulgated by municipalities 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 municipality, district or person bringing such action.
(c) Any person who wilfully or knowingly violates any provision of sections 22a-354o to 22a-354t, inclusive, or section 14 of public act 89-305* 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.
(P.A. 89-305, S. 12, 32.)
*Note: Section 14 of public act 89-305 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.