Sec.22a-30-14. Monitoring and enforcement

(a) Violations defined. Any person who commits, takes part in, or assists in any violation enumerated herein shall be subject to the penalties and remedies provided in subsection (c) and to such other penalties and remedies as the law may provide. The commissioner may issue a notice of violation if he determines that any person has engaged in or is engaging in any activity not in compliance with these regulations or sections 22a-28 through 22a-35 of the General Statutes. Such activities may include but are not limited to:

(1) Engaging in any regulated activity in any wetland without having obtained a permit from the commissioner;

(2) Not complying with the conditions or limitations placed on a permit;

(3) Exceeding the scope of work set forth in an application;

(4) Not complying with the terms and conditions set forth in an application;

(5) Obtaining a permit through deception or through inaccurate information as to either the activity or its environmental impact.

(b) Notice of violation. The notice of violation shall describe the nature of the violation, the section or sections of the statutes or these regulations with which the person is not in compliance, and request appropriate remedial action.

(c) Remedies and penalties for violations. If the commissioner determines that any person has committed, taken part in or assisted in any violation as described in subsection (a) of these regulations he may:

(1) Issue an order, pursuant to section 22a-6 of the General Statutes, or, a cease and desist order, pursuant to section 22a-7 or section 22a-363f of the General Statutes, directing such person to halt any and all regulated activity or other violations, and to take appropriate remedial action, in accordance with the rules of practice of the department, sections 22a-3a-5 and 22a-3a-6 of the Regulations of Connecticut State Agencies;

(2) Revoke or suspend any permit in accordance with subsection (e);

(3) Bring an action for forfeiture and the cost of restoration pursuant to section 22a-35 of the General Statutes;

(4) Seek a temporary or permanent injunction pursuant to section 22a-6(3) and section 22a-35 of the General Statutes;

(5) Institute a suit to recover for damages, costs and expenses pursuant to section 22a-6a of the General Statutes;

(6) Impose a civil penalty pursuant to section 22a-6a of the General Statutes and regulations thereunder;

(7) Cause the bond or other security required pursuant to section 22a-30-13 of these regulations to be forfeited;

(8) Institute other legal remedies provided for by statute;

(d) Application for maintenance of a violation. If any person files an application seeking the commissioner's authorization of an activity which, if unpermitted, would constitute a violation as described in subsection (a) of this section, the commissioner may suspend processing of such application until such violation has been abated and any enforcement action has been finally resolved. In determining whether to suspend processing of such application, the commissioner shall consider whether the activity constituting a violation occurred prior to 1980, interferes with navigation or littoral or riparian rights, or causes adverse impacts to coastal resources as defined by section 22a-93 of the General Statutes, and whether the applicant acquired his property interest in the site of the violation after such violation occurred, is not otherwise liable for the activity as a result of actions taken prior to the acquisition, and did not know and had no reason to know of the violation. The commissioner shall notify the applicant of any suspension of processing of such application and shall consider any arguments raised by the applicant as to why the processing of such application should not be suspended. The commissioner shall include as part of his final decision on such application a finding of whether or not the regulated activity was in violation of section 22a-32 of the General Statutes. If the commissioner determines that such violation has occurred he may:

(1) Deny the permit and refer the application to the office of the attorney general for action pursuant to section 22a-35 of the General Statutes;

(2) Grant the application in part with limitations and conditions and deny it in part, and refer the denied portion of the application to the office of the attorney general for action pursuant to section 22a-35 of the General Statutes;

(3) Grant the application with limitations and conditions;

(4) Institute other legal remedies provided for by statute.

If the commissioner determines that such violation has occurred, a decision to grant a permit for the regulated activity in whole or in part shall not preclude his seeking other applicable remedies listed in subsection (c) or any other remedy concerning the violation available to him at law or in equity. If the commissioner determines that a violation has occurred and if the permit is granted in part and denied in part, the permit shall not be effective until the applicant has, as determined by the commissioner, restored that portion of the wetland for which the permit was denied.

(e) Suspension and revocation. In accordance with section 22a-33 of the General Statutes, the commissioner may suspend or revoke a permit if the commissioner finds that the applicant has not complied with any of the conditions or limitations set forth in the permit or has exceeded the scope of work as set forth in the application. The commissioner may suspend a permit if the permittee fails to comply with the terms and conditions set forth in the application. Such suspension or revocation shall be in accordance with section 4-182 of the General Statutes and 22a-3a-5 of the Regulations of Connecticut State Agencies.

(f) Other remedies not excluded. Nothing in these regulations shall be taken as limiting or excluding such other remedies as are available to the commissioner for the protection of wetlands.

(Effective September 24, 1996)