SECTION 13 ENFORCEMENT | |||||||
13.1 The Agency may appoint an agent or agents to act in its behalf with the authority to inspect property except a private residence, and issue notices of violation or cease and desist orders and carry out other actions or investigations necessary for the enforcement of these regulations. The Agency shall be authorized to seek such necessary court orders as will permit it to inspect land whereon the agency has probable cause to believe that a regulated activity is in progress, and for which no application has been filed. | |||||||
13.2 Application for and as a condition of a permit, the Agency or its agent may make regular inspections, at reasonable hours, of all regulated activities for which an application has been received for permits that have been issued under these regulations. The owner, applicant or their agent shall produce it for inspection by the Agency's representative upon request. | |||||||
13.3 If the Agency or its duly authorized agent finds that any person is conducting or maintaining any activity, facility or condition which is in violation of the Act or these regulations, the agency or its duly authorized agent may: | |||||||
a. Issue a written order by certified mail, return receipt requested, to such person conducting such Activity or maintaining such facility or condition to immediately cease such activity or to correct such facility or condition within a time limit as specified by the agency or its agent. Within ten (10) calendar 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 (10) days of the completion of the hearing notify the person by certified mail that the original order remains in effect, or that the order has been withdrawn. The Agency shall publish notice of its decision in the newspaper having general circulation in the municipality. The original order shall remain in effect until the agency affirm, revises or withdraws the order. The issuance of an order pursuant to this section shall not delay or bar an action pursuant to this section shall not delay or bar an action pursuant to Section 22a-44(b) of the General Statutes, as amended:
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b. Suspend or revoke a permit if it finds that the applicant has not complied with the terms, conditions or limitations set forth in the permit including application plans. Prior to revoking and permit, The Agency shall issue notice to the permittee, by certified mail, return receipt requested, setting forth the facts or conduct which or warrants the intended action. At the hearing the permittee shall be given an opportunity to show that the work is in compliance with the permit and show that any requirements for the retention of the permit have been met. The permittee shall be notified of the Agency's decision to suspend, revoke, or maintain a permit by certified mail within fifteen (15) days of the date of its decision. The Agency may issue such cease and desist orders as are necessary to preserve the issues for hearing.
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c. Issue a notice of violation to such person conducting such activity or maintaining such facility or condition, stating the nature of the violation, the jurisdiction of the Agency, and prescribing the necessary action and steps to correct the violation including, without limitation, halting work in wetlands and watercourses. The Agency may request that the individual appear at the next regularly scheduled meeting of the Agency to discuss the unauthorized activity, and or provide a written reply to the notice or filing a proper application for the necessary permit. Failure to carry our the action(s) directed in a notice of violation may result in issuance of the order provided in Subsection 13.3a of this section or other enforcement proceedings as provided by law.
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