Section 16-50u - [Effective 10/1/2024] Enforcement of certificate and standards requirements(a) Each holder of a certificate issued by the council shall comply with such certificate, any condition of such certificate and any other requirements of this chapter. The council shall enforce the provisions of this chapter and compliance with any condition or requirement of a certificate issued by the council.(b) If the council finds that any person has failed to secure a certificate pursuant to this chapter or has failed to comply with any certificate, condition of such certificate or any other requirements of this chapter, the council shall fine such person, order such person to pay restitution or order such person to pay a combination of a fine and restitution. The council may assess civil penalties in an amount not less than one thousand dollars per day for each day of construction or operation in material violation of this chapter, or in material violation of any certificate issued pursuant to this chapter. Civil proceedings to enforce this chapter may be brought by the Attorney General in the superior court for any judicial district affected by the violation. The remedies and penalties in this section shall be cumulative and shall be in addition to any other penalties and remedies available at law, or in equity, to any person.(c) If the council has reason to believe that a violation has occurred for which a civil penalty is authorized pursuant to subsection (b) of this section, the council shall notify the alleged violator by certified mail, return receipt requested, or by personal service. The notice shall include:(1) A reference to any applicable section of this title, council regulation or certificate, or to any condition or requirement of such certificate;(2) A short and plain statement of the matter asserted or charged;(3) A statement of the prescribed civil penalty for the violation; and(4) A statement of the person's right to a hearing.(d) The person to whom the notice is addressed shall have twenty days from the date of receipt of the notice in which to deliver to the council a written application for a hearing. If a hearing is requested, then, after a hearing and upon a finding that a violation has occurred, the council may issue a final order assessing a civil penalty under this section which shall not be greater than the maximum penalty permitted by subsection (b) of this section. If a hearing is not requested, or if such a request is later withdrawn, then the notice shall, on the first day after the expiration of the twenty-day period or on the first day after the withdrawal of the request for hearing, whichever is later, become a final order of the council and the matters asserted or charged in the notice shall be deemed admitted, unless the notice is modified by a consent order before it becomes a final order. A consent order shall be deemed a final order.(e) All hearings under this section shall be conducted in accordance with sections 4-176e to 4-184, inclusive. Any final order of the council assessing a civil penalty shall be subject to appeal under section 4-183. No challenge to any final order of the council that assesses a civil penalty shall be allowed as to any issue that could have been raised by an appeal of an earlier order of the council. Any civil penalty authorized by this section shall become due and payable (1) at the time of receipt of a final order, in the case of a civil penalty assessed in such order after a hearing, (2) on the first day after the expiration of the period in which a hearing may be requested, if no hearing is requested, or (3) on the first day after the withdrawal of a request for hearing.(f) Any civil penalty assessed in a final order of the council under this section may be enforced in the same manner as a judgment of the Superior Court. The council shall deliver the final order to the person found to be in violation by personal service or by certified mail, return receipt requested. After entry of such final order, the council may file a transcript without the payment of costs, in the office of the clerk of the superior court in the judicial district in which such person resides, has a place of business, owns real property, or where any real property that is the subject of the proceedings is located or, if such person is not a resident of the state, in the judicial district of Hartford. Upon such filing, the clerk shall docket the order in the same manner and with the same effect as a judgment entered in the superior court within the judicial district. Upon the docketing, the order may be enforced as a judgment of the court.(g) Such court may grant such restraining orders, and such temporary and permanent injunctive relief, as may be necessary to secure compliance with this chapter and with a certificate issued pursuant to this chapter, including, but not limited to, requiring modifications to the layout of a facility or the installation of noise-dampening materials or equipment to comply with noise level restrictions required pursuant to such a certificate.Conn. Gen. Stat. § 16-50u
(1971, P.A. 575, S. 16; P.A. 73-458, S. 11; P.A. 78-280, S. 2, 127.)
Amended by P.A. 24-0144,S. 8 of the Connecticut Acts of the 2024 Regular Session, eff. 10/1/2024.This section is set out more than once due to postponed, multiple, or conflicting amendments.