Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-12 - Violations and enforcement

Current through July 10, 2024
(a) No person shall
			 violate or cause the violation of any applicable regulation.
(b)
Remedies for violations.
(1) The Commissioner shall designate
			 employees of DEP to be known as enforcement personnel, who shall, acting with
			 or without complaints, conduct investigations and ascertain whether the
			 Commissioner's regulations are being complied with.
(2) Whenever the enforcement personnel
			 determine that any regulation promulgated by the Commissioner has been violated
			 or there has been a failure to comply therewith, they shall make and serve upon
			 the person or persons responsible for the violations or failure a written order
			 specifying the nature of the violation or failure and affording a reasonable
			 period of time for its correction or remedying.
(3) Prior to the issuance of such order, the
			 enforcement personnel shall make reasonable effort in the light of all
			 circumstances to correct the violation or failure of compliance by conference,
			 conciliation and persuasion, as required by statute.
(4) Unless the person or persons against whom
			 an order has been served files a written answer thereto with the Commissioner,
			 within thirty (30) days after the date of service of the order, and requests a
			 hearing thereon, such order shall become final and effective. The answer shall
			 contain a clear and concise statement of the reason or reasons, if any, that
			 the order is claimed to be invalid or insufficient and/or the manner in which
			 the persons filing the answer deem themselves aggrieved by the order. Upon
			 receipt of the answer and request for a hearing, the Commissioner shall
			 schedule the hearing as soon thereafter as is practical before himself or a
			 designated hearing officer to act in his place and stead. The person designated
			 to act as hearing officer shall not have participated in any way in the
			 investigation or other preliminary proceedings preceding the issuance of the
			 order specifying the violation. The hearing shall be open to the public and
			 shall be conducted in the manner provided by statute, to wit: Testimony shall
			 be under oath and recorded stenographically or by a sound-recording device, but
			 strict rules of evidence of courts of law shall not be binding on the hearing
			 officer. True copies of the transcript and of any other record made by or at
			 such hearing shall be furnished a party or any other person requesting them at
			 his own expense. During the course of a hearing, the hearing officer may take
			 appropriate measures to preserve the confidentiality of trade
			 secrets.
(5) Any person who
			 receives a notice that a permit has been denied, revoked or modified, or only
			 conditionally approved may deem the notice a written order of violation under
			 subsection (b) (2) and file a written answer and request for a hearing under
			 subsection (b) (4).
(6) At the
			 conclusion of a hearing held under subsection (b) (4) or (b) (5) and after
			 reviewing the hearing record and the recommendation and report of the hearing
			 officer, if any, the Commissioner shall determine whether the person or persons
			 against whom such order has been issued is violating any regulation of the
			 Commissioner, or has failed to comply with a proper requirement, order, notice,
			 ruling or directive duly issued, or has improperly had a permit denied,
			 revoked, or modified, or conditionally approved, and he shall affirm, modify,
			 reverse or revoke the order, notice or other action complained of as he shall
			 in his discretion determine, and shall so notify such person or persons by
			 certified mail. Any information as to secret processes or methods shall be kept
			 confidential.