CGS § 22a-407. (Formerly Sec. 25-116). Violations. Penalty. Injunctions.

Any person who violates any provision of this chapter, any order or permit issued by the commissioner pursuant to this chapter shall forfeit to the state a sum not exceeding one thousand dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense and, in case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon complaint of the commissioner, shall institute an action to recover such forfeiture and to enjoin such violation and require its correction. When a dam is causing, or is about to cause, any condition that will result in, or is likely to result in, imminent and substantial damage to public safety or the environment, or whenever the Governor has proclaimed a civil preparedness state of emergency pursuant to section 28-9 regarding a dam, any injunction issued pursuant to this section may authorize the commissioner to immediately act to discontinue, abate or alleviate such condition by means including, but not limited to, temporary or permanent stabilization or repairs to the dam or any other actions necessary to place the dam in a safe condition, provided the commissioner finds there is either a threat to human life or to property that is property other than the property of the dam owner.

Short History

(1949 Rev., S. 4735; 1957, P.A. 364, S. 24; 1971, P.A. 872, S. 136; P.A. 96-145, S. 8; P.A. 24-94, S. 3.)

Long History

History: 1971 act replaced references to water resources commission with references to environmental protection commissioner; Sec. 25-116 transferred to Sec. 22a-407 in 1983; P.A. 96-145 expanded the range of violations under this chapter, increased the penalty from $500 to $1,000 and expanded the injunctive relief available to the Attorney General under this section; P.A. 24-94 added provision authorizing injunction to provide for immediate action by commissioner to abate the condition, effective June 4, 2024.

Citations

Cited. 41 CA 120.