Section 16-324. Enforcement


Latest version.
  • a. Any person who violates this chapter, except
      subdivision h of  section  16-308  of  this  chapter,  or  any  rule  or
      regulation  promulgated  pursuant  thereto  shall  be liable for a civil
      penalty recoverable in a  civil  action  brought  in  the  name  of  the
      commissioner  or  in  a  proceeding  returnable before the environmental
      control board  in  an  amount  of  twenty-five  dollars  for  the  first
      violation,  fifty  dollars  for  the  second  violation  and one hundred
      dollars for the third and each subsequent violation, provided  that  the
      court  before which such civil action is brought or such board may waive
      the penalty for the first violation upon a  showing  of  good  cause.  A
      person  committing a fourth and any subsequent violation within a period
      of six months shall be classified as a persistent violator and shall  be
      liable  for  a civil penalty of five hundred dollars for each violation.
      For a persistent violation only, except where such violation occurs at a
      building of less  than  nine  dwelling  units,  each  container  or  bag
      containing  solid waste that has not been source separated or placed out
      for collection in accordance with the  regulations  promulgated  by  the
      commissioner  pursuant  to  this  chapter  shall  constitute  a separate
      violation, provided that no more than  twenty  separate  violations  are
      issued  on  a per bag or per container basis during any twenty-four hour
      period. Before issuing any further notice of violations to a  persistent
      violator  after  the fourth violation within a period of six months, the
      commissioner shall  give  such  violator  a  reasonable  opportunity  to
      correct  the  condition  constituting  the  violation.  Any  person  who
      violates subdivision h of section 16-308 of this chapter shall be liable
      for a civil penalty in the amount of two hundred fifty dollars  for  the
      first  violation, one thousand dollars for the second violation within a
      period of twelve months from the first violation, and two thousand  five
      hundred dollars for the third or subsequent violation within a period of
      twelve months from the first violation.
        b. Any notice of violation or notice of hearing for a violation issued
      to the owner or agent of a premises at which a violation of this chapter
      or  any  regulation  promulgated  pursuant  thereto  is  alleged to have
      occurred shall be served by delivering a copy of the notice to the owner
      or agent at both the address maintained in the records of the department
      of buildings and the department of finance. The notice of  violation  or
      notice of hearing may be served by regular mail.