Conn. Agencies Regs. § 16-345-9 - Assessment of civil penalties
(a) Any person,
excavator, public agency, public utility or the central clearinghouse which the
Authority finds to have violated any provision of Chapter 293 of the
Connecticut General Statutes, or any regulations promulgated thereunder, may be
fined, after notice and opportunity for a hearing as provided in section
16-345-8
of the Regulations of Connecticut State Agencies. In such case, such person,
excavator, public agency, public utility or the central clearinghouse shall
forfeit and pay to the state a civil penalty in accordance with the following
schedule of penalties:
(1) For violations
which do not involve personal injury, death or property damage:
(A) A minimum civil penalty of two hundred
dollars ($200) for a first violation; and
(B) A civil penalty of not more than five
thousand dollars ($5,000) for a second violation and up to the statutory
maximum thereafter;
(2)
For violations which result in property damage:
(A) Where the amount of property damage
sustained is not greater than three thousand dollars ($3,000), a civil penalty
not to exceed twelve thousand dollars ($12,000);
(B) Where the amount of property damage
sustained is greater than three thousand dollars ($3,000), but not more than
twenty thousand dollars ($20,000), a civil penalty not to exceed twenty
thousand dollars ($20,000); and
(C)
Where the amount of property damage sustained is greater than twenty thousand
dollars ($20,000), a civil penalty not to exceed the maximum civil penalty
allowed under Chapter 293 of the Connecticut General Statutes;
(3) For a violation which results
in personal injury or death, a civil penalty not to exceed the maximum civil
penalty allowed under Chapter 293 of the Connecticut General
Statutes;
(4) For any violation
where a person, excavator, public agency or public utility knowingly comes in
contact with an underground public utility facility during the course of an
excavation or demolition and fails to notify the owner of the public utility
facility as soon as possible thereafter, or tampers with or attempts an
unauthorized repair of a damaged utility facility, a civil penalty not to
exceed the maximum civil penalty allowed under Chapter 293 of the Connecticut
General Statutes; and
(5)
Notwithstanding subdivisions (1) to (4), inclusive, of this subsection, the
Authority may assess a civil penalty of up to the maximum civil penalty allowed
under Chapter 293 of the Connecticut General Statutes based upon the degree of
threat to the public safety, the degree of public inconvenience caused as a
result of the violation, or the past history of the violator.
(b) In determining whether to
assess a civil penalty and the amount of civil penalty to be assessed, the
Authority shall take into account the following criteria by way of aggravating
and mitigating factors:
(1) The number and
nature of past violations as well as any previous decisions of the Authority
regarding prior violations;
(2) The
degree of compliance with other requirements of Chapter 293 of the Connecticut
General Statutes, and any regulations promulgated thereunder, especially
notification to the utility in the event of damage. In particular, the
Authority shall consider whether or not the violator has notified the utility
pursuant to the provisions of sections
16-345-4(a)(1)
to
16-345-4(a)(2),
inclusive, and section
16-345-4(f)
of the Regulations of Connecticut State Agencies;
(3) The good faith efforts of the violator to
have complied with the statutes and regulations;
(4) The plans and procedures to ensure
compliance with the statutes and regulations in the future;
(5) The amount of damage caused to
underground facilities;
(6) The
nature and severity of the violation, the degree of threat to the public
safety, and degree of public inconvenience caused as a result of the
violation;
(7) Whether the activity
was performed in the course of business by a person, excavator, public agency
or public utility regularly engaged in such activity;
(8) Circumstances beyond the control of the
violator, including, but not limited to, weather and, for violations based on
the failure to timely mark the approximate location of an underground utility
facility, lack of timely access to the site; and
(9) Such other factors as are in the public
interest.
(c) Where the
Authority has issued a penalty after a hearing, the Authority shall specify the
factors used in determining the penalty by way of mitigation or
aggravation.
Notes
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