§ 23-1715 — Inspection to insure compliance; allocation of enforcement costs; revocation; civil and criminal penalties

§ 23-1715. Inspection to insure compliance; allocation of enforcement\n costs; revocation; civil and criminal penalties.\n 1. The department shall have continuing responsibility of inspection\nto insure compliance with the terms of an environmental safety permit\nissued under section 23-1707, of route certification under section\n23-1713, and with regard to non-conforming facilities under section\n23-1719, all in accordance with the terms of this title. It may do so\neither with its own personnel exclusively, or by contract with one or\nmore of the affected municipalities, utilizing municipal inspection\npersonnel, or with one or more private firms qualified to monitor\ncompliance and certify with respect thereto, or by a combination of the\nforegoing means as it may by regulation provide.\n 2. The expense of enforcement of this act, including necessary\ntraining and qualification of municipal fire department personnel under\nsection 23-1717, shall be allocated by the department and assessed upon\nan appropriate basis against the utilities and others subject to the\nterms of this title, in order that the administration hereof shall be at\nno net expense to the state or any affected municipality, but rather\ncharged on an allocated basis to the regulated corporations and\nindividuals subject to the requirements of this title, to be included as\npart of the expense related to the furnishing of this form of energy,\nand properly to be borne by the users thereof.\n 3. After notice and upon hearing if requested, the department shall\ndetermine the reasonable cost to the department of its enforcement\nresponsibilities under this title, including direct costs, contractual\nobligations under subdivision one of this section and under section\n23-1717, and allocated departmental overhead; and, further, shall assess\nsaid total cost, on an annual basis, against the utilities and others\nsubject to this title, allocated on the basis of direct costs related to\neach of the foregoing, including contractual obligations incurred in\nenforcement and training, and allocated departmental overhead charged on\nthe basis of departmental action required during the year with regard to\nthe particular utilities and others subject to its administration and\nenforcement responsibilities.\n 4. In the event of the failure of the holder of an environmental\nsafety permit issued under section 23-1707, of route certification under\nsection 23-1713, or of a non-conforming facility under section 23-1719\nto comply with the terms thereof or the provisions of the rules and\nregulations adopted under article 70 of this chapter, the department may\nrevoke said permit or certificate pursuant to the provisions of article\n70 of this chapter and impose upon the holder of such permit or\ncertificate a civil penalty of up to one thousand dollars for each day\nthe holder thereof has failed to comply with this title or a permit or\ncertificate issued hereunder, together with the allocated costs of the\nrevocation and enforcement proceeding itself.\n 5. In addition to any civil penalty assessed by the department\npursuant to subdivision four of this section, any person who knowingly\nviolates any provision of this title, any permit or certificate granted\nunder this title, or any order, rule, or regulation issued pursuant to\nthis title, except where such violation is unintentional and technical,\nshall be guilty of a class A misdemeanor.\n