(a) Except as provided in this section, all civil penalties collected for violations of section 22a-250 shall be paid to the Commissioner of Energy and Environmental Protection for deposit in the General Fund. Where an action for such a penalty is initiated by a municipality, fifty per cent of any civil penalty recovered shall be retained by the municipality. Any funds received by any municipality under this section shall be used for the purpose of enforcing the laws and regulations regarding littering and illegal dumping.
(b) At least thirty days prior to a municipality bringing an action claiming a violation of section 22a-250 written notice shall be provided to the Commissioner of Energy and Environmental Protection that the municipality intends to bring such an action. No such action shall be brought if the commissioner notifies the municipality in writing that the commissioner intends to initiate such an action. To be effective, notice by the commissioner shall be sent within thirty days of receipt of the notice by the municipality and action by the commissioner shall be initiated within ninety days of the notice. The notice requirements under this section relate entirely to the relationship between the commissioner and the municipalities. No person other than the commissioner shall have standing to challenge an action on the ground that any notice under this section has or has not been provided and no action claiming a violation of said section 22a-250 shall be defeated on the ground that a municipality failed to notify the commissioner or proceeded after being informed by the commissioner of the commissioner's intent to initiate an action, except on the motion of the commissioner.
(P.A. 92-249, S. 9; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.