§ 23-1715. Inspection to insure compliance; allocation of enforcement

costs; revocation; civil and criminal penalties.

1. The department shall have continuing responsibility of inspection
to insure compliance with the terms of an environmental safety permit
issued under section 23-1707, of route certification under section
23-1713, and with regard to non-conforming facilities under section
23-1719, all in accordance with the terms of this title. It may do so
either with its own personnel exclusively, or by contract with one or
more of the affected municipalities, utilizing municipal inspection
personnel, or with one or more private firms qualified to monitor
compliance and certify with respect thereto, or by a combination of the
foregoing means as it may by regulation provide.

2. The expense of enforcement of this act, including necessary
training and qualification of municipal fire department personnel under
section 23-1717, shall be allocated by the department and assessed upon
an appropriate basis against the utilities and others subject to the
terms of this title, in order that the administration hereof shall be at
no net expense to the state or any affected municipality, but rather
charged on an allocated basis to the regulated corporations and
individuals subject to the requirements of this title, to be included as
part of the expense related to the furnishing of this form of energy,
and properly to be borne by the users thereof.

3. After notice and upon hearing if requested, the department shall
determine the reasonable cost to the department of its enforcement
responsibilities under this title, including direct costs, contractual
obligations under subdivision one of this section and under section
23-1717, and allocated departmental overhead; and, further, shall assess
said total cost, on an annual basis, against the utilities and others
subject to this title, allocated on the basis of direct costs related to
each of the foregoing, including contractual obligations incurred in
enforcement and training, and allocated departmental overhead charged on
the basis of departmental action required during the year with regard to
the particular utilities and others subject to its administration and
enforcement responsibilities.

4. In the event of the failure of the holder of an environmental
safety permit issued under section 23-1707, of route certification under
section 23-1713, or of a non-conforming facility under section 23-1719
to comply with the terms thereof or the provisions of the rules and
regulations adopted under article 70 of this chapter, the department may
revoke said permit or certificate pursuant to the provisions of article
70 of this chapter and impose upon the holder of such permit or
certificate a civil penalty of up to one thousand dollars for each day
the holder thereof has failed to comply with this title or a permit or
certificate issued hereunder, together with the allocated costs of the
revocation and enforcement proceeding itself.

5. In addition to any civil penalty assessed by the department
pursuant to subdivision four of this section, any person who knowingly
violates any provision of this title, any permit or certificate granted
under this title, or any order, rule, or regulation issued pursuant to
this title, except where such violation is unintentional and technical,
shall be guilty of a class A misdemeanor.