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Ordinance Prohibiting the Storage, Disposal or Use of Waste from Oil and Gas Explorations or Extraction Activities or Any Derivative Thereof in the Town of Clinton, Connecticut
This ordinance shall apply to any and all actions occurring on or after the effective date of this ordinance. In response to a violation of this ordinance, the Town of Clinton is empowered to a) issue “Cease and Desist” orders demanding abatement of the violation, b) seek any appropriate legal relief, including immediate injunctive relief, as a result of any violation of this ordinance; c) file a complaint with any other proper authority; and d) require remediation of any damage done to any land, road, building, aquifer, well, watercourse, air quality or other asset, be it public or private, within the Town of Clinton. The Town of Clinton may recoup from the offending person(s), jointly and severally, all costs, including experts, consultants and reasonable attorney’s fees, that it incurs as a result of having to prosecute or remediate any infraction of this ordinance. Any person who violates this ordinance shall be liable for a fine of $250 per CT Statute. The Town of Clinton may also pursue other penalties as applicable defined in CT General Statutes.
Any designee authorized by the First Selectwoman/Selectman of the Town of Clinton may pursue penalties against any person(s) who commits violations of this ordinance. The involvement of any Clinton officials will not require testing of waste products to determine chemical contents, this work will be done via contacting CT DEEP or other 3rd party analytical laboratories as is current practice of the Town of Clinton for other exposures to potentially hazardous chemical situations. Any designee authorized by the First Selectwoman/Selectman of the Town of Clinton may request the Commissioner of CT DEEP pursue civil penalties defined by CT General Statutes, as applicable.
If any clause, sentence, paragraph, subdivision, section or part of this local law or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, effect or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered. To further this end, the provisions of this Chapter are hereby declared to be severable.