§ 6-49. Liability insurance required to operate landfill; penalty.

(a)

No person shall operate any landfill for the deposit of waste within the city until and unless the person obtains and maintains a policy of liability insurance covering the operation of the landfill and insuring against any liability resulting from contamination of water supplies and such other damage to the environment and other risks, and with such policy amounts and with such insurer, as shall be acceptable to the director of public works and the Lower Naugatuck Valley public health district, in their discretion.

(b)

Any person operating a landfill for the deposit of waste within the city shall provide a copy of the required insurance policy to the director of public works and to the Lower Naugatuck Valley public health district, and shall provide a copy of all renewal policies or evidence of renewal of the insurance policy at least ten (10) days prior to the expiration of the current policy of insurance.

(c)

Upon lapse, nonrenewal or cancellation of the policy of liability insurance required pursuant to this section, all landfill operations at the subject landfill site shall cease until a policy of insurance, in conformity with this section is obtained and a copy thereof is provided to the director of public works and the Lower Naugatuck Valley public health district.

(d)

In addition to any equitable relief available in the courts of the state to enjoin the operation of any landfill in violation of this section, each violation of this section shall subject the offending party, and any knowing accomplice in the violation, to a fine of one hundred dollars ($100.00) for each violation. Each day of operation shall constitute a separate violation, in the case of any continuing violation.

(e)

Accomplices shall include, but not be limited to, any trucking company or hauler of waste into the landfill. In such case, each truckload or container knowingly hauled to or deposited into a landfill in violation of this section shall be a separate violation of this section and shall subject the accomplice to the fines provided herein.

(f)

This section shall not affect or apply to any landfill operation of, or to the deposit of waste under any contract or agreement with the city or any department of the state.

(Ord. No. 496, 4-10-86)