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Doesn’t Have Plenary Power

In Section 173-35 of Old Saybrook’s Wastewater Ordinance, “any person who shall violate any provision of this article or who shall refuse or fail to obey (emphasis added) an order of the director of health or the WPCA [Water Pollution Control Authority] to comply with this article, the Upgrade Program Standards, or any rule or regulation adopted hereunder, shall be subject to a civil penalty of $100 for each day of each violation...”

Oopsie! The town doesn’t have plenary power and therefore can’t grant plenary power to its director of health or the WPCA, in effect bootstrapping itself into a power greater than itself.

Joel Anderson

Old Saybrook