[HISTORY: Adopted by the Special Town Meeting
of the Town of Griswold as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-24-2017 STM]
A.
The application of natural gas waste or oil waste, whether or not
such waste has received beneficial use determination or other approval
for use by DEEP (Department of Energy & Environmental Protection)
or any other regulatory body, on any road or real property located
within the Town for any purpose is prohibited.
B.
The introduction of natural gas waste or oil waste into any solid
waste facility within or operated by the Town is prohibited.
C.
The introduction of natural gas waste or oil waste into any wastewater
treatment facility within or operated by the Town is prohibited.
D.
The storage, disposal, sale, acquisition, handling, treatment and/or
processing of waste from natural gas or oil extraction activities
is prohibited within the Town.
A.
All bids and contracts related to the purchase or acquisition of
materials to be used to construct or maintain any publicly owned and/or
maintained road or real property within the Town shall include a provision
stating that the materials shall not contain natural gas waste or
oil waste.
B.
All bids and contracts related to the solicitation of services to
construct or maintain any publicly owned and/or maintained road or
real property within the Town shall include a provision stating that
no materials containing natural gas waste or oil waste shall be utilized
in providing such services to the Town.
C.
The following statement, which shall be a sworn statement under penalty
of false statement, shall be included in all bids related to the purchase
or acquisition of materials to be used to construct or maintain any
publicly owned and/or maintained road or real property within the
Town and all bids related to the solicitation of services to construct
or maintain any publicly owned and/or maintained road or real property
within the Town: "We _____ hereby submit a bid for materials, equipment
and/or labor to the Town of Griswold. The bid is for bid documents
titled _____. We hereby certify under penalty of false statement that,
if this bid is selected, no natural gas waste or oil waste will be
used by the undersigned bidder in the performance of the contract.
We further certify that no subcontractor, agent or vendor will be
allowed or permitted to use materials containing natural gas waste
or oil waste."
A.
In addition to any other remedy the Town has in law or equity, the
First Selectman or his/her designee is authorized to issue written
orders ordering any person in violation of this article to cease activities
which do or may violate this article and to desist from the same.
Where such activities cause damage or injury to property within the
Town, whether such property be land, a road, a building, an aquifer,
a well, watercourse or other asset, public or private, the First Selectman
or his/her designee may order such person to remedy the damage or
injury and to restore, at such person's sole cost and expense,
the property to the condition in which it was prior to such damage
or injury. A violation of this article may be punished by a fine not
exceeding $250 per violation, with each day any violation of this
article shall continue constituting a separate offense.
B.
Any person receiving a cease-and-desist or remedial order or fine
from the First Selectman or his/her designee may appeal in accordance
with the citation hearing process set forth in §§ 124-9C
and 124-10 of the Town's Code of Ordinances.
As used in this article, the following terms shall have the
meanings indicated:
- APPLICATION
- The physical act of placing or spreading natural gas waste or oil waste on any road or real property located within the Town of Griswold.
- HYDRAULIC FRACTURING
- The fracturing of underground rock formations, including shale and nonshale formations, by man-made fluid-driven techniques for the purpose of stimulating oil, natural gas, or other subsurface hydrocarbon production.
- NATURAL GAS EXTRACTION ACTIVITIES
- All geologic or geophysical activities related to the exploration for or extraction of natural gas, including, but not limited to, core and rotary drilling and hydraulic fracturing.
- A. Any liquid or solid waste or its constituents, that is generated as a result of natural gas extraction activities, which may consist of water, brine, chemicals, naturally occurring radioactive materials, heavy metals, or other contaminants;
- B. Leachate from solid wastes associated with natural gas extraction activities;
- C. Any waste that is generated as a result of or in association with the underground storage of natural gas;
- D. Any waste that is generated as a result of or in association with liquefied petroleum gas well storage operations; and
- E. Any products or byproducts resulting from the treatment, processing, or modification of any of the above wastes.
- OIL EXTRACTION ACTIVITIES
- All geologic or geophysical activities related to the exploration for or extraction of oil, including, but not limited to, core and rotary drilling and hydraulic fracturing.
- A. Any liquid or solid waste or its constituents that is generated as a result of oil extraction activities, which may consist of water, brine, chemicals, naturally occurring radioactive materials, heavy metals, or other contaminants;
- B. Leachate from solid wastes associated with oil extraction activities; and
- C. Any products or byproducts resulting from the treatment, processing, or modification of any of the above wastes.
- TOWN
- The Town of Griswold.
Nothing in this article shall be interpreted to ban the transportation
of any product or byproduct described herein on any roadway through
the Town.
If any provision of this article shall be determined by any
court of competent jurisdiction to be invalid and unenforceable to
any extent, the remainder of this article shall not be affected thereby,
and each provision hereof shall be valid and shall be enforced to
the fullest extent permitted by law.
