[Ord. of 7-10-2017]
(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 and 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 management 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
processing of waste from natural gas or oil extraction activities
is prohibited within the Town.
[Ord. of 7-10-2017]
(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 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 or oil waste shall be utilized
in providing such services to the Town.
(c)
The following representation, which shall be a sworn statement under
penalty of perjury, 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 New Milford. The bid is for bid documents
titled __________. The below named bidder and individual or signatory
signing this on behalf of the bidder hereby certify under penalty
of perjury that, if this bid is selected, no natural gas waste or
oil waste will be used by the undersigned bidder in 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."
[Ord. of 7-10-2017]
In addition to any other remedy the Town has in law or equity,
the Mayor or his/her designee is authorized to issue written orders
ordering any person in violation of this ordinance to cease activities
which do or may violate this ordinance 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 Mayor 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 ordinance may be punished by a fine of $250 per
violation, with each day any violation of this ordinance shall continue
constituting a separate offense. The Town may pursue other penalties,
fines and remedies allowable by law. Any person receiving a cease-and-desist
or remedial order or fine from the Mayor or his/her designee may,
within 15 days of the receipt of a cease-and-desist order, remedial
order or fine, appeal to a three-person Appeal Board composed of the
Director of Health, the Director of Public Works and an elector designated
by the Mayor. Any appeal shall be filed and shall proceed and be conducted
and adjudicated in accordance with the procedure set forth in § 5-22
of the New Milford Code of Ordinances. Any cease-and-desist order,
remedial order or notice of fine shall be sent by certified mail,
return receipt requested, to any address of the violator on file in
the Town of New Milford or State of Connecticut, the street address
of the subject property if a property owner is involved, or the business
address on the violator's forms or correspondence, together with a
duplicate regular mailing of same. Receipt shall be conclusively presumed
to have occurred the third day following the date of mailing, irrespective
of whether the certified mailing is refused or neglected, provided
the regular mailing was timely sent.
[Ord. of 7-10-2017]
As used in this article, the following terms shall have the
meanings indicated:
The physical act of placing or spreading natural gas waste
or oil waste on any road or real property located within the Town.
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.
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;
Leachate from solid wastes associated with natural gas extraction
activities;
Any waste that is generated as a result of or in association
with the underground storage of natural gas;
Any waste that is generated as a result of or in association
with liquefied petroleum gas well storage operations; and
Any products or byproducts resulting from the treatment, processing,
or modification of any of the above wastes.
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.
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;
Leachate from solid wastes associated with oil extraction activities;
and
Any products or byproducts resulting from the treatment, processing,
or modification of any of the above wastes.
The Town of New Milford.
[Ord. of 7-10-2017]
If any clause, sentence, paragraph, subdivision, section or
part of this ordinance 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 article are hereby declared
to be severable.
