[Adopted 1-3-2017 by Ord.
No. 17-01]
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
of Windsor.
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.
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 by-products resulting from the treatment, processing,
or modification of any of the above wastes.
The Town of Windsor.
(a)Â
The application of natural gas waste or oil waste, whether or not
such waste has received 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)Â
The introduction of natural gas waste or oil waste into any wastewater
treatment facility within or operated by the Town is prohibited.
(c)Â
The introduction of natural gas waste or oil waste into any solid
waste management facility within or operated by the Town is prohibited.
(d)Â
The sale, acquisition, storage, handling, treatment and/or processing
of natural gas waste or oil waste within the Town is prohibited.
(a)Â
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 no materials containing natural gas or oil waste shall
be provided to the Town.
(b)Â
All bids and contracts related to the retention 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 a service.
(c)Â
The following statement, 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 retention 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 for the Town of Windsor. The bid is for bid documents
titled ___________.We hereby certify under penalty of perjury that
no natural gas waste or oil waste will be used by the undersigned
bidder or any contractor, subcontractor, agent or vendor agent in
connection with the bid; nor will the undersigned bidder or any subcontractor,
agent or vendor agent thereof apply any natural gas waste or oil waste
to any road or real property with the Town of Windsor as a result
of the submittal of this bid if selected."
This article shall apply to any and all actions occurring on or after the effective date of this article. The Town is empowered to issue cease and desist orders in case of any violation of the prohibitions and provisions stated above in Sections 9-41 and 9-42. It is further empowered to 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 Windsor. It may impose fines in any amounts it deems necessary with any and all infractions against this article.