[HISTORY: Adopted by the Town Council of the Town of Stratford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous wastes — See Ch. 118.
[Adopted 11-13-2017 by Ord. No. 17-10]
For the purposes of this article, the following terms, phrases, and words shall have the meanings given here, unless otherwise clearly indicated by the context:
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 Stratford.
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.
NATURAL GAS WASTE
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.
OIL WASTE
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.
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 the Department of Energy and Environmental Protection ("DEEP") or any other regulatory body, on any road or real property located within the Town of Stratford for any purpose is prohibited.
B. 
The introduction of natural gas waste or oil waste into any wastewater treatment facility within or operated by the Town of Stratford is prohibited.
C. 
The introduction of natural gas waste or oil waste into any solid waste management facility within or operated by the Town of Stratford is prohibited.
D. 
The storage, disposal, sale, acquisition, transfer, handling, treatment and/or processing of waste from natural gas or oil extraction is prohibited within the Town of Stratford.
A. 
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 of Stratford shall include a provision stating that no materials containing natural gas or oil waste shall be utilized in providing such a service.
B. 
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 of Stratford shall include a provision stating that no materials containing natural gas or oil waste shall be provided to the Town of Stratford.
C. 
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 of Stratford 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 of Stratford:
"We ____ hereby submit a bid for materials, equipment and/or labor for the Town of Stratford. 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 within the Town of Stratford as a result of the submittal of this bid if selected."
A. 
This article shall apply to any and all actions occurring on or after the effective date of this article.
B. 
In response to a violation of this article, the Town of Stratford is empowered to:
(1) 
Issue "cease and desist" orders demanding abatement of the violation;
(2) 
Seek any appropriate legal relief, including immediate injunctive relief, as a result of any violation of this article;
(3) 
File a complaint with any other proper authority; and
(4) 
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 Stratford.
C. 
The Town of Stratford may recoup from the offending person(s), jointly and severally, all costs, including experts', consultants' and reasonable attorneys' fees, that it incurs as a result of having to prosecute or remediate any infraction of this article.
D. 
Any person who violates this article shall be liable to a fine of $250 per Connecticut General Statutes. The Town of Stratford may also pursue other penalties, as applicable, defined in Connecticut General Statutes.
Any designee authorized by the Mayor of the Town of Stratford may pursue penalties against any person(s) who commits violations of this article. The involvement of any Stratford officials will not require testing of waste products to determine chemical contents. This work will be done via contacting the Connecticut DEEP or other third-party analytical laboratories as is current practice of the Town of Stratford for other exposures to potentially hazardous chemical situations. Any designee authorized by the Mayor of the Town of Stratford may request that the Commissioner of the Connecticut DEEP pursue civil penalties-defined by the Connecticut General Statutes, as applicable.
Nothing in this article shall be interpreted to ban the transportation of any product or byproduct described herein on any roadway or real property within the Town of Stratford.