[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:
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.
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 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.
