Town of Clinton, CT
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Clinton 5-17-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 234.
Solid waste — See Ch. 447.
For the purposes of this chapter, 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 Clinton.
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 by-products 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 by-products 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 a 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 Clinton 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 Clinton 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 Clinton 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 Clinton.
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 Clinton 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 Clinton shall include a provision stating that no materials containing natural gas or oil waste shall be provided to the Town of Clinton.
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 Clinton 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 Clinton: "We _____________ hereby submit a bid for materials, equipment and/or labor for the Town of Clinton. 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 Clinton as a result of the submittal of this bid if selected."
A. 
This chapter shall apply to any and all actions occurring on or after the effective date of this chapter. In response to a violation of this chapter, the Town of Clinton 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 chapter;
(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 Clinton.
B. 
The Town of Clinton 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 chapter. Any person who violates this chapter shall be liable for a fine of $250 per Connecticut statute. The Town of Clinton may also pursue other penalties as applicable defined in the Connecticut General Statutes.
Any designee authorized by the First Selectwoman/Selectman of the Town of Clinton may pursue penalties against any person(s) who commit violations of this chapter. The involvement of any Clinton 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 Clinton for other exposures to potentially hazardous chemical situations. Any designee authorized by the First Selectwoman/Selectman of the Town of Clinton may request the Commissioner of the Connecticut DEEP pursue civil penalties defined by the Connecticut General Statutes, as applicable.
If any clause, sentence, paragraph, subdivision, section or part of this chapter 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 chapter 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 chapter are hereby declared to be severable.