[HISTORY: Adopted by the Town of Clinton 5-17-2018. Amendments noted where applicable.]
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:
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.
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 by-products 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.
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.
