[1][HISTORY: Adopted by the Board of Aldermen of the City
of Milford as indicated in article histories. Amendments noted where
applicable.]
[1]
Editor’s Note: Former Ch. 12, which contained provisions
on junk vehicles, adopted Ord. of 8-6-1973, §§ 1, 2 and
4 through 7, was repealed by Ord. of 8-6-1984, § 2.
[Adopted 10-2-2017]
The physical act of placing or spreading natural gas waste
or oil waste on any road or real property located within the City
of Milford.
The City of Milford.
The fracturing of underground rock formations, including
shale and non-shale 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 beneficial use determination or other 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 City 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 City is prohibited.
(c)
The introduction of natural gas waste or oil waste into any solid
waste management facility within or operated by the City 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 City.
(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 City 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 City shall include a provision
stating that no materials containing natural gas or oil waste shall
be provided to the City.
(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
City 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 City:
|
"We __________ hereby submit a bid for materials, equipment
and/or labor for the City of Milford. 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 City of Milford 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 City is empowered
to a) issue cease and desist orders demanding abatement of any violation
of the prohibitions and provisions stated in this article; b) seek
any appropriate legal relief, including immediate injunctive relief,
as a result of any violation of this article; c) file a complaint
with any property authority; and d) require remediation of any damage
to any land, road, building, aquifer, well, watercourse, air quality
or other asset, be it public or private, within the City of Milford.
The City may also impose fines in the amount of $250 per violation
per day for any violation of this article and any other remedies allowable
under the law. The City may recoup from the offending person(s), jointly
and severally, all costs, including, but not limited to, contractors,
experts, consultants and reasonable attorney's fees, that it
incurs as a result of having to prosecute or remediate any infraction
of this article.
If any clause, sentence, paragraph, subdivision, section or
part of this article 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
article 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 article are hereby declared
to be severable.
