The purpose of this article is to protect the health, safety,
welfare and property of the residents of the City of Norwalk (hereinafter
the "City") pursuant to the provisions of § 7-148 of the
Connecticut General Statutes, as amended, by prohibiting the waste
associated with drilling and extraction of natural gas and oil from
being used, accepted, received, collected, stored, treated or transferred
for any purpose on any road or real property in the City.
As used in this article, the following terms shall have the
meanings indicated:
APPLICATION
The physical act of placing or spreading natural gas waste
or oil waste on any road or real property located within the City.
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 are 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.
OIL WASTE
A.
Any liquid or solid waste or its constituents that are 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.
This article shall apply to any and all actions occurring on
or after the effective date of this article. In response to a violation
of this article, the City is empowered to:
A. Issue cease and desist orders demanding abatement of the 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 other proper authority.
D. 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 City.
E. Recoup from the offending person(s) or business entity(ies), jointly
and severally, all costs, including expert's, consultant's
and attorney's fees, that it incurs as a result of having to
prosecute or remediate any infraction of this article.
F. Issue citations in the maximum amount permitted under Norwalk City
Code for any violation of this article and seek any other remedies
allowable under the law.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
private 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,
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,
private 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.
In any case where a provision of this article is found to be
in conflict with a provision of any other ordinance or code of the
City, the provision that establishes the higher standard for the protection
of the health, safety, welfare, and property of the residents of the
City shall prevail. In any case where a provision of this article
is found to be in conflict with a provision of any other ordinance
or code of the City, which other ordinance or code establishes a lower
standard for the protection of the health, safety, welfare, and property
of the residents of the City, the provisions of this article shall
be deemed to prevail.
Nothing in this article shall be interpreted to ban the transportation
of any natural gas waste or oil waste on any roadway or real property
within the City.