Town of Newtown, CT
Fairfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Legislative Council of the Town of Newtown 12-5-2018. 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:
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 Newtown.
HYDRAULIC FRACTURING
The fracturing of underground rock formations, including shale and nonshale formations, by manmade 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 byproducts 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 byproducts resulting from the treatment, processing, or modification of any of the above wastes.
TOWN
The Town of Newtown.
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 & Environmental Protection) or any other regulatory body, on any road or real property located within the Town 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 is prohibited.
C. 
The introduction of natural gas waste or oil waste into any solid waste management facility within or operated by the Town 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.
Provision to be included in bids and contracts related to the construction or maintenance of publicly owned and/or maintained roads or real property within the Town:
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 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 shall include a provision stating that no materials containing natural gas or oil waste shall be provided to the Town.
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 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: "We ________ hereby submit a bid for materials, equipment and/or labor for the Town of Newtown. 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 Newtown as a result of the submittal of this bid if selected."
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 is empowered to a) issue cease and desist orders demanding abatement of the violation, b) seek any appropriate legal relief, including immediate injunctive relief, as a result of any violation of this chapter; c) file a complaint with any other proper authority; and 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 Town of Newtown. The Town may recoup from the offending person(s), jointly and severally, all costs, including experts, consultants and reasonable attorney's 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 the General Statutes. The Town may also pursue other penalties as applicable pursuant to the General Statutes.
Any designee authorized by the Board of Selectmen of Newtown may pursue penalties against any person(s) who commits violations of this chapter. The involvement of any Town of Newtown officials will not require testing of waste products to determine chemical contents, this work will be done via contacting DEEP or other third party analytical laboratories as is current practice in the Town of Newtown for other exposures to potentially hazardous chemical situations. Any designee authorized by the Board of Selectmen may request the Commissioner of CTDEEP pursue civil penalties defined by the 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.
Nothing in this chapter shall be interpreted to ban the transportation of any product or byproduct described herein on any roadway or real property within Newtown.