The purpose of this article is to protect, preserve and promote
public health, safety and welfare and the environment by prohibiting
within the Town of Wethersfield natural gas waste and oil waste from
natural gas extraction activities or oil extraction activities pursuant
to Section 7-148 of the Connecticut General Statutes.
For the purposes of this article, the following words, terms
and phrases shall have the meanings respectively ascribed to them
by this section, except where the context clearly indicates a different
meaning:
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 Wethersfield.
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 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.
OIL WASTE
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.
Nothing in this article shall be interpreted to ban the transportation
of any product or by-product described herein on any roadway in or
through the Town.
In response to a violation of any provision of §
104-3 of this article, the Town may impose the following fines and penalties:
A. A fine of $250 for each separate offense or violation. This provision may be enforced in accordance with the citation procedures of Section 7-152c of the General Statutes and Chapter
73 of the Wethersfield Code.
B. The Town is also authorized to take any other action, or exercise
any other remedy or assess any other fines or penalties as may be
allowed or permitted at law or in equity.
C. Any and all remedies shall be cumulative and two or more remedies
may be exercised at the same time.
The provisions of this article are hereby declared to be severable.
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 of this article, 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.
This article shall become effective 10 days after publication
in a newspaper having general circulation within the Town.