[HISTORY: Adopted by the Board of Selectmen of the Town of Guilford as indicated in article histories. Amendments noted where applicable.]
The Town of Guilford desires to restrict hydraulic fracturing waste, as hereinafter defined, within the boundaries of the Town, in order to provide for the health of the inhabitants of the municipality and do all things necessary or desirable to secure and promote the public health in accordance with § 7-148(c)(7)(H)(xi) of the Connecticut General Statutes (C.G.S.); and provide for the protection and improvement of the environment including, but not limited to, coastal areas, wetlands and areas adjacent to waterways in a manner not inconsistent with state statutes and state regulations, in accordance with C.G.S. § 7-148(c)(8)(A).
As used in this chapter, and in accordance with certain provisions of C.G.S. § 22a-472(a) the following terms and phrases shall have the following meanings:
- The physical act of placing or spreading natural gas waste or oil waste on any road or real property located within the Town of Guilford.
- The discharge, deposit, injection, dumping, spilling, leaking or placing of any waste into or on any land or water so that such waste, or any constituent of such waste, may enter the environment, be emitted into the air or discharged into the waters of the state.
- All natural gas, whether hydrocarbon or nonhydrocarbon, including, but not limited to, hydrogen sulfide, helium, carbon dioxide, nitrogen, hydrogen and casing head gas.
- HYDRAULIC FRACTURING
- 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. In accordance with C.G.S § 22a-472(a), "Hydraulic fracturing" does not include the drilling or repair of a geothermal water well or any other well drilled or repaired for drinking water purposes.
- NATURAL GAS EXTRACTION ACTIVITIES
- All geologic or geophysical activities related to the exploration for or extraction of natural gas, including, without limitation, core and rotary drilling any hydraulic fracturing.
- NATURAL GAS WASTE
- The following:
- 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 modifications of any of the above wastes.
- OIL EXTRACTION ACTIVITIES
- All geologic or geophysical activities related to the exploration for or extraction of oil, including, without limitation, core and rotary drilling and hydraulic fracturing.
- OIL WASTE
- The following:
- 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.
- Holding waste for a temporary period, at the end of which the waste is treated, disposed of or stored elsewhere.
- To move from one vehicle to another or to move from one mode of transportation to another.
- Any method, technique or process designed to change the physical, chemical or biological character or composition of any waste, including, but not limited to, the reclaiming or rendering of waste from hydraulic fracturing as suitable for use or reuse.
The application of natural gas waste or oil waste, whether or not such waste has received beneficial use determination, as defined by State Department of Energy and Environmental Protection (DEEP), or other approval for use by DEEP or any other regulatory body, on any road or real property located within the Town of Guilford for any purpose is prohibited, except as such prohibitions are otherwise preempted by federal and state laws, including, without limitation, the provisions of C.G.S. § 22a-472(b) and the regulations DEEP issued in conjunction therewith, as may be adopted from time to time by the State Commissioner of Environmental Protection.
The introduction of natural gas waste or oil waste into any wastewater treatment facility within or operated by the Town of Guilford is prohibited.
The introduction of natural gas waste or oil waste into any solid waste management facility within or operated by the Town of Guilford is prohibited.
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 Guilford, except as such prohibitions are otherwise preempted by federal and state laws, including, without limitation, the provisions of C.G.S. § 22a-472(b) and the regulations issued in conjunction therewith, as may be adopted from time to time by the State Commissioner of Environmental Protection.
The First Selectman of the Town of Guilford shall designate an enforcement officer, who shall be a Town employee and who may pursue penalties against any person who commits violations of this chapter.
Any violation of this Chapter 237 is subject to a municipal citation not to exceed $250, which shall be imposed by the enforcement officer designated by the First Selectman, for each violation of this chapter as provided under C.G.S. § 7-148(c)(10); provided, however, that the violator has been issued a written warning for said violation by the enforcement officer. Each day of violation shall be considered a separate offense and subject to separate citations. The provisions of this section are in addition to and do not supersede any penalties resulting from simultaneous violations of state or federal laws, to the extent permitted by law.
In addition, the Town may issue a cease and desist order and seek whatever additional remedies to which it may be entitled, at law and in equity, to the extent permitted by state and federal laws.
Any person issued a municipal citation pursuant to this Chapter § 237-5 shall be entitled to a hearing to contest the citation. The Town hereby specifically adopts the provisions of C.G.S. § 7-152c for the establishment of a citation hearing process for alleged violations of this chapter. The procedures for notice, hearing, disposition, appeal and enforcement shall be as set forth in C.G.S. § 7-152c. The citation hearing process shall not apply to those violations which are otherwise governed by state statute.
Nothing in this chapter shall be interpreted to ban the transportation of any product or by-product described herein on any roadway or real property within the Town of Guilford.
If any provision of this chapter shall be found with finality by a court of competent jurisdiction to be prohibited by state or federal laws or is held to be unconstitutional, the provisions of such laws or constitution shall prevail and such court order or judgement shall not affect, impair or invalidate the remainder of the chapter. To further this end, the provisions of this chapter are deemed severable. If any provision of this chapter is so found to be invalid or unlawful, the remainder of the chapter shall remain in full force and effect as if such portion found to be invalid or unlawful were not originally part of this chapter.