[HISTORY: Adopted by the Board of Selectmen of the Town of
Guilford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-13-2018]
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.
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.
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.
The following:
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 modifications of any of the above wastes.
All geologic or geophysical activities related to the exploration
for or extraction of oil, including, without limitation, core and
rotary drilling and hydraulic fracturing.
The following:
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 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.
A.
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.
B.
The introduction of natural gas waste or oil waste into any wastewater
treatment facility within or operated by the Town of Guilford is prohibited.
C.
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.
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 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.
A.
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.
B.
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.
