Town of North Haven, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of North Haven 6-25-2018 Special Town Meeting. Amendments noted where applicable.]
The purpose of this chapter, to be known as the "Ordinance Prohibiting Wastes Generated from Oil and Gas Drilling and Extraction Activities" or "Hydraulic Fracturing Waste," is to prohibit the use, storage, disposal, sale, acquisition, transfer, handling, treatment, and/or processing of waste from natural gas or oil extraction within the Town of North Haven as set forth herein to protect the health, safety, welfare, and property of the public pursuant to Connecticut General Statutes, § 7-148.
For the purposes of this chapter, the following terms shall have the meanings herein defined:
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 North Haven.
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.
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.
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.
The following acts/activities are hereby prohibited in the Town of North Haven:
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 the Connecticut Department of Energy and Environmental Protection ("CT DEEP") or any other regulatory body, on any road or real property located within the Town for any purpose.
B. 
The introduction of natural gas waste or oil waste into any wastewater treatment facility within or operated by the Town.
C. 
The introduction of natural gas waste or oil waste into any solid waste management facility within or operated by the Town.
D. 
The storage, disposal, sale, acquisition, transfer, handling, treatment and/or processing of waste from natural gas or oil extraction.
A. 
The following provisions shall be included in all bids and contracts related to the retention of services for the construction or maintenance of publicly owned and/or maintained roads or real property within the Town:
(1) 
A provision stating that no materials containing natural gas or oil waste shall be utilized in providing such a service.
(2) 
A provision stating that no materials containing natural gas or oil waste shall be provided to the Town.
B. 
In addition to the above, 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 North Haven. 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 North Haven as a result of the submittal of this bid if selected."
The First Selectman of the Town of North Haven, or his/her designee, is hereby authorized to pursue penalties against any person(s) who commit a violation of this chapter. The involvement of any North Haven officials will not require testing of waste products to determine chemical contents. Such officials may engage the assistance of CT DEEP or third-party testing facilities to determine the chemical contents of any waste products suspected to violate the terms of this chapter.
A. 
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 of North Haven is empowered to:
(1) 
Issue cease-and-desist orders demanding abatement of the violation;
(2) 
Seek any appropriate legal relief, including immediate injunctive relief, as a result of any violation of this chapter;
(3) 
File a complaint with any other proper authority; and
(4) 
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 North Haven.
B. 
The Town of North Haven may recoup from the offending person(s), jointly and severally, all costs, including experts', consultants' and reasonable attorneys' fees, that it incurs as a result of having to prosecute or remediate any violation of this chapter.
C. 
For any violation of this chapter, the Town of North Haven may also impose fines in the amount of $250 per violation per day, or such other amount as is allowed by law, and seek any other remedies allowable under the law.
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 North Haven.
A. 
This chapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this chapter are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law; and where any provision of this chapter imposes restrictions which are different from those imposed by any other ordinance, rule, regulation, or other provision of law, the provision which is more restrictive or imposes greater protective standards for human health and the environment shall control.
B. 
The provisions of this chapter are hereby declared to be severable. If any section, subsection, paragraph, sentence, or clause of this chapter or the application thereof to any person, establishment, or circumstances is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions or application of this chapter.