As used in this chapter, the following terms
shall have the meanings indicated:
HAZARDOUS WASTE
A.
Any waste which may pose a present or potential
hazard to human health or the environment when improperly treated,
stored, transported, disposed of or otherwise managed;
B.
Any waste which is hazardous within the meaning
of any federal, state or local law, regulation or ordinance, including
but not limited to the Federal Resource Conservation and Recovery
Act, as amended, 42 U.S.C. § 6901 et seq.; or
C.
Substances regulated under the Federal Toxic
Substances Control Act, as amended, 15 U.S.C. § 2601, et
seq.
STREET
Includes avenues, boulevards, highways, roads, alleys, lanes,
viaducts, bridges and the approaches thereto, and all other public
thoroughfares within the territorial limits of the City of Middletown,
excluding therefrom those avenues, boulevards, highways, roads, alleys,
lanes, viaducts, bridges and the approaches thereto maintained and
repaired by the State of Connecticut and/or defined as state highways
by the General Statutes or regulations of the State of Connecticut.
TRUCK
Every vehicle used for the transportation of property, including
motor vehicles and including trailers and semitrailers used for transportation
of property and drawn or propelled by a motor vehicle.
WASTE
Unwanted or discarded substances or materials of any kind,
including solid, liquid, semisolid or contained gaseous materials
or substances, excluding, however, substances referred to in C.G.S.
§ 16a-106.
No person shall transport any quantity of any
type of hazardous waste on any truck on any street located within
the territorial limits of the City of Middletown without first obtaining
a written permit from the Director of Health specifying the route
or routes to be used by said truck, the times during which said transportation
may be made and the type of hazardous waste to be transported on said
truck.
No permit shall be issued for the transportation
of hazardous waste to any destination located within the territorial
limits of the City of Middletown for a purpose which is in violation
of any federal, state or local law, regulation or ordinance.
The route or routes to be traveled, and the
times of such transportation, shall be determined by the Director
of Health, who shall, after consulting with appropriate municipal
officials, consider the following factors in making his decision:
the quantity and type of waste to be transported; the frequency of
the transportation; the size of the transporting vehicle; the nature
and characteristics of the neighborhood through which said streets
pass; the nature and extent of natural resources near said streets;
the accessibility of said street for police, fire and other emergency
vehicles and personnel should spillage of the hazardous waste occur;
the nature and extent of emergency containment and cleanup operations
deemed necessary should a spill occur; the population density of the
areas surrounding said streets; and any other factors deemed necessary
to protect the health, welfare and safety of the citizens of Middletown,
and the activities of the applicant's truck, both before entry into
and after leaving Middletown.
No permit shall be issued for transportation
of hazardous waste on the following streets or portions of streets,
except that any transportation of hazardous waste actually being done
on a regular basis on said streets as of November 16, 1980, in compliance
with all federal, state and local laws, regulations and ordinances
shall be permitted to be continued if no other route is available,
and except that transportation of hazardous waste from a site located
in Middletown shall be permitted on said streets when no other route
is available:
Name of Street
|
Location
|
---|
Berlin Street
|
Entire
|
Bow Lane
|
From Eastern Drive to Bartholomew Road
|
Brooks Road
|
Toll Gate to Maromas Road
|
Cedar Lane
|
Entire
|
Church Street (new)
|
High Street to Pine Street
|
Country Club Road
|
From Higby Road to East Street
|
Crescent Street
|
From South Main St. to Main St. Ext.
|
Cross Street (new)
|
Pine Street to Long Lane Road
|
Daniels Street
|
Entire
|
deKoven Drive (new)
|
Entire
|
Eastern Drive
|
Entire
|
East Main Street
|
From Maple Street to Union Street
|
Farm Hill Road
|
From Newtown Street to Russell Street
|
Higby Road
|
Entire
|
High Street (new)
|
Church Street to Washington Street
|
Hunting Hill Avenue
|
From Newtown Street to Russell Street
|
Laurel Grove Road
|
From Daniels Street to Randolph Road
|
Livingston Road
|
Entire
|
Long Lane
|
From Wadsworth Street to Cross Street
|
Main Street Ext.
|
From Union Street to Route 17 connector
|
Maynard Street
|
Entire
|
Newtown Street
|
From Farm Hill Road to Ridge Road
|
Pease Avenue (new)
|
From Spring Street to Stack Street
|
Randolph Road (new)
|
Laurel Grove to Long Hill Road
|
Reservoir Road
|
From Training Hill Road easterly to end
|
Ridge Road (new)
|
From Russell Street to Newtown Street
|
River Road
|
Entire
|
Russell Street
|
Farm Hill to Ridge Road
|
Silver Street
|
From Eastern Drive to River Road
|
Spring Street (new)
|
From High Street to Pease Avenue
|
Tiger Lane
|
Entire
|
Training Hill Road
|
Entire
|
Union Street (new)
|
From Main Street to River Road
|
Wadsworth Street
|
Long Lane to Laurel Grove Road
|
Walnut Street (new)
|
Maple to River Road
|
Wesleyan Hills Road
|
Entire
|
Westfield Street
|
From Old Mill to Military Road
|
West Street
|
From Wadsworth Street to Butternut Street
|
Applications for permits shall be made to the
Director of Health on forms to be provided by the Director. The application
form shall state thereon that any false statements therein shall be
punishable as provided in the Connecticut General Statutes and that
the information provided on the form will be relied upon by the Director
of Health in making a decision on the application.
A. The Director may require information concerning:
(1) The nature and quantity of the hazardous waste to
be transported;
(2) The names and business and residence addresses of
persons authorized to operate the vehicles;
(3) If the holder of the permit is an individual, the
full name, business telephone number, business address and residence
address of the holder and of the person in charge of the holder's
activities under the permit; if a corporation, the same information
as to each officer, director, statutory agent for service of process
and person in charge of activities under the permit; and if a partnership
or association, the same information as to each partner or associate
and person in charge of the activities under the permit;
(4) The registration number and other identifying information
for each vehicle to be used;
(5) The manufacturer, serial number, weight, length and
other characteristics of the vehicle or vehicles to be used;
(6) The times when transportation is to occur;
(8) The purpose for which hazardous waste is brought to
any destination within the City; and
(9) Any other information necessary to make a decision
on the application for a permit.
B. The Director shall grant or deny the permit within
five working days of receipt of an application containing all required
information. If a permit application is denied, the Director shall
state in writing his reasons for the denial. Each permit shall be
valid for a period of one year. The expiration date shall be stated
on the permit.
C. A permit shall be obtained for each truck to be used,
which permit shall be carried in the truck when transporting hazardous
waste on any street in the City.
D. The Director of Health shall file a copy of each permit
granted with the Police Department and with the Fire Departments in
which any of the streets to be used for the transportation of hazardous
waste are located.
All persons transporting hazardous wastes on any street in the City of Middletown on a regular basis on the effective date of this chapter, including those streets listed in §
171-8 of this chapter, shall, on or before January 2, 1981, file an application with the Director of Health for a permit in accordance with this chapter.
The Director of Health may, based on information
received by him, and shall, upon written application supported by
an affidavit setting forth facts which if true would warrant suspension
or revocation of the permit issued under this chapter, including but
not limited to violations of the permit, hold a hearing to make a
determination as to whether a permit should be suspended or revoked.
A. Written notice of the hearing setting forth the alleged
violation and the time and place of hearing shall be given to the
holder of the permit at least seven days prior to the date scheduled
for commencement of the hearing. The hearing may be continued from
time to time by the Director as the circumstances require. At the
hearing, evidence on which a suspension or revocation of the permit
may be based may be presented. At the hearing, the holder of the permit
may be represented by counsel and may cross-examine witnesses and
present testimony, documentary evidence or other evidence. If requested
to do so, the Director may allow a reasonable time for submission
of written memoranda.
B. Within 10 days of the close of the hearing, or the
date for submission of memoranda, the Director is to make a decision
as to whether or not the permit shall be suspended or revoked. The
decision shall be in writing and a copy shall be mailed by certified
mail or hand delivered to the holder of the permit.
C. Notwithstanding the foregoing, upon the receipt of
information by the Director from which there is cause to believe that
the holder of a permit is transporting hazardous waste on a street
in the City so as to create a danger of immediate injury to any person
or to the public, he shall immediately suspend such permit, which
suspension shall be given in writing. The Director shall schedule
a hearing as soon as practicable. Based on evidence presented at the
hearing, the Director shall make a determination as to whether the
suspension shall be terminated or whether the permit shall be suspended
for a further period time or revoked.
Northeast Utilities and its operating companies,
including Northeast Utilities Service Company and Connecticut Light
and Power, and their agents, independent contractors, lessors or lessees
engaged by them, or one of them in connection with the operations
and maintenance of their electric power generating plant, area work
center or transmission and distribution facilities and normal and
emergency service activities in and around the City of Middletown,
are exempted from compliance with this chapter.
[Added 1-3-2017 by Ord.
No. 01-17]
A. Purpose. The prohibition of oil and gas drilling and extraction wastes
are hereby declared necessary for the protection of the health, property,
safety and welfare of the residents of the City of Middletown pursuant
to C.G.S. § 7-148(c)(7)(H), C.G.S. § 7-148(c)(4)(H);
C.G.S. § 7-148(c)(7)(H)(xi), C.G.S. § 7-148(c)(8),
and § 7-148(c)(7)(H)(ii) as amended.
B.
Definitions. For the purposes of
this section, 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 City
of Middletown.
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.
NATURAL GAS WASTE
1)
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;
2)
Leachate from solid wastes associated with natural gas extraction
activities;
3)
Any waste that is generated as a result of or in association
with the underground storage of natural gas;
4)
Any waste that is generated as a result of or in association
with liquefied petroleum gas well storage operations; and
5)
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.
OIL WASTE
1)
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;
2)
Leachate from solid wastes associated with oil extraction activities;
and
3)
Any products or byproducts resulting from the treatment, processing,
or modification of any of the above wastes.
C. Prohibitions.
(1) 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 and Environmental Protection)
or any other regulatory body, on any road or real property located
within the City for any purpose is prohibited.
(2) The introduction of natural gas waste or oil waste into any wastewater
treatment facility within or operated by the City is prohibited.
(3) The introduction of natural gas waste or oil waste into any solid
waste management facility within or operated by the City is prohibited.
(4) The storage, disposal, sale, acquisition, transfer, handling, treatment,
and/or processing of waste from natural gas or oil extraction is prohibited
within the City.
D. 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 City.
(1) 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 City shall include a provision stating that no materials
containing natural gas or oil waste shall be utilized in providing
such a service.
(2) 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 City shall include a provision
stating that no materials containing natural gas or oil waste shall
be provided to the City.
(3) 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
City 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 City: "We ________ hereby submit a bid for materials, equipment
and/or labor for the City of Middletown. 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, sub-contractor, agent or vendor agent in
connection with the bid; nor will the undersigned bidder or any sub-contractor,
agent or vendor agent thereof apply any natural gas waste or oil waste
to any road or real property within the City of Middletown as a result
of the submittal of this bid if selected."
E. Penalties for offenses. In response to a violation of this section,
the City may 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 City of Middletown. The City may
also impose fines in the amount of $250 per violation per day for
any violation of this section and any other remedies allowable under
the law.