Town of Wethersfield, CT
Hartford County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Notes
Fracking Ordinance
Created: 2018-05-18

                                                                                        Public Hearing: February 20, 2018

                                                                                                Council Action: PASSED (5-3-0)   

                                                                                                Effective Date: March 11, 2018

                                                                                                Moved By:  Councilor Breton

                                                                                                Seconded By: Councilor Lesser

 

 

CHAPTER 104 - ORDINANCE PROHIBITING NATURAL GAS WASTE AND OIL WASTE FROM NATURAL GAS EXTRACTION ACTIVITIES OR OIL EXTRACTION ACTIVITIES WITHIN THE TOWN

 

Sec. 104-1.    Purpose.

 

The purpose of this ordinance 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.

 

Sec. 104-2.    Definitions.

 

For the purposes of this ordinance, 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:

 

a) "Application" shall mean 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.

 

b) "Hydraulic fracturing" shall mean 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.

 

c) "Natural gas extraction activities" shall mean 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.

 

d) "Natural gas waste" shall mean:  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.

 

e) "Oil extraction activities" shall mean 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.

 

f)   "Oil waste" shall mean:  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.

 

Sec. 104-3.    Prohibitions.

 

1.            The application for any purpose 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 & Environmental Protection) or any other regulatory body, on any road or real property located within the Town is prohibited.

 

2.            The introduction of natural gas waste or oil waste into any wastewater treatment facility within or operated by the Town is prohibited.

 

3.            The introduction of natural gas waste or oil waste into any solid waste management facility within or operated by the Town is prohibited.

 

4.            The storage, disposal, sale, acquisition, handling, transfer, treatment and / or processing of natural gas waste or oil waste from natural gas extraction activities or oil extraction activities is prohibited within the Town.

 

Sec. 104-4.      Bid specifications of the Town related to the construction, repair or maintenance of Town owned and / or maintained roads or real property within the Town.

 

1.            All bids, contracts, or purchase orders related to the retention of services to construct or maintain any publicly owned and / or maintained road or real property within the Town shall include a provision stating that no materials containing natural gas waste or oil waste shall be utilized in providing such a service.

 

2.            All bids, contracts, or purchase orders 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 shall include a provision stating that no materials containing natural gas waste or oil waste shall be provided to the Town.

 

3.            The following statement, which shall be a sworn statement under penalty of perjury, shall be included in all bids, contracts, or purchase orders 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, contracts, or purchase orders 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, contract, or purchase order) for materials, equipment and / or labor for the Town of Wethersfield.  The (bid, contract, or purchase order) for (project).  We hereby certify under penalty or perjury that no natural gas waste or oil waste will be used by the undersigned bidder or any contractor, or sub-contractor, agent or vendor agent in connection with the bid, contract, or purchase order; nor will the undersigned bidder or any contractor or sub-contractor, agent or vendor agent thereof apply any natural gas waste or oil waste to any road or real property within the Town of Wethersfield as a result of the submittal of this (bid, contract, or purchase order).”

 

Sec. 104-5.      Transportation.

 

Nothing in this ordinance shall be interpreted to ban the transportation of any product or by-product described herein on any roadway in or through the Town.

 

Sec. 104-6.        Fines and Penalties.

 

In response to a violation of any provision of Section 104-3 of this ordinance, the Town may impose the following fines and penalties:

 

1.            A fine of two hundred fifty dollars ($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.

 

2.            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.

 

3.            Any and all remedies shall be cumulative and two or more remedies may be exercised at the same time.

 

Sec. 104-7.    Expiration and Exception for Research Activities.

 

This ordinance will expire on the date that Regulations adopted by the Connecticut Department of Energy and Environmental Protection take effect if the Connecticut Department of Energy and Environmental Protection Regulations (1) prohibit all activities enumerated in Section 3 of this ordinance, or (2) regulate the activities enumerated in Section 3 of this ordinance providing that (a) such wastes shall be subject to the state’s hazardous waste management regulations, as set forth in Sections 22a-449(c)-100 to 22a-449(c)-119, inclusive, and Section 22a-449(c)-11 of the regulations of Connecticut state agencies, (b) ensure that any radioactive materials that may be present in wastes from hydraulic fracturing do not create or will not reasonably be expected to create a source of pollution to the air, land or waters of the state and do not otherwise pose a threat to the human health or the environment of this state, and (c) require disclosure of the composition of the waste from hydraulic fracturing.  In the event such regulations do not prohibit or regulate all of the activities enumerated in Section 3, the prohibitions enumerated in Section 3 of this ordinance shall not expire but shall remain in full force and effect.

 

Sec. 104-8.     Severability.

 

The provisions of this ordinance are hereby declared to be severable. If any clause, sentence, paragraph, subdivision, section or part of this ordinance 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 ordinance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this ordinance 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.

 

Sec. 104-9.     Effective Date.

 

This ordinance shall become effective ten (10) days after publication in a newspaper having general circulation within the Town.

 

 

 

 

 

 

Part I: Administrative Legislation
Part II: General Legislation
Appendix
Derivation Table
Disposition List