[HISTORY: Adopted by the Board of Selectmen of the Town of
Woodbridge as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Solid waste regulations — See Ch. 485.
[Adopted 4-11-2018, effective
5-11-2018]
For the purposes of this article, the following terms, phrases,
and words shall have the meanings given here, otherwise clearly indicated
by the context:
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.
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.
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.
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 contaminant;
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 modification of any of the above wastes.
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 by-products resulting from the treatment, processing,
or modifications of any of the above wastes.
The physical act of placing or spreading natural gas waste
or oil waste on any road or real property located within the Town
of Woodbridge.
A.
The application of natural gas waste or oil waste, whether or not
such waste has received beneficial used determination or other approval
for use by the Department of Energy and Environmental Protection ("DEEP")
or any other regulatory body, on any road or real property located
within the Town of Woodbridge for any purpose is prohibited.
B.
The introduction of natural gas waste or oil waste into any wastewater
treatment facility within or operated by the Town of Woodbridge 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 Woodbridge
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 Woodbridge.
A.
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 Town of Woodbridge shall include a provision stating that
no materials containing natural gas or oil waste shall be utilized
in providing such a service.
B.
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 Town of Woodbridge shall
include a provision stating that no materials containing natural gas
or oil waste shall be provided to the Town of Woodbridge.
C.
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 of Woodbridge 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 of Woodbridge: "We _______ hereby
submit a bid for materials, equipment and/or labor for the Town of
Woodbridge. 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 Woodbridge as a result of the submittal of this bid if
selected."
A.
This article shall apply to any and all actions occurring on or after
the effective date of this article.
B.
In response to a violation of this article, the Town of Woodbridge
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 resulting of any violation of this article;
(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 Woodbridge.
C.
The Town of Woodbridge may recoup from the offending person(s), jointly
and severally, all costs, including experts, consultants and reasonable
attorney's fees, that it incurs as a result of having to prosecute
or remediate any infraction of this article.
D.
Any person who violates this article shall be liable for a fine of
$250 per Connecticut statute. The Town of Woodbridge may also pursue
other penalties as applicable defined in Connecticut General Statutes.
A.
Any designee authorized by the First Selectman of the Town of Woodbridge
may pursue penalties against any person(s) who commits violations
of this article. The involvement of any Town of Woodbridge officials
will not require testing of waste products to determine chemical contents;
this work will be done via contacting Connecticut DEEP or other third-party
analytical laboratories as is current practice of the Town of Woodbridge
for other exposures to potentially hazardous chemical situations.
B.
Any designee authorized by the First Selectman of the Town of Woodbridge
may request the Commissioner of Connecticut DEEP pursue civil penalties
defined by Connecticut General Statutes, as applicable.
If any clause, sentence, paragraph, subdivision, section or
part of this article 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 thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
article or in its application to each person, individual, corporation,
firm, partnership, entity or circumstance directly involved in the
controversy in which such order or judgment shall be rendered. To
further this end, the provisions of this article are hereby declared
to be severable.
Nothing in this article 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 Woodbridge.
