[HISTORY: Adopted by the Common Council of the City of Middletown 11-3-1980; amended 1-5-1981; 2-2-1981; 2-4-1985; 4-3-1989. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- 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.
- 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.
- 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.
- 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:
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.
The Director may require information concerning:
The nature and quantity of the hazardous waste to be transported;
The names and business and residence addresses of persons authorized to operate the vehicles;
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;
The registration number and other identifying information for each vehicle to be used;
The manufacturer, serial number, weight, length and other characteristics of the vehicle or vehicles to be used;
The times when transportation is to occur;
The proposed routes;
The purpose for which hazardous waste is brought to any destination within the City; and
Any other information necessary to make a decision on the application for a permit.
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.
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.
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.
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.
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.
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]
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.
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:
- 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.
- 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.
- 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.
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.
The introduction of natural gas waste or oil waste into any wastewater treatment facility within or operated by the City is prohibited.
The introduction of natural gas waste or oil waste into any solid waste management facility within or operated by the City is prohibited.
The storage, disposal, sale, acquisition, transfer, handling, treatment, and/or processing of waste from natural gas or oil extraction is prohibited within the City.
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.
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.
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.
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."
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.