Take Action! Important Update on Greenwich Fracking Waste Ban

ordinance language

TOWN of Greenwich, CONNECTICUT

CODE OF ORDINANCES


Ordinance Prohibiting Waste Associated with Natural Gas and Oil Extraction


xxx-01 Definitions for the Purposes of this Ordinance:

1. For the purposes of this Ordinance, the following terms, phrases, and words shall have the meanings

given here, unless otherwise clearly indicated by the context:

2. "Hydraulic fracturing" shall mean the fracturing of underground rock formations, including shale and

non-shale formations, by manmade fluid-driven techniques for the purpose of stimulating oil, natural gas, or

other subsurface hydrocarbon production.

3. "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.

4. "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.

5. "Natural gas waste" shall mean: 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 gasn 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 byproducts resulting from the treatment, processing, or modification of any of the above wastes.

6. "Oil waste" shall mean: 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 byproducts resulting from the treatment, processing, or modification of any of the above wastes.

7. "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 Greenwich.

8. "Town" shall mean Town of Greenwich.


xxx-02 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 from DEEP (Department of Energy & Environmental

Protection) or any other regulatory body, on any road or real property located within the Town 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 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, transfer, handling, treatment and/or processing of waste from

natural gas or oil extraction is prohibited within the Town.


xxx-03 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 Town:

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 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 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 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 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

Greenwich. 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 Town of Greenwich as a result of the submittal of this bid if selected"


xxx-04 Penalties

1. This Ordinance shall apply to any and all actions occurring on or after the date of enactment of this

Ordinance. In response to a violation of this Ordinance, the Town is empowered to a) issue "Cease and Desist" orders demanding abatement of the violation, b) seek any appropriate legal relief, including immediate injunctive relief, as a result of any violation of this Ordinance; c) file a complaint with any other proper authority; and d) 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. The Town may seek to 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 ordinance. The town may pursue other penalties allowable under state law.

2. Any person who violates this Ordinance shall be liable for a fine of $250 per violation per day, except as

provided in this Section 04.2. The Town shall not impose this fine on an individual resident for the unintentional acquisition, transfer, storage, handling or application of oil waste or natural gas waste on or for property owned or occupied by such resident.


xxx-05 Severability

If any clause, sentence, paragraph, subdivision, section, or part of this local 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 thereof; but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law 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. To further this end, the provisions of this Chapter are hereby declared to be severable.


xxx-06 Transportation

Nothing in this Ordinance shall be interpreted to ban the transportation of any product or by-product described herein on any roadway or real property within the Town.


Referred to Health & Human Services Committee 

Referred to Legislative & Rules Committee

Referred to Land Use Committee

Referred to Public Works Committee


Dated at Greenwich, CT

February 23, 2018


THOMAS J. BYRNE

MODERATOR

CARMELLA C. BUDKINS

TOWN CLERK

The language in the above ordinance is substantively the same that has been used in the most recent five NY counties to pass bans and the most recent 41 out of 42 CT towns to pass bans.  The only differences between the ordinances are the names of the town in the definitions and one town added a collector definition and an extra paragraph about trash collectors.  Greenwich has also changed the part about unwitting homeowner liability.  Click here for a list of all CT towns that have enacted a fracking waste ban as of 4/18.