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CCM Devises Model Ordinance For Towns To Prohibit Hydraulic Fracturing Waste At The Local Level

CCM Devises Model Ordinance For Towns To Prohibit Hydraulic Fracturing Waste At The Local Level

For Immediate Release

Kevin Maloney, 203-710-3486

The Connecticut Conference of Municipalities (CCM) today (Thursday, August 23, 2018) announced that it has developed a model ordinance for towns to prohibit hydraulic fracturing waste at the local level.

This model ordinance, drafted by the law firm of Murtha Cullina with input from CCM staff, CCM-member municipal leaders, and construction industry officials, serves to assist CCM-member communities faced with growing pressures by the Food and Water Watch Association (FWWA) and others to enact an overly expansive ordinance seeking to ban hydraulic fracturing waste. The consequence of the ordinance language that FWWA has been advocating many towns to enact has paralyzed many of them from performing any infrastructure improvements or road projects, effectively chilling the economic development environment for many communities.

“CCM-member leaders have been concerned about this critical issue for some time and worked closely with CCM staff, construction leaders and Murtha Cullina to fashion an acceptable ordinance which will protect towns without any adverse economic development impact locally in any part of the state,” emphasized Joe DeLong, CCM Executive Director.

The model ordinance appropriately prohibits the use, sale and transport of hydraulic fracturing waste without adversely affecting economic development efforts. It also makes several references to state statute that seek to protect municipalities from liabilities related to the enforcement of such an ordinance, leaving the ultimate responsibility for enforcement to the state Department of Energy and Environmental Protection. (DEEP).

Prohibitions include back to top

Specific prohibitions include:

  • No person may collect, receive, store, treat, transfer or dispose of any waste from hydraulic fracturing within the town.
  • No person may sell, offer to sell, offer, barter, manufacture, distribute or use any product for anti-icing, de-icing, pre-wetting or dust suppression that is derived from or contains waste from hydraulic fracturing unless such product is approved for use by the Connecticut DEEP.
  • Nothing is this ordinance is intended to prohibit the use of oil and gas products that may contain waste from hydraulic fracturing as incidental to the necessary use of oil or gas products for road or driveway resurfacing and/or similar construction and/or manufacturing processes, as long as such products are not prohibited for the intended use by the Connecticut DEEP.

CCM recommends that a municipality consult with their municipal attorney before proceeding and enacting a hydraulic fracturing waste prohibition ordinance. The attached model ordinance is a template to help guide local leaders on this critical issue. Each municipality, through the advice of their counsel, can amend and tailor the model ordinance to meet their respective situation and their particular community needs.