| 18 | | - | (1) "Dispose" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any waste into or on any land or water so that such waste, or any constituent of such waste, may enter the environment, be emitted into the air or discharged into any waters of the state; |
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| 19 | | - | |
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| 20 | | - | (2) "Fluid" means any material or substance that flows or moves whether in semisolid, liquid, sludge, gas or any other form or state; |
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| 21 | | - | |
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| 22 | | - | (3) "Gas" means all natural gas, whether hydrocarbon or nonhydrocarbon, including hydrogen sulfide, helium, carbon dioxide, nitrogen, hydrogen, casing head gas and all other fluid hydrocarbons not defined as oil pursuant to this section; |
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| 23 | | - | |
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| 24 | | - | (4) "Hydraulic fracturing" means the process of pumping a fluid into or under the surface of the ground in order to create fractures in rock for exploration, development, production or recovery of oil or gas. "Hydraulic fracturing" does not include the drilling of a geothermal water well or any other well drilled for drinking water purposes; |
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| 25 | | - | |
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| 26 | | - | (5) "Oil" means crude petroleum, oil and all hydrocarbons, regardless of specific gravity, that are in the liquid phase in the reservoir and are produced at the wellhead in liquid form; |
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| 27 | | - | |
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| 28 | | - | (6) "Radioactive materials" means any material, solid, liquid or gas, including, but not limited to, waste that emits ionizing radiation spontaneously; |
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| 29 | | - | |
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| 30 | | - | (7) "Store" means holding waste for a temporary period, at the end of which the waste is treated, disposed of or stored elsewhere; |
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| 31 | | - | |
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| 32 | | - | (8) "Transfer" means to transfer from one vehicle to another or from one mode of transportation to another; |
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| 33 | | - | |
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| 34 | | - | (9) "Treat" means any method, technique or process designed to change the physical, chemical or biological character or composition of any waste, including, but not limited to, the reclaiming or rendering of waste from hydraulic fracturing as suitable for use or reuse; and |
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| 35 | | - | |
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| 36 | | - | (10) "Waste from hydraulic fracturing" means any wastewater, wastewater solids, brine, sludge, drill cuttings or any other substance generated secondarily to the purpose of hydraulic fracturing. |
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| 37 | | - | |
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| 38 | | - | (b) No person may store, treat, transfer or dispose of waste from hydraulic fracturing, including, but not limited to, the discharge of wastewaters into or from a pollution abatement facility, until the Commissioner of Energy and Environmental Protection adopts regulations, in accordance with the provisions of chapter 54 of the general statutes, to: (1) Eliminate the exemption in the state's hazardous waste management regulations, adopted pursuant to subsection (c) of section 22a-449 of the general statutes, for any wastes identified in 40 CFR 261.4(b)(5) and to provide that 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; and (2) ensure that any radioactive materials that may be present in wastes from hydraulic fracturing do not 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. The commissioner shall publish notice of intent to adopt the regulations that are required by this subsection not later than two years after the effective date of this section. |
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| 39 | | - | |
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| 40 | | - | (c) No person may sell, offer for sale, offer, barter, manufacture, distribute or use any product that is derived from or that contains waste from hydraulic fracturing until the regulations that are required pursuant to subsection (b) of this section are adopted. |
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| 41 | | - | |
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| 42 | | - | (d) Notwithstanding the provisions of subsection (b) of this section, the Commissioner of Energy and Environmental Protection may issue a permit to allow a person to treat not more than one thousand gallons of waste from hydraulic fracturing. The commissioner shall prescribe the conditions and requirements for issuance of such permit, including, but not limited to, any requisite fee for issuance of such permit. |
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| 30 | + | (NEW) (j) The Commissioner of Energy and Environmental Protection shall regulate as a hazardous waste any solid waste identified in 40 CFR Part 261.4(b)(5), in accordance with regulations adopted by the commissioner for the management of hazardous waste, pursuant to chapter 445 of the general statutes. Nothing in this subsection shall be construed to affect any person's obligation to comply with any federal or state law, rule or regulation that applies to any solid waste identified in 40 CFR Part 261.4(b)(5). |
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