Substitute Senate Bill No. 753
Public Act No. 19-112
AN ACT CONCERNING TH E STATE-WIDE BAN ON FRACKING
WASTE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-472 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) For the purposes of this section:
(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;
(2) "Fluid" means any material or substance that flows or moves
whether in semisolid, liquid, sludge, gas or any other form or state;
(3) "Gas" means all natural gas, whether hydrocarbon or
nonhydrocarbon, including, but not limited to, hydrogen sulfide,
helium, carbon dioxide, nitrogen, hydrogen and casinghead gas;
(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 Substitute Senate Bill No. 753
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for exploration, development, production or recovery of gas, oil and
other subsurface hydrocarbons. "Hydraulic fracturing" does not
include the drilling or repair of a geothermal water well or any other
well drilled or repaired for drinking water purposes;
(5) "Person" means any individual, firm, partnership, association,
syndicate, company, trust, corporation, limited liability company,
municipality, agency or political or administrative subdivision of the
state;
(6) "Radioactive materials" means any material, solid, liquid or gas,
including, but not limited to, waste that emits ionizing radiation
spontaneously;
(7) "Store" means holding waste for a temporary period, at the end
of which the waste is treated, disposed of or stored elsewhere;
(8) "Transfer" means to move from one vehicle to another or to
move from one mode of transportation to another;
(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]
(10) "Waste from hydraulic fracturing" means any wastewater,
wastewater solids, brine, sludge, drill cuttings or any other substance
used for, associated with, or generated secondarily to the purpose of
hydraulic fracturing; [.]
(11) "Natural gas extraction activities" means 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; Substitute Senate Bill No. 753
Public Act No. 19-112 3 of 8
(12) "Oil extraction activities" means 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;
(13) "Natural gas waste" means: (A) Any liquid or solid waste or its
constituents that is generated secondarily as a result of natural gas
extraction activities that may consist of water, brine, chemicals,
naturally occurring radioactive materials, heavy metals or other
contaminants, (B) leachate from solid wastes associated with natural
gas 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 wastes described in this subdivision;
(14) "Oil waste" means: (A) Any liquid or solid waste or its
constituents that is generated secondarily as a result of oil extraction
activities that 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 wastes described in this
subdivision; and
(15) "Apply" means the physical act of placing or spreading natural
gas waste or oil waste on any road or real property in the state.
(b) No person may accept, receive, collect, store, treat, transfer, sell,
acquire, handle, apply, process or dispose of natural gas waste or oil
waste or 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 Substitute Senate Bill No. 753
Public Act No. 19-112 4 of 8
chapter 54, including approval of such regulations by the standing
legislative regulation review committee, to: (1) Eliminate the
exemption in the state's hazardous waste management regulations,
adopted pursuant to subsection (c) of section 22a-449 for the 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
applicable, 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, (2) ensure that any radioactive materials that may be
present in wastes from hydraulic fracturing do not create or will not
reasonably be expected to 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, and (3) require disclosure of the
composition of the waste from hydraulic fracturing. The commissioner
shall not submit regulations authorized by this subsection to the
standing legislative regulation review committee earlier than July 1,
2017, provided the commissioner shall submit such regulations to said
committee not later than July 1, 2018] or the introduction of natural gas
waste or oil waste into any solid waste management facility within or
operated by the state.
(c) [After the adoption of the regulations, including the approval of
such regulations by the legislative regulation review committee,
required by subsection (b) of this section, no] No person shall collect or
transport waste from hydraulic fracturing for receipt, acceptance or
transfer in this state. [unless such person obtains a permit, prior to any
such collection or transport, issued in accordance with the provisions
of section 22a-454. Such permit shall be required even if such collection
or transportation is undertaken by a person whose principal business
is not the management of such wastes. In any such permit the
commissioner shall require, in addition to any other conditions, that
records be maintained concerning the origins and all intermediate and
final delivery points of such wastes from hydraulic fracturing.] Substitute Senate Bill No. 753
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(d) No person may sell, offer for sale, offer, barter, manufacture,
distribute or use any product for anti-icing, de-icing, pre-wetting or
dust suppression that is derived from or that contains natural gas
waste, oil waste or waste from hydraulic fracturing. [until the
commissioner adopts regulations in accordance with the provisions of
chapter 54, including approval of such regulations by the legislative
regulation review committee, authorizing such sale, offer, barter,
manufacture, distribution or use. Such regulations shall either prohibit
any such products or shall contain any conditions that the
commissioner deems necessary to protect human health and the
environment and to ensure that the sale, offer, barter, manufacture,
distribution or use of any such product does not create or will not
reasonably be expected to create a source of pollution to the air, land
or waters of the state. Such conditions may include, but are not limited
to, a written statement to accompany such product indicating that such
product contains or is derived from wastes from hydraulic fracturing.]
(e) In implementing the provisions of this section, the commissioner
shall request of any person information, including, but not limited to,
whether and to what extent an anti-icing, de-icing, pre-wetting or dust
suppression product is or may be derived from or contain natural gas
waste, oil waste or wastes from hydraulic fracturing, where the
materials used to manufacture any such product were obtained, and
the chemical composition of such product or waste from hydraulic
fracturing. If any person fails to provide the information requested by
the commissioner pursuant to this subsection, such failure shall
provide a basis for the commissioner to prohibit the sale, offering for
sale, bartering, manufacturing, distribution or use of such anti-icing,
de-icing, pre-wetting or dust suppression product. [or to not adopt
regulations required pursuant to subsection (b) or (d) of this section, as
applicable.]
(f) Any information acquired by the commissioner under this Substitute Senate Bill No. 753
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section shall be subject to disclosure in accordance with the provisions
of chapter 14.
(g) [Until the adoption of regulations in accordance with subsection
(b) of this section, the] The commissioner may approve, in writing, not
more than three requests to allow a person, who the commissioner
determines to be professionally qualified, to treat natural gas waste, oil
waste or waste from hydraulic fracturing, provided such treatment is
solely for the purpose of conducting research to determine whether
such waste can be treated to make such waste suitable for use or reuse.
The commissioner shall prescribe the form to be used for submitting
any such request, including any information that the commissioner
deems necessary for evaluating any such request. In approving any
such request, the commissioner shall prescribe any conditions or
requirements the commissioner deems necessary to prevent pollution
to the air, land or waters of the state or to protect human health or the
environment and shall include requirements regarding the disposal of
any waste from any such research. [From July 1, 2014, until the
adoption of regulations in accordance with subsection (b) of this
section, no] No person whose request is approved pursuant to this
section shall: (1) Apply for or obtain more than three such approvals
pursuant to this subsection, and (2) treat more than three hundred
thirty gallons of natural gas waste or oil waste or waste from hydraulic
fracturing in accordance with this subsection, regardless of the number
of approvals issued to such person. The commissioner may authorize a
single treatment in excess of such gallon limitation by one person
provided such authorization allows for the treatment of not more than
five hundred gallons of natural gas waste or oil waste or waste from
hydraulic fracturing. For the purposes of this subsection, all natural
gas waste or oil waste or wastes from hydraulic fracturing shall be
considered to be hazardous waste, as defined in section 22a-448,
regardless of the state's incorporation by reference of 40 CFR
261.4(b)(5). Prior to approving any such research request, the Substitute Senate Bill No. 753
Public Act No. 19-112 7 of 8
Commissioner of Energy and Environmental Protection shall adopt
regulations, in accordance with the provisions of chapter 54, including
approval of such regulations by the standing legislative regulation
review committee, to: (A) Eliminate the exemption in the state's
hazardous waste management regulations, adopted pursuant to
subsection (c) of section 22a-449 for the 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 applicable, 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, (B)
ensure that any radioactive materials that may be present in natural
gas waste, oil waste or wastes from hydraulic fracturing do not create
or will not reasonably be expected to 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, (C) require disclosure of
the composition of natural gas waste, oil waste or the waste from
hydraulic fracturing, and (D) provide for the maintenance of records
concerning the origins and all intermediate and final delivery points of
natural gas waste, oil waste or such wastes from hydraulic fracturing.
(h) Any person exploring for oil or gas [on or after the effective date
of regulations required by this subsection] shall register with the
Commissioner of Energy and Environmental Protection on a form
prescribed by him. The commissioner shall adopt regulations in
accordance with the provisions of chapter 54 setting forth (1) standards
for oil and gas exploration and production wells, including, but not
limited to, standards for the abandonment of exploration and
production activities, and (2) the amount of a fee to be paid by
registrants which shall be sufficient to pay the cost of administering
the registration program.
(i) The provisions of this section shall be construed to preempt any
municipal ordinance or act concerning the acceptance, receipt, Substitute Senate Bill No. 753
Public Act No. 19-112 8 of 8
collection, storage, treatment, transfer, sale, acquisition, handling,
application, processing or disposal of natural gas waste or oil waste or
waste from hydraulic fracturing, including, but not limited to, the
discharge of wastewaters into or from a pollution abatement facility.