impossible demands

Overly Broad Definitions

As worded, "Waste" includes "any liquid." But the problems don't stop there. The definitions don't distringuish between what is harmful and what is not, and don't exclude things like waste from drilling machinery. So even broken pipes and used oil which are sent for recycling are prohibited waste, and when the road leading to the well is repaved, the millings are prohibited waste.

This means steel, concrete and asphalt are all "prohibited." (see details below)

Certification Requirement

The ordinance requires that contractors certify "under penalty of perjury" that the materials they provide do not contain these "prohibited" wastes. But the prohibition is based on WHERE things like steel and aggregate and asphalt ORIGINATE. 

The origin of recycled materials is not tracked, so if there is ANY recycled material which at ANY time was part of an oil well, this material would be in violation.  99% of asphalt is recycled, and US steel has 42% recycled content.

Ban on Sale and Aquisition

The CT ordinance prohibits the "sale" or "acquisition" of any of these wastes.  This prevents businesses which transact, or trade in recyclables or oil derived products, even if none are brought into town.  So all hedge-funds and commodity trading would be prohibited.  More silliness.

In detail: How the ban fails

"Solid Waste"

The EPA defines solid waste as  

  • any garbage or refuse, sludge and other discarded material, resulting from industrial, commercial, mining, and  agricultural operations, and from community activities.  AS WELL AS
  • Any material destined for recycling or reprocessing (see here)

Ordinance "Oil & Gas Waste"

The CT local ordinance prohibits any "Oil Waste" and "Natural Gas Waste" which are defined as:

  • "any liquid or solid waste or its constituents that is generated as a result of [oil or] natural gas extraction activities";  AS WELL AS
  • "any products or byproducts resulting from the treatment, processing, or modification of any of the above wastes"

The Problem

Discarded or abandoned drilling rigs, pipes, drill bits, storage tanks, pumps, valves, etc. are all "solid waste" "generated as a result of extraction activities."

All this steel gets recycled. (see here)

The ordinance BANS "products" resulting from "processing" of the "solid waste" steel.

Because steel is heavily recycled, this effectively bans the use of ANY steel products from automobiles to zippers.

Asphalt, Concrete and even Water have similar problems

We created EPA and DEEP and SRBC and DRBC and many others to decide what can and cannot be recycled safely. Local ordinances which try to second guess this process are a bad idea.