Wastes from Hydraulic Fracturing ("Fracking Wastes")
On May 21, 2014, the Connecticut legislature passed Public Act No. 14-200, entitled "An Act Prohibiting the Storage and Disposal of Fracking Waste in Connecticut." This Public Act was signed into law by Governor Malloy on June 12, 2014. The act was codified as section 22a-472 in the Connecticut General Statutes ("CGS"), and was amended by the legislature on July 8, 2019 by Public Act No. 19-112. CGS Section 22a-472, as amended, prohibits the receipt, collection, storage, treatment, transfer, selling, acquiring, handling, applying, processing, or disposal of waste from hydraulic fracturing.
CGS Section 22a-472 also prohibits the sale and use in Connecticut of certain road anti-icing, de-icing, pre-wetting and dust suppressant products made from wastes from hydraulic fracturing.
Furthermore, this statute preempts any municipal ordinance or act in Connecticut concerning the acceptance, receipt, 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.
"Wastes from Hydraulic Fracturing" are defined in CGS Section 22a-472 as "wastewater, wastewater solids, brine, sludge, drill cuttings, or any other substance used for, associated, with or generated secondarily to the purpose of hydraulic fracturing." These wastes are commonly referred to as "fracking wastes." Note that this definition does not include wastes from other sources, such as wastes from the drilling or repair of drinking water wells or geothermal wells.
This law first became effective on July 1, 2014. Beginning on this date, the prohibitions described above went into effect concerning the receipt and management of waste from hydraulic fracturing, and the sale and use of road anti-icing, de-icing, pre-wetting and dust suppressant made from such wastes.
If you have any questions about this law, please contact Yvonne Bolton at 860-424-3269 or at yvonne.bolton@ct.gov.
Content last updated on February 4, 2020