The Anti-Fracking Waste Ordinance that was approved at the July 10th New Milford Town Council has been reviewed by the Town Attorney and determined to be lawful and consistent with the State and Federal Constitutions.
The New Milford ordinance supplements a state law which created a moratorium on the acceptance of fracking waste until DEEP rolls out regulations. There will then be a registration requirement, but not a ban.
The New Milford ordinance goes further than the State statute and prohibits the use or presence of fracking waste within New Milford. It also requires sworn bid representations from prospective municipal contractors that they will not use fracking waste material in furnishing goods and services to the Town.
There has been concern that fracking waste may be incorporated into road building material or winter treatment solutions.