With majority vote on Dec. 14, Branford became the eighth town in the state with a town ordinance prohibiting the storage, disposal or treatment of hazardous fracking waste.

The ordinance was passed by a vote of 21 to six, with one abstention, during the Dec. 14 Representative Town Meeting (RTM). The ordinance was first shepherded through the RTM Rules & Ordinances (R&O) Committee for about two years, with the committee voting 5-1 to recommend it to the full RTM. Voting against the ordinance in committee was Rep. John Leonard, (R, District 5).

On Dec. 14, Leonard said that, while he was not in favor of fracking waste coming to Branford, he felt a town ban was “unnecessary.”

Leonard said the oversight on prohibiting fracking waste lies in the purview of state legislators and with the Dept. of Energy and Environmental Protection (DEEP). Currently, Connecticut is in the midst of a moratorium banning fracking waste activities. The moratorium, established July 1, 2014, requires DEEP to submit regulations to the legislature’s Regulations Review Committee between July 1, 2017 and July 1, 2018.

“My belief is we enact ordinances and legislation at the appropriate level of government, and this one rests, I believe, where it currently is,” said Leonard. “I share the concern, but I continue to believe that what I see is an unnecessary ordinance, which provides an illusory benefit. It helps no one.”

Leonard suggested concerned residents instead “...continue to lobby legislators, lobby the DEEP, lobby the governor,” adding “... our local legislators have assured us they’re on top of the situation.”

During the discussion, it was pointed out that both State Rep. Lonnie Reed (D, District 102) and State Senator Ted Kennedy Jr. (D, District 12), who are strong environmental champions, were confident that state legislators were continuing to address the issue at state legislative level and that a local ordinance was not needed. However, R & O Committee member James Walker (R, District 2), disagreed with Leonard’s assessment.

“We have very fine state representatives and senators who will certainly work along these lines, but I think what we have here is critically important,” said Walker. “It should be passed. Our ground water is precious. To me, it’s a public health issue...we need to be in the forefront.”

In urging the RTM to vote for the ordinance, resident Richard Hill said, “Another town passing an ordinance like this is a way to send a message to the state,” said Hill. “If you want to function at the state level, let’s function as Branford... by passing this ordinance, we (are) not only one person sending a letter to a commission at the state level, but a whole community saying, ‘There are 30,000 people here who don’t want fracking.’ I think that sends a bigger message to the state, that a town council will come together and act on behalf of its citizens.”

Rep. Louis Diserio (R, District 4) said he felt the RTM should delay the vote until the state could give more direction to the town about fracking waste.

“If we decide to do something, does the state supersede us? Who’s going to enforce the laws about fracking – how do we identify trucks? I think we do need more direction, and that’s why many towns have not passed the rules yet,” said Diserio.

R&O member Rep. Chris Sullivan (D, District 6) said the ban prohibits fracking waste as applications on town roads or as de-icer fluids, or into waste treatment plants or solid waste facilities, but more importantly prohibits storage, sale, acquisition and handling of the waste by commercial concerns in Branford. While the region doesn’t have the geology to support fracking, Sullivan noted the amount of fracking waste from just one well is equal to 3.5 million gallons, and that commericial fracking wells are located as close as four and half hours west of Branford.

“It’s not a long haul for them to ship waste here,” said Sullivan.

Sullivan said the ordinance is written so as to “not be in conflict with the state,” should similar laws come on-line statewide. He also said vetting of the ordinance language by town counsel confirmed the RTM has the authority and ability to pass the ordinance and that there would be “...no standing or grounds to sue the town” because the ordinance is being done pro-actively, “as a preventative measure.” Sullivan said there have been lawsuits against fracking bans, but no suits brought against fracking waste bans.

The RTM voted after discussion and reading more than 15 letters, most in favor of the ordinance. RTM Moderator Dennis Flanigan (R, District 5) also noted the receipt of a petition with more than 300 signatures from residents in favor of the ordinance. Several residents also turned out to speak at the meeting, with most in favor of passing the ordinance. Some proponents said they didn’t want to rely on the state moratorium being continued, especially as a continuing state budget deficit looms and the potential exists to generate revenue by allowing fracking concerns to dispose of waste or store it in Connecticut.

Rep. Jennifer Zambrano (R, District 1) said listening to input during the Dec. 14 meeting had clinched her vote in favor of the ordinance.

“I was going to vote this down because of [Reed and Kennedy] being in favor of not voting for the ordinance,” said Zambrano. But, she said, “listening to people” is her job and she would instead vote in favor of the ban, with the caveat that she would urge supporters of the Branford ordinance to “...send their letters to Hartford... get them to listen, get their heads turned, also.”

R&O chairman Rep. Robin Sandler (R, District 7) supported the ordinance and said it was a matter of taking a position.

“I don’t think there’s anything wrong on taking a position on something that’s important to all of us,” Sandler said. “Sometimes we have to speak out, even if it’s just to let our government officials know how concerned we are about what’s going on in the world.”