City of Brighton - File #: ID-207-18

• File #: ID-207-18
• Version: 1
• Type: Ordinance
• Status: Agenda Ready
• File created: 5/24/2018
• In control: City Council
• On agenda: 6/5/2018
• Title: AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ESTABLISHING A TEMPORARY SUSPENSION UNTIL DECEMBER 4, 2018 (OR EARLIER AS MORE PARTICULARLY SET FORTH HEREIN) OF THE ACCEPTANCE, PROCESSING AND APPROVAL OF APPLICATIONS FOR WASTE DISPOSAL INJECTION WELLS DURING THE TERM OF SUCH MORATORIUM; AND DIRECTING THE CITY MANAGER, CITY ATTORNEY, AND STAFF TO CONDUCT SUCH STUDIES AS MAY BE ADVISABLE AND TO CONSULT WITH SUCH AGENCIES, COMMISSIONS, COMPANIES AND CONSULTANTS AS MAY BE PRUDENT, TO DETERMINE WHETHER AND TO WHAT EXTENT MEASURES RELATED TO THE REGULATION OF WASTE DISPOSAL INJECTION WELLS WITHIN AND IN CLOSE PROXIMITY TO THE CITY, SHOULD BE ADOPTED BY THE CITY COUNCIL TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE CITY OF BRIGHTON, AND TO MAKE RECOMMENDATIONS TO CITY COUNCIL AS TO SUCH MATTERS; DECLARING AN EMERGENCY; AND SETTING FORTH OTHER DETAILS RELATED THERETO.

Date	Ver.	Action By	Action	Result
6/5/2018	1	City Council

City Attorney's Office
Reference: WASTE DISPOSAL INJECTION WELL MORATORIUM

To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Philip Rodriguez, City Manager
Prepared By: Matthew Sura, Esq.
Date Prepared: May 24, 2018

PURPOSE
To consider an Emergency Ordinance, establishing a temporary, six-month moratorium within the City of Brighton (until December 4, 2018), to prohibit the City's acceptance, review, processing, or approval during such moratorium, of any application to permit, license, or otherwise approve and entitle for development or operation, any "waste disposal injection well" as defined in the Ordinance; declaring an emergency and setting forth other details related thereto.


STRATEGIC FOCUS
* Recognizable and Well-Planned Community
* Safe, Active, and Engaged Community


BACKGROUND
City Staff have received inquiries and information, related to the possibility of locating industrial waste disposal injection well facilities, in or near the City Brighton. Such underground disposal wells are used by the oil and gas industry (and perhaps other industries), to inject underground, store, and dispose of, fluid waste material and other industrial by-products generated in connection with oil and gas drilling, fracking, and other industrial operations. The exact chemical composition of these fluid waste materials is unknown, but generally the fluid contains oil and gas, by-products and other hydrocarbons, drilling and hydraulic fracturing fluids, and related industrial-grade chemicals and fluid waste.

The Municipal Code does not directly regulate such underground industrial waste storage facilities in (or near) the City, and Staff is understandably concerned. The City's groundwater resources and other watersheds and resources could be put at risk of contamination. Streets and other public infrastructure could be damaged by increased heavy trucking and equipment operations. Air quality could be negatively impacted. Seismic activity has been kno...