Initial Court Proceeding Leads to Next Steps for Broomfield Noise Ordinance

The city and county of Broomfield announced that “On Tuesday, February 3, 2020, Extraction Oil and Gas appeared in Broomfield Municipal Court on six summons and complaints for failure to comply with Broomfield’s noise ordinance on thirteen separate days. The summons and complaints allege that Extraction violated Broomfield’s noise ordinance by continuing to operate at night without providing Broomfield with a modeling study, which would indicate that Extraction could operate within noise limits established by the ordinance.”

Municipal Court Judge Steven Fischer noted the big question: whether or not the Operator Agreement trumps the ordinance.
City and county attorney Sean Sullivan made it clear that communities near and not so near the Livingston operation are being considerably impacted: “This is a significant concern to our community with hundreds of residents complaining about the impact on their health and welfare,” said Sullivan. “We need Extraction to comply with the noise ordinance and we’re asking the courts for a speedy process to bring our community relief.”

The city’s announcement also highlights that “Since the modeling study was due on February 6, 2020, Broomfield has received 228 noise complaints concerning Extraction’s Livingston Pad, near Sheridan Parkway and Lowell Boulevard in Broomfield.”
The motions and arraignment hearing is the next step and is set for March 31, 2020, at 9am.

As noted in the KUNC article, “Broomfield Tried Limiting Oil And Gas Noise. Now A Company Is Pushing Back,” there are residents of Broomfield who have loved living in this community until the industrial oil and gas operations encroached on their lives: “‘Our area is now congested with fracking equipment and all of the problems associated with it,’ wrote an impacted resident who has written to the city 13 times in 2020. ‘I used to Love living in Broomfield. I no longer feel this way.'”

Despite hundreds of residential noise complaints since the fall and the city’s attempts to call for a return to peace and quiet in the community, Extraction claims that they are in compliance with a noise regulation from a previous agreement that was brokered before development began, and they shouldn’t be held to the the unanimously-approved emergency noise ordinance passed in January.
In the meantime, residents impacted by noise and/or vibrations should continue to file reports. Staff for the city has continued to advocate for continued reporting by the residents. The judge stated that any additional citations would be heard on the 31st along with the others.