[HISTORY: Adopted by the Rockland County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 6-4-2013 by L.L. No. 2-2013]
This article shall be known as the "Keep Rockland County Safe
from Hydrofracking By-Products Act."
A.Â
The wastewater from the gas and oil extraction process known as "hydraulic
fracturing," or "hydrofracking," is known to contain numerous carcinogenic
chemicals as well as many other hazardous compounds. Unable to treat
this hazardous waste effectively, extractors frequently truck wastewater
to municipal wastewater treatment plants that are unable to effectively
treat and remove many of the hazardous chemicals. Many municipalities
have passed legislation banning hydrofracking wastewater from their
wastewater treatment plants due to the potentially damaging impact
of the waste on the plant infrastructure and equipment and because
the plants are not equipped to adequately treat the waste.
B.Â
Further, the brine from hydrofracking, water that has been trapped
in the shale for thousands of years, is sold to municipalities as
a deicing fluid and to control dust on roadways. In addition to extremely
high levels of sodium, which is hazardous to drinking supplies, this
brine has also been found to contain high levels of radioactive compounds.
Many municipalities have banned the use of hydrofracking brine on
their roads.
C.Â
The Rockland County Legislature believes that the treatment of hydrofracking
wastewater in any (public or private) wastewater treatment plant in
Rockland County should be prohibited and the use of hydrofracking
brine to treat roads should be banned in Rockland County.
As used in this article, the following terms shall have the
meanings indicated:
The physical act of placing or spreading natural gas waste
on any road or real property located within the County of Rockland.
The County of Rockland, New York.
The fracturing of shale formations by man-made fluid-driven
techniques for the purpose of stimulating natural gas or other subsurface
hydrocarbon production.
All geologic or geophysical activities related to the exploration
for or extraction of natural gas or other subsurface hydrocarbon deposits,
including, but not limited to, core and rotary drilling and hydraulic
fracturing.
Any waste that is generated as a result of natural gas extraction
activities, which may consist of water, chemical additives, or naturally
occurring radioactive materials ("NORMs") and heavy metals. Natural
gas waste includes, but is not limited to, leachate from solid wastes
associated with natural gas extraction activities.
A.Â
The introduction of natural gas waste into any wastewater treatment
facility within or operated by the County is prohibited.
B.Â
The sale of natural gas waste within the County is prohibited.
C.Â
The application of natural gas waste on any road or real property
located within the County is prohibited.
A.Â
All bids and contracts related to the purchase or acquisition of
materials to be used to construct or maintain a County road shall
include a provision stating that no materials containing natural gas
waste shall be provided to the County.
B.Â
All bids and contracts related to the retention of services to construct
or maintain a County road shall include a provision stating that no
materials containing natural gas waste shall be utilized in providing
such a service.
The County Executive or, at the County Executive's option,
any department head or commissioner appointed by the County Executive
is authorized to develop policies to ensure County employees are familiar
with the provisions of this article and take such steps as are directed
by the County Executive or such department head or commissioner to
ensure a diligent effort by the County that materials supplied to
the County or used on County roads or property comply with this article.
This section shall not excuse noncompliance by a contractor or vendor
of the County.
This article shall apply to any and all actions occurring on or after the effective date of this article. Any violation of § 253-4 of this article shall be an unclassified misdemeanor punishable by a fine not to exceed $25,000 per violation and/or up to 30 days' imprisonment. Each sale and/or application of natural gas waste shall constitute a separate and distinct violation.
This article shall take effect 60 days after it is filed with
the New York State Department of State.
