The Common Council of the City of Buffalo finds, declares and
determines that:
A. The exploration for natural gas, the extraction of natural gas and
the storage, transfer, treatment or disposal of natural gas exploration
and production wastes in the urban environment of Buffalo poses a
significant threat to its residents' health, safety, and welfare;
B. Widespread environmental and human health impacts have resulted from
natural gas exploration and extraction in other areas;
C. If natural gas exploration or extraction or the storage, transfer,
treatment or disposal of natural gas exploration and production wastes
were to occur within the City, this activity would endanger the health,
safety and welfare of City residents through the deposit of toxins
into the air, soil, water, environment, and the bodies of residents
within the City;
D. The protection of residents, neighborhoods, and the natural environment
constitutes the highest and best use of the police and land use powers
that the City possesses.
As used in this chapter, the following terms shall have the
meanings indicated:
CORPORATIONS
For purposes of this chapter, shall include any corporation,
limited partnership, limited-liability partnership, business trust,
or limited-liability company organized under the laws of any state
of the United States or under the laws of any country, and any other
business entity that possesses state-conferred limited-liability status
or protections for its owners, directors, officers, and/or managers.
EXPLORATION
Geologic or geophysical activities related to the search
for natural gas or other subsurface hydrocarbons, including prospecting,
geophysical and geologic seismic surveying and sampling techniques,
which include but are not limited to core or rotary drilling or making
an excavation in the search and evaluation of natural gas deposits.
EXTRACTION
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas or other hydrocarbons.
NATURAL GAS
Any gaseous substance, either combustible or noncombustible,
which is produced in a natural state from the earth and which maintains
a gaseous or rarified state at standard temperature or pressure conditions,
and/or gaseous components or vapors occurring in or derived from petroleum
or other hydrocarbons.
NATURAL GAS EXPLORATION AND PRODUCTION WASTES
Any garbage, refuse, sludge, or other discarded materials,
including solid, liquid, semisolid, or contained gaseous material
that results from the exploration, drilling or extraction of natural
gas.
POLLUTION
The contamination or other degradation of the physical, chemical
or biological properties of land, water or air that will or is likely
to create a nuisance or render such land, water or air harmful, detrimental
or injurious to the public health, safety or welfare, or harmful,
detrimental or injurious to domestic, commercial, industrial, agricultural,
recreational or other beneficial uses, or to wildlife, birds, fish,
or other aquatic life.
No person, firm or corporation shall conduct any exploration
for natural gas; drill any well for natural gas; transfer, store,
treat, or dispose of natural gas exploration or production wastes;
or erect any derrick, building, or other structure or place any machinery
or equipment for such purpose within the territorial boundaries of
the City of Buffalo.
The storage, transfer, treatment and/or disposal of natural
gas exploration and production wastes are hazardous wastes within
the meaning of this Code. No person, firm or corporation shall engage
in the storage, transfer, treatment and/or disposal of natural gas
exploration and production wastes within the territorial boundaries
of the City of Buffalo. No permit issued by any state or federal agency,
commission or board to any person, firm or corporation, which would
violate the prohibitions of this chapter, shall be deemed valid within
the City of Buffalo.
This chapter shall be effective five days after the date of
its enactment, at which point the chapter shall apply to any and all
extractions of natural gas in the City of Buffalo regardless of the
date of any applicable DEC permits.
The provisions of this chapter are severable. If any court of
competent jurisdiction decides that any section, clause, sentence,
part, or provision of this chapter is illegal, invalid, or unconstitutional,
such decision shall not affect, impair, or invalidate any of the remaining
sections, clauses, sentences, parts, or provisions of the chapter.
This chapter shall repeal any prior inconsistent ordinances
contained in the Buffalo City Code purporting to regulate or allow
natural gas extraction or the transport, storage, treatment or disposal
of natural gas exploration or extraction waste.