[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."
As used in this article, the following terms shall have the
meanings indicated:
APPLICATION
The physical act of placing or spreading natural gas waste
on any road or real property located within the County of Rockland.
COUNTY
The County of Rockland, New York.
HYDRAULIC FRACTURING
The fracturing of shale formations by man-made fluid-driven
techniques for the purpose of stimulating natural gas or other subsurface
hydrocarbon production.
NATURAL GAS EXTRACTION ACTIVITIES
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.
NATURAL GAS WASTE
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.
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.