[Adopted 5-21-2013 by L.L. No. 3-2013]
This article shall be known by and may be cited as the "Hydraulic
Fracturing Brine Prohibition Act."
The purpose of this article is to protect the public health,
safety and welfare by providing for the regulation of the use of brine,
as defined herein, on any properties, public roads, parking lots,
sidewalks, streets, or bridges owned or controlled by the Town of
Marbletown.
This article is enacted pursuant to the authority vested in
the Town of Marbletown by the Town Law, Municipal Home Rule Law, General
Municipal Law, Public Health Law, and other applicable laws of the
State of New York.
As used in this article, the following terms shall have the
following meanings:
APPLICATION
The physical act of placing brine on one or more Town roads
or one or more pieces of Town property. Each physical act shall be
deemed separate when the person committing the act stops for any reason
the placement of the brine for any purpose, including but not limited
to stopping a vehicle used in the placement of the brine, stopping
work for any reason, reloading or replacing any material or equipment
necessary to apply the brine.
BRINE
a) production brine; or b) produced waters; or c) flowback;
or d) flowback fluids; or e) hydraulic fracturing fluid; or f) derivatives
of the foregoing, any or all, in liquid or solid form, which are generated
as a result of drilling for, or seeking gas and/or oil in wells including
but not limited to high-volume hydraulic fracturing, as defined herein.
FLOWBACK
Liquids and solids produced during initial completion and
cleanup of the well or cleanup of a well following a refracture or
workover.
FLOWBACK FLUIDS
Liquids and solids produced following drilling and initial
completion and cleanup of the well or cleanup of a well following
a refracture of workover.
HIGH-VOLUME HYDRAULIC FRACTURING
A natural gas and/or oil well stimulation technique consisting
of the injection into the earth of a water and chemical mix with the
intent of increasing the ability to extract natural gas and/or oil
from very tight rock.
HYDRAULIC FRACTURING FLUID
Fluid used to perform hydraulic fracturing and includes the
primary carrier fluid and all applicable additives and derivatives.
PROPERTY
Real property, improved or otherwise, which the Town of Marbletown
owns or controls.
ROADS
Public roads, parking lots, sidewalks, streets, or bridges
owned or controlled by the Town.
TOWN
The Town of Marbletown in the County of Ulster, State of
New York.
No brine shall be applied to or placed upon property or roads
of the Town. In any bid for materials, services, or equipment which
relate to property or road maintenance, improvements, or construction,
the Town in a bid specification or bid document describing the nature
of the services or equipment sought, and any department or division
of the Town, shall expressly state in capitalized, bold font, "THE
PLACEMENT OF BRINE ON ANY ROADS OR PROPERTY OF THE TOWN OF MARBLETOWN
IS UNLAWFUL. ANY BIDDER SHALL FILE A SWORN STATEMENT WITH THEIR BID
THAT NO BRINE AS DEFINED BY LOCAL LAW OF THE TOWN WILL BE SOLD TO
THE TOWN AS PART OF THE BID, OR UTILIZED ON OR PLACED ON ANY PROPERTY
OR ROADS OF THE TOWN OF MARBLETOWN. BIDDERS ARE DIRECTED TO CHAPTER
129 OF THE LAWS OF THE TOWN OF MARBLETOWN FOR THE DEFINITIONS OF BRINE,
PROPERTY, AND ROADS."
The Town Board or, at the Town Board's option and pursuant
to an express delegation by the Town Board, a Town department, commission,
or board, is authorized to develop policies to ensure Town employees
are familiar with this article and take such steps as are directed
by the Town Board or its delegate to ensure a diligent effort by the
Town that materials supplied to the Town or used on Town roads or
property comply with this article. This shall not excuse noncompliance
by a contractor or vendor of the Town.