[HISTORY: Adopted by the Town Board of the Town of Richmond
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-14-2015 by L.L. No. 9-2015]
This article shall be known by and may be cited as the "Hydraulic
Fracturing Fluids on Town Roads and Property Prohibition Act."
The NYSDEC currently permits the use of produced water from
low-volume hydraulic fracturing operations for road spreading as a
deicer or for dust control if the road spreader obtains a beneficial
use determination (BUD) from the DEC. Moreover, the Revised Draft
Supplemental Generic Environmental Impact Statement on Oil, Gas and
Solution Mining Regulatory Program leaves open the possibility of
spreading produced water from high-volume hydraulic fracturing on
roads pending further study of its radioactive ingredients. The Town
Board is concerned that the application of such waste water, which
contains radioactive materials, upon the roadways and real property
located within the Town of Richmond could pose a health and environmental
risk to our residents, natural resources, water resources, including
Honeoye Lake, and should therefore be prohibited.
As used in this article, the following terms shall have the
following meanings:
The physical act of placing natural gas and oil production
by-products on one or more Town roads or one or more pieces of Town
property. Each physical act shall be deemed a separate violation.
Each time a person stops the placement of natural gas and oil production
by-products for any reason, including but not limited to stopping
a vehicle used in the placement or reloading or replacing of any material
or equipment and then resuming placement shall be deemed a separate
application.
Any refuse, sludge, or other waste materials, whether or not
recycled or reused or intended to be recycled or reused, including
solid, liquid, semisolid, or contained gaseous material that results
from, is associated with or produced as a by-product of the exploration,
drilling or extraction of natural gas and oil and other subsurface
hydrocarbons, including, without limitation, produced waters, flowback,
flowback fluids, hydraulic fracturing fluids, or naturally occurring
radioactive materials (NORMs) and heavy metals.
In this article "natural gas extraction and production wastes
and petroleum extraction and production wastes" does not include emulsified
petroleum products purchased by the Town or Town Highway Superintendent
for the purposes of maintaining or repairing roads via "oil and stone,"
"blacktopping," or similar techniques. Such products are designed
to be used under dry conditions, to set and stabilize stone or aggregate
onto roadways, in such a manner as to properly maintain or restore
the road surface, and to avoid runoff or leaching of this material
into ditches or waterways.
The water brought up from the hydrocarbon-bearing strata
during the extraction of oil and/or gas and can include formation
water, injection water, condensed water and trace amounts of treatment
chemicals.
Any public road, street, or bridge owned, maintained or controlled
by the Town of Richmond.
A.
The application of natural gas extraction and production wastes and
petroleum extraction and production wastes on any Town road or property,
whether as a deicing substance or for any other purpose, is prohibited.
B.
The purchase of natural gas extraction and production wastes and
petroleum extraction and production wastes by any officer, employee
or agent acting on behalf of the Town of Richmond is prohibited.
The Town Board, Superintendent of Highways, and all officers
and employees of the Town shall be familiar with this article and
take such steps as are required to ensure that materials supplied
to the Town or used on Town roads or properties comply with this article.
This shall not excuse noncompliance by a contractor or vendor of the
Town.
This article is enacted pursuant to General Municipal Law § 806,
as well as Municipal Home Rule Law § 10(1)(ii)a(1).
If any section or subsection, paragraph, clause, phrase, or
provision of this article shall be judged invalid or held unconstitutional
by any court of competent jurisdiction, any judgment made thereby
shall not affect the validity of this article as a whole or any part
thereof other than the part or provision so adjudged to be invalid
or unconstitutional.
[Adopted 7-11-2017 by L.L. No. 7-2017]
The purpose of this article is to promote the protection, order,
conduct, safety, health, and well-being of the residents of Richmond
and the lands that lie within the Town's borders by prohibiting
the practice of high-volume hydraulic fracturing, liquified petroleum
gas fracturing ("LPG Fracturing"), which involves the use of gelled
propane and sand, and all unconventional drilling, irrespective of
technology or design, to be used for the purposes of natural gas and/or
petroleum exploration or extraction and all industrial uses associated
therewith, including treatment, storage, and transportation of natural
gas exploration and/or petroleum production wastes.
As used in this article, the following terms shall have the
meanings indicated:
A borehole drilled or being drilled for the purpose of or
to be used subject to permit requirements of § 23-0501 of
the New York State Environmental Conservation Law that is not an unconventional
well, irrespective of technology or design. The term includes, but
is not limited to, wells drilled to produce natural gas from shale
formations, without the use of vertical or nonvertical well bores
stimulated by hydraulic fracture treatments or multilateral well bores
or other techniques to expose more of the formation to the well bore.
The fracturing of shale formations by man-made fluid-driven
techniques for the purpose of stimulating natural gas or other subsurface
hydrocarbon production.
The Honeoye Lake Watershed shall consist of all land, south
of U.S. Route 20A, within the Town of Richmond, abutting Honeoye Lake
or any tributary, gulley, stream, and watercourses which carry runoff
and sedimentation into Honeoye Lake. The most recent U.S. Geological
Survey (USGS) series topographical maps for the Honeoye and Honeoye
Lake quadrangles will be used to determine which properties are affected
by this article. The topographical map will be available to the public
to view.
Fracturing rock at depth through the use of liquefied propane.
Liquefied propane gas (LPG) fracturing involves the pressurization
of propane, a gas at room temperature, until it becomes a gel-like
substance, and then injecting that material into a well. LPG fracturing
is not used as commonly as conventional hydraulic fracturing.
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 and pressure conditions
and/or gaseous components or vapors occurring in or derived from petroleum
or other hydrocarbons.
Geologic or geophysical activities related to the search
for natural gas, petroleum 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,
petroleum, or other subsurface hydrocarbon deposits.
Any solid, semisolid, liquid, semiliquid or gaseous material
used in the exploration or extraction of natural gas.
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons.
The construction, use, or maintenance of a staging yard,
a water or fluid injection station, a water or fluid gathering station,
venting station, or compressor associated with natural gas and/or
petroleum exploration or natural gas and/or petroleum extraction,
or a structure or facility of any kind for the processing, transfer,
disposal or storage of any natural gas and/or petroleum exploration
and production materials or natural gas and/or petroleum production
wastes.
Any garbage, refuse, sludge, or other waste materials, whether
or not recycled or reused or intended to be recycled or reused, including
solid, liquid, semisolid, or contained gaseous material that results
from, is associated with, or produced as a by-product of the exploration,
drilling or extraction of natural gas, oil, and/or other subsurface
hydrocarbons, whether or not recycled or reused or intended to be
recycled or reused, including solid, liquid, semisolid, or contained
gaseous material that results from, is associated with, or produced
in association with the exploration, drilling or extraction of natural
gas, oil, and/or other subsurface hydrocarbons, including, without
limitation, production brine, produced waters, flowback, flowback
fluids or hydraulic fracturing fluids.
A method of drilling vertical or horizontal well bores stimulated
by hydraulic fracture treatments or by using multilateral well bores
or other techniques to expose more of the formation to the well bore
in areas where natural gas generally cannot be produced with conventional
drilling at economic flow rates or in economic volumes.
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location for the primary purpose of load balancing the production
of natural gas. Includes compression and dehydration facilities, and
pipelines.
A.
All high-volume hydraulic fracturing, LPG fracturing and unconventional
drilling, irrespective of technology or design, is prohibited in the
Town of Richmond, Prohibited activities associated with high-volume
hydraulic fracturing, LPG fracturing or unconventional drilling include,
but are not limited to, natural gas and petroleum exploration, natural
gas and petroleum extraction, natural gas and petroleum support activities
and the creation, production, storage, injection and disposal of natural
gas and petroleum exploration wastes.
B.
Conventional and unconventional drilling is prohibited in the Honeoye
Lake Watershed, within the Town of Richmond.
A.
Commercial, industrial and residential natural gas extraction and
storage facilities (including underground natural gas storage) that
do not utilize high-volume hydraulic fracturing, LPG fracturing or
unconventional drilling are permissible and may continue to be operated,
maintained, repaired, replaced, modified, altered, expanded and improved.
B.
Conventional gas wells drilled, deepened, plugged-back or converted
for agricultural, commercial and residential use, that do not use
high-volume hydraulic fracturing, LPG fracturing or unconventional
drilling for natural gas extraction, are permissible and may continue
to be operated, maintained, repaired, replaced, modified, altered,
expanded and improved subject to the New York State Environmental
Conservation Law permit requirements. A copy of all drilling permits
and plans issued in accordance with environmental requirements shall
be filed with the Town's Code Enforcement Officer.
Any person, firm, entity, or corporation who/which shall construct,
erect, enlarge or alter any building or structure in violation of
the provisions of this article, or in any other manner violate the
provisions of this article, shall be subject to the following:
Should the removal of any word, section, clause, paragraph,
sentence, part or provision of this article be declared invalid by
a court of competent jurisdiction, such determination shall not affect
the validity of any other part hereof.
