[HISTORY: Adopted by the Cayuga County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 12-16-2014 by L.L. No. 7-2014]
It is hereby intended to enact a local law to prohibit specific
uses of waste associated with the exploration, development and production
of oil and natural gas in the County of Cayuga.
As used in this article, the following terms shall have the
meanings indicated:
The physical act of placing brine on one or more roads or
one or more pieces of property located within the County of Cayuga.
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, or loading or replacing
any material or equipment necessary to apply the brine.
Includes any or all of the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any fluid that is returned to the surface via the well bore
following any hydraulic fracturing or other type of well stimulation
treatment.
The fracturing of subsurface rock formations, including shale
and nonshale formations, by man-made fluid-driven techniques for the
purpose or intention of increasing the recovery of natural gas or
other hydrocarbons.
Any fluid used to hydraulic fracturing and oil or natural
gas well, includes the primary carrier fluid and any other additives.
The County of Cayuga.
All activities related to the exploration, development and
production of natural gas or oil.
Includes:
Any liquid or solid waste, or its constituents, that is generated
as a result of natural gas or oil extraction activities, which may
consist of water, brine, chemicals, naturally occurring radioactive
materials ("NORMs"), heavy metals, or other contaminants; and
Leachate from solid wastes associated with natural gas or oil
extraction activities; and
Any waste that is generated as a result of or in association
with the underground storage of natural gas; and
Any waste that is generated as a result of, or in association
with, liquefied petroleum gas well storage operations; and
Any products or by-products resulting from the treatment, processing,
or modification of any of the above wastes.
Liquids separated from oil or natural gas during any phase
of production.
Public or private roads, streets, or bridges located within
the County of Cayuga.
A.
No brine, oil waste or natural gas waste shall be applied to or placed
upon real property or roads located within the County of Cayuga.
B.
The application of brine, natural gas waste or oil waste, whether
or not such waste has received a beneficial use determination pursuant
to 6 NYCRR Part 360, on any road or real property located within the
County of Cayuga for any purpose is prohibited.
C.
The introduction of brine, natural gas waste or oil waste into any
wastewater treatment facility within the County of Cayuga which is
municipally operated, privately operated or operated by the County
of Cayuga is prohibited.
D.
The introduction of brine, natural gas waste or oil waste into any
solid waste management facility within or operated by the County of
Cayuga is prohibited.
E.
The disposal of hydraulic fracturing fluids, brine, flowback water,
natural gas waste, or oil waste within the County of Cayuga is prohibited.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Provisions to be included in bids and contracts related to the
construction or maintenance of publicly owned and/or maintained roads
or real property within Cayuga County:
A.
All bids and contracts related to the purchase or acquisition of
materials to be used to construct or maintain any publicly owned and/or
maintained road or real property within the Cayuga County shall include
a provision stating that no materials containing natural gas waste
or oil waste shall be provided to the County of Cayuga.
B.
All bids and contracts related to the retention of services to construct
or maintain any publicly owned and/or maintained road or real property
within the County of Cayuga shall include a provision stating that
no materials containing natural gas waste or oil waste shall be utilized
in providing such a service.
C.
In any bid for materials, services or equipment which relate to property
maintenance or road improvements or road construction, the municipality,
in a bid specification or bid document describing the nature of the
services or equipment sought, and any agency or division of the municipality,
shall expressly state in capitalized, bold font, the following statement:
THE PLACEMENT OF BRINE, OIL WASTE, OR NATURAL GAS WASTE
ON ANY ROAD OR PROPERTY OF THE COUNTY OF CAYUGA IS UNLAWFUL. ANY BIDDER
SHALL FILE A SWORN STATEMENT WITH THEIR BID THAT NO BRINE, OIL WASTE,
OR NATURAL GAS WASTE AS DEFINED BY LOCAL LAW OF THE COUNTY WILL BE
SOLD TO THE COUNTY AS PART OF THE BID, OR UTILIZED ON OR PLACED ON
ANY PROPERTY OR ROAD OF THE COUNTY OF CAYUGA. BIDDERS ARE DIRECTED
TO COUNTY OF CAYUGA LOCAL LAW NO. 7 FOR THE YEAR 2014 FOR THE DEFINITION
OF BRINE, OIL WASTE, OR NATURAL GAS WASTE.
D.
The following statement, which shall be a sworn statement under penalty
of perjury, shall be included in all bids related to the purchase
or acquisition of materials to be used to construct or maintain any
publicly owned and/or maintained road or real property within the
County of Cayuga and all bids related to the retention of services
to construct or maintain any publicly owned and/or maintained road
or real property within the County of Cayuga:
"We, __________ hereby submit a bid for materials, equipment
and/or labor for the [County/City/Town/Village] of __________. The
bid is for bid documents titled __________________. We hereby certify
under penalty of perjury that no natural gas waste or oil waste will
be used by the undersigned bidder or any contractor, subcontractor,
agent, or vendor agent in connection with the bid; nor will the undersigned
bidder or any subcontractor, agent or vendor agent thereof apply any
natural gas waste or oil waste to any road or real property within
the County of Cayuga as a result of the submittal of this bid if selected."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Chair of the Cayuga County Legislature, the Cayuga County
Administrator, and any department head is authorized to develop policies
to ensure Cayuga County employees are familiar with the provisions
of this article and take such steps as are necessary and appropriate
to ensure that any contractor or vendor doing business with the County
makes a diligent effort to comply with this article. This section
shall not excuse noncompliance by a contractor or vendor within the
County of Cayuga or any municipality or City subdivision within the
territorial limits of Cayuga County.
This article shall apply to any and all actions occurring on or after the effective date of this law. Any violation of § 200-3 of this article shall be an unclassified misdemeanor punishable by a fine not to exceed $100,000 per violation and/or up to 30 days' imprisonment. Each action shall constitute a separate and distinct violation.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any person, individual,
corporation, firm partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, effect or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
article or in its application to the person, individual, corporation,
firm, partnership, entity or circumstance directly involved in the
controversy in which such order or judgment shall be rendered.
This article shall take effect 60 days after it is filed with
the New York State Department of State, in accordance with the provisions
of the Municipal Home Rule of the State of New York.
