[HISTORY: Adopted by the Borough Council of the Borough of
Paramus 12-16-2014 by Ord. No.
14-30. Amendments noted where applicable.]
WHEREAS, the hydraulic fracturing (fracking) for natural gas
involves the use of chemicals and hazardous materials during construction,
drilling, hydraulic fracturing, gas production and delivery, well
maintenance, and workover operations; and
WHEREAS, hydraulic fracturing of underground geologic formations
is often accomplished by injecting a complex mix of fluids and chemicals,
including large volumes of water, on average 4.5 million gallons per
well, under very high pressure to create fractures in gas bearing
geologic formations; and
WHEREAS, the US Geological Survey has identified what could
be up to 1.6 trillion cubic feet of gas in New Jersey in the South
Newark Basin and has yet to assess the North Newark Basin, which likely
has trillions of cubic feet of gas as well.
WHEREAS, many of the chemical constituents injected during hydraulic
fracturing have documented adverse health effects and/or adverse environmental
impacts; and
WHEREAS, there have been more than 1,000 documented cases of
water contamination near fracking sites; some people who live near
these sites can now light their drinking water on fire; and
WHEREAS, wastewater from fracking may contain radioactive elements
and other toxic components and has been discharged into rivers that
supply drinking water for millions; and
WHEREAS, Pennsylvania's Department of Environmental Protection
has documented three facilities in New Jersey as accepting waste from
hydraulic fracturing operations, posing a direct threat to New Jersey's
drinking water.
WHEREAS, use of these hydraulic fracturing operations mixed
exposed air, aquifers and adjacent land and surface waters to the
risk of contamination through spills and accidents, open pit storage,
truck transport on roadways, and activities during well development;
and
WHEREAS, Former President George W. Bush's EPA point person
on water now admits fracking should never have been exempted from
regulation; and
WHEREAS, New Jersey's Legislature originally acted to ban
fracking, the case for a ban on fracking is strengthened by a US EPA
report of contaminates associated with fracking being found in an
aquifer in Pavilion Wyoming, and separate incidents involving earthquakes
in Ohio linked to fracking waste disposal using injection wells; and
WHEREAS, wastewater, wastewater solids or sludge, drill cuttings
and/or other by-products from the fracking process are known to contain
toxic levels of contaminants, including unknown quantities of undisclosed
chemical additives used in hydraulic fracturing fluid, as well as
contaminants from sources underground; benzene, naphthalene, formaldehyde,
cadmium, mercury, arsenic, total dissolved solids, and radioactive
material, such as radium, are among the known contaminants; and
WHEREAS, methods of treatment and disposal for fracking waste
do not eliminate the risks that hydraulic fracturing wastewater, wastewater
solids or sludge, drill cuttings and/or other by-products pose to
human health and the environment; and
WHEREAS, A575/S253 passed the New Jersey Legislature in June
2012 with strong bipartisan support, and would prohibit treatment,
discharge, disposal, or storage of waste from hydraulic fracturing
in New Jersey; and
WHEREAS, Governor Christie vetoed A575/S253 in September 2012;
and
WHEREAS, fracking is exempt from important regulations meant
to protect public health and environment, specifically sections of
the Clean Water Act, Clean Air Act, Safe Drinking Water Act, Superfund,
National Environmental Policy Act, Resource Conservation and Recovery
Act; and
WHEREAS, at least five pipeline expansion projects, which will
transport fracked gas, are planned for New Jersey, passing through
densely populated communities like Jersey City and environmentally
sensitive areas in the NJ Highlands and Pinelands, encompassing protected
land paid for and owned by the people of New Jersey to be preserved
as open space to protect water resources; and
WHEREAS, historically 100% of US produced gas has been used
domestically, and now 12% of US produced gas is being exported to
international markets via liquefied natural gas (LNG) terminals, and
25% of gas production has been approved for export through these terminals;
and
WHEREAS, previous decisions to halt the construction of LNG
facilities in New Jersey and off our coast could be reversed to profit
gas companies who can charge six to eight times as much for gas in
Europe and Asia, respectively, as they can in the US; and
WHEREAS, the wise stewardship of our natural resources involves
protection of Paramus' air, water supplies and water resources
for generations to come; and
WHEREAS, protection of Paramus' air, water supplies and
resources is better accomplished by prevention of contamination and
environmental degradation, rather than attempting to clean up contamination
and restoring degraded environments after the fact; and
WHEREAS, under existing State law regulating drilling for oil
and natural gas under N.J.S.A. 12:1M-18 and N.J.S.A. 12:1M-1 et seq.,
a local governing body may ban drilling for natural gas, and exploration
for natural gas beyond the "reconnaissance" phase.
Be it ordained, that on the 16 day of December 2014, that drilling
for natural gas, using the drilling technique of hydraulic fracturing
and exploring for natural gas beyond the reconnaissance phase is prohibited
within Paramus, New Jersey.
