[Adopted 9-9-2013 by L.L. No. 2-2013]
A. 
The Legislature finds and determines that hydraulic fracturing is a highly controversial form of mining which uses pressurized fluid to break rock formations and release natural gas that is then collected; and the fluids used in hydraulic fracturing produce a liquid waste product with high levels of salinity, commonly known in the industry as "fracking brine."
B. 
The Legislature further finds and determines that some businesses that perform hydraulic fracturing would like to dispose of such brine by providing it to local governments as a road de-icing agent for use in wintry weather conditions, and the ingredients in fracking brine are different from the rock salt commonly applied to roadways by municipalities prior to and during a winter storm.
C. 
The Legislature further finds and determines that fracking brine contains toxic substances, and many of the chemicals found in fracking brine have been linked to health problems associated with the respiratory system and other organs, and when applied to roadways, fracking brine has the potential to pollute surface water and groundwater.
D. 
The Legislature further finds and determines that the chemicals found in fracking brine cannot be filtered by wastewater treatment facilities and that the introduction of brine into such facilities poses a health risk to County residents.
E. 
The Legislature further finds and determines that it is in the best interests of the residents of Albany County to protect the health and safety of Albany County residents and local drinking water by prohibiting the use of hydraulic fracturing brine on Albany County roadways and properties and prohibiting the introduction of brine into wastewater treatment plants in Albany County.
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 Albany County.
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
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any liquid or solid waste, or its constituents, that is generated as a result of natural gas extraction activities, which may consist of produced and flowback water, drill cuttings, drilling mud, brine, chemicals, naturally occurring radioactive materials, heavy metals or other contaminants;
B. 
Leachate from solid wastes associated with natural gas extraction activities;
C. 
Any liquid waste that is generated as a result of or in association with the underground storage of natural gas;
D. 
Any liquid waste that is generated as a result of or in association with liquefied petroleum gas well storage operations; and
E. 
Any products or by-products resulting from the treatment, processing or modification of any of the above wastes.
A. 
The introduction of natural gas waste into any wastewater treatment facility within or operated within Albany County (hereinafter "County") is prohibited.
B. 
The sale, purchase or acquisition of natural gas waste within the County is prohibited.
C. 
The application of natural gas waste on any road or real property located within the County is prohibited.
A. 
All bids and contracts related to the purchase or acquisition of materials to be used to construct or maintain a County road shall include a provision stating that no materials containing natural gas waste shall be provided to the County.
B. 
All bids and contracts related to the retention of services to construct or maintain a County road shall include a provision stating that no materials containing natural gas waste shall be utilized in providing such a service.
A. 
The Albany County Department of Public Works is hereby authorized, empowered and directed to enforce this article with all subcontractors it engages for road work.
B. 
The Albany County Sewer District is hereby authorized to develop policies to carry out the requirements of this article regarding wastewater treatment facilities.
C. 
The Albany County Department of Public Works and the Albany County Sewer District are authorized to develop policies to ensure that the County employees under their respective supervision are familiar with the provisions of this article and take such steps to ensure a diligent effort by the County that materials supplied to the County or used on roads within the County comply with this article. This subsection shall not excuse noncompliance by a contractor or vendor of the County.
Any violation of § 210-3 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 be effective 90 days subsequent to filing in the Office of the Secretary of State and shall apply to all transactions occurring on or after the effective date of this article.