[Adopted 5-13-2015 by L.L. No. 2-2015]
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 results in the production of solid and liquid natural gas waste
and oil waste; and
B.
The Legislature further finds and determines that natural gas waste
and oil waste contain toxic substances, radioactive contaminants,
and many of the chemicals found in natural gas waste and oil waste
have been linked to severe health problems associated with the respiratory
system and other organs; and
C.
The Legislature farther finds and determines that the introduction
of natural gas waste and oil waste into solid waste management facilities
poses a serious health risk to County residents; and
D.
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 by prohibiting the introduction
of natural gas waste and oil waste into solid waste management facilities
in Albany County.
As used in this article, the following terms shall have the
meanings indicated:
The fracturing of underground rock formations, including
shale and nonshale formations, by man-made fluid-driven techniques
for the purpose of stimulating oil, natural gas or other subsurface
hydrocarbon production.
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.
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;
Leachate from solid wastes associated with natural gas extraction
activities;
Any liquid waste that is generated as a result of or in association
with the underground storage of natural gas;
Any liquid 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.
All geologic or geophysical activities related to the exploration
for or extraction of oil, including, but not limited to, core and
rotary drilling and hydraulic fracturing.
Any liquid or solid waste or its constituents that is generated
as a result of oil extraction activities, which may consist of water,
brine, chemicals, naturally occurring radioactive materials, heavy
metals or other contaminants.
Leachate from solid wastes associated with oil extraction activities;
and
Any products or by-products resulting from the treatment, processing
or modification of any of the above wastes.
A community-based facility where separated solid waste can
be stored, assembled and prepared for sale or other disposition.
The separation, extraction and recovery of usable materials,
energy or heat from solid waste through source separation, recycling
centers or other programs, projects or facilities.
All materials or substances discarded or rejected as being
spent, useless, worthless or in excess to the owners at the time of
such discard or rejection, including but not limited to garbage, refuse,
industrial and commercial waste, sludges from air or water pollution
control facilities or water supply treatment facilities, rubbish,
ashes, contained gaseous material incinerator residue, demolition
and construction debris and offal, but not including sewage and other
highly diluted water-carried materials or substances and those in
gaseous form.
The purposeful and systematic transportation, storage, processing,
recovery and disposal of solid waste.
Any facility employed beyond the initial solid waste collection
process, including but not limited to recycling centers, transfer
stations, baling facilities, rail haul or barge haul facilities, processing
systems, including resource recovery facilities or other facilities
for reducing solid waste volume, sanitary landfills, plants and facilities
for compacting, comporting or pyrolization of solid waste, incinerators
and other solid waste disposal reduction or conversion facilities.
The introduction of natural gas waste or oil waste into any
solid waste management facility within or operated within Albany County
is prohibited.
Any violation of § 210-10 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 disposal of natural gas waste or oil waste in a solid waste management facility shall constitute a separate and distinct violation.
The Albany County Department of Public Works is hereby authorized,
empowered and directed to carry out the requirements of this article
regarding solid waste management facilities.
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.
