[HISTORY: Adopted by the County Legislature of the County of Ulster as indicated in article histories. Amendments noted where applicable.]
Article I Hydraulic Fracturing Brine Prohibition
[Adopted 7-25-2012 by L.L. No. 6-2012]
This article shall be known by and may be cited as the "Hydraulic Fracturing Brine Prohibition Act."
As used in this article, the following terms shall have the following meanings:
- The physical act of placing brine on one or more County roads or one or more pieces of County property. 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, reloading or replacing any material or equipment necessary to apply the brine.
- The Commissioner of the Department of Public Works, except for the use of the word "commissioner" in § 306-5 may mean any other commissioner designated by the County Executive or may mean the Commissioner of Public Works as determined by the County Executive.
- Liquids and solids produced during initial completion and cleanup of the well or cleanup of a well following a refracture or workover.
- FLOWBACK FLUIDS
- Liquids produced following drilling and initial completion and cleanup of the well or cleanup of a well following a refracture or workover.
- HIGH-VOLUME HYDRAULIC FRACTURING
- A natural gas well stimulation technique consisting of the injection into the earth of a water and chemical mix with the intent of increasing the ability to extract natural gas from very tight rock.
- HYDRAULIC FRACTURING FLUID
- Fluid used to perform hydraulic fracturing and includes the primary carrier fluid and all applicable additives.
- The County of Ulster.
- PRODUCTION BRINE or PRODUCED WATERS
- Liquids coproduced during oil and gas production.
- Real property, improved or otherwise, which the County of Ulster owns or controls.
- Public roads, streets, or bridges owned or controlled by the municipality.
No brine shall be applied to or placed upon property or roads of the municipality. 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 PLACEMENT OF BRINE ON ANY ROAD OR PROPERTY OF THE COUNTY OF ULSTER IS UNLAWFUL. ANY BIDDER SHALL FILE A SWORN STATEMENT WITH THEIR BID THAT NO BRINE AS DEFINED BY LOCAL LAW OF THE MUNICIPALITY WILL BE SOLD TO THE MUNICIPALITY AS PART OF THE BID, OR UTILIZED ON OR PLACED ON ANY PROPERTY OR ROAD OF THE COUNTY OF ULSTER. BIDDERS ARE DIRECTED TO CHAPTER 306 OF THE LAWS OF THE COUNTY OF ULSTER FOR THE DEFINITION OF BRINE."
The statement provided for in § 306-3, which shall be a sworn statement under penalty of perjury, shall read substantially as follows:
"We, __________________hereby submit a bid for materials, equipment, or labor for the _______________ of ___________________. The bid is for bid documents titled _________________________. We hereby certify under penalty of perjury that no brine will be used by the undersigned bidder or any contractor, subcontractor, agent, or vendor thereof in connection with the bid; nor will the undersigned bidder or any subcontractor, agent, or vendor thereof and/or therefor apply or supply any brine to any property or road(s) of the County of Ulster as a result of the submittal of this bid if selected." The statement shall otherwise be sworn to under penalty of perjury in a form satisfactory to the County Attorney.
The County Executive or, at the County Executive's option, a department head or a commissioner of any department appointed by the County Executive is authorized to develop policies to ensure County employees are familiar with this article and take such steps as are directed by the County Executive or such department head or commissioner to ensure a diligent effort by the County that materials supplied to the County or used on County roads or property comply with this article. This shall not excuse noncompliance by a contractor or vendor of the County.
Breach of contract. A violation of the provisions of this article shall be deemed a breach of contract and shall authorize the Director of Purchasing, in cooperation with the County Attorney and any other officer or employee of the County deemed necessary by the County Attorney, to commence a civil breach of contract action against the violator of the provisions of this article. Damages sought shall be determined by the County Attorney but may include, but shall not be limited to, the cost of any consequential damages of the breach of contract. In addition, a determination by the Director of Purchasing that the contract was awarded through shall make a finding that the contractor was not a responsible bidder and shall cause notice of such irresponsibility to be circulated in a form approved by the County Attorney to each other county in New York State. The County Attorney is further authorized to commence any necessary action to enjoin any violation of this article he or she believes to be occurring.
Criminal penalties. In addition to prosecution for perjury as determined by the District Attorney, any person who violates this article shall be guilty of an unclassified misdemeanor and subject to a fine not to exceed $25,000 per violation and/or up to 15 days' imprisonment. Each application of brine shall constitute a separate and distinct violation.
If any sentence, clause, paragraph, subdivision, sub-paragraph, part or provision of this article or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this article or the application thereof to other persons or circumstances and the Legislature hereby declares that it would have enacted this article or the remainder thereof had the invalidity of such provision or application thereof been apparent.
This act shall take effect 30 days after it shall have been filed with the Secretary of State.