[HISTORY: Adopted by the Legislature of the County of Putnam 3-6-2013 by L.L. No.
3-2013. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The physical act of placing or spreading natural gas waste.
The fracturing of shale formations by man-made fluid-driven
techniques for the purpose of stimulating 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 waste which is generated as a result of natural gas extraction
activities, which may consist of water, chemical additives, or naturally
occurring radioactive materials ("NORMs") and heavy metals. Natural
gas waste includes, but is not limited to, leachate from solid wastes
associated with natural gas extraction activities.
A.
The introduction of natural gas waste into any wastewater treatment
facility within the County of Putnam which is either privately operated
or operated by the County of Putnam is prohibited.
B.
The sale of natural gas waste within the County of Putnam is prohibited.
C.
The application of natural gas waste on any County road or privately
owned real property located within the County of Putnam 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 than no
materials containing natural gas waste shall be utilized in providing
such a service.
The County Executive or, at the County Executive's option,
any department head or Commissioner appointed by the County Executive
is authorized to develop policies to ensure County employees are familiar
with the provisions of this chapter and to 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
chapter. This section shall not excuse noncompliance by a contractor
or vendor of the County.
Any violation of § 172-2 of this chapter 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.
The Clerk of the Putnam County Legislature shall forward a copy
of this chapter to the chief executive and the legislative body of
each and every municipal corporation located within the boundaries
of Putnam County. Each municipality within Putnam County is encouraged
to adopt similar prohibitions with respect to its roads and/or properties
as are contained herein.
If any clause, sentence, subparagraph, subsection or section
of this chapter shall be held invalid by any court of competent jurisdiction,
or the application of this chapter to any person or set of circumstances
shall be held invalid, such invalidity or judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, subparagraph, subsection,
or operation of this chapter directly involved in the controversy
in which the judgment shall have been rendered. To further this end,
the provisions of this chapter are hereby declared to be severable.
