[HISTORY: Adopted by the Town Board of the Town of Marbletown
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 200.
[Adopted 5-21-2013 by L.L. No. 3-2013]
This article shall be known by and may be cited as the "Hydraulic
Fracturing Brine Prohibition Act."
The purpose of this article is to protect the public health,
safety and welfare by providing for the regulation of the use of brine,
as defined herein, on any properties, public roads, parking lots,
sidewalks, streets, or bridges owned or controlled by the Town of
Marbletown.
This article is enacted pursuant to the authority vested in
the Town of Marbletown by the Town Law, Municipal Home Rule Law, General
Municipal Law, Public Health Law, and other applicable laws of the
State of New York.
As used in this article, the following terms shall have the
following meanings:
The physical act of placing brine on one or more Town roads
or one or more pieces of Town 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.
a) production brine; or b) produced waters; or c) flowback;
or d) flowback fluids; or e) hydraulic fracturing fluid; or f) derivatives
of the foregoing, any or all, in liquid or solid form, which are generated
as a result of drilling for, or seeking gas and/or oil in wells including
but not limited to high-volume hydraulic fracturing, as defined herein.
Liquids and solids produced during initial completion and
cleanup of the well or cleanup of a well following a refracture or
workover.
Liquids and solids produced following drilling and initial
completion and cleanup of the well or cleanup of a well following
a refracture of workover.
A natural gas and/or oil 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 and/or oil
from very tight rock.
Fluid used to perform hydraulic fracturing and includes the
primary carrier fluid and all applicable additives and derivatives.
Liquids and solids coproduced during oil and gas production.
Real property, improved or otherwise, which the Town of Marbletown
owns or controls.
Public roads, parking lots, sidewalks, streets, or bridges
owned or controlled by the Town.
The Town of Marbletown in the County of Ulster, State of
New York.
No brine shall be applied to or placed upon property or roads
of the Town. In any bid for materials, services, or equipment which
relate to property or road maintenance, improvements, or construction,
the Town in a bid specification or bid document describing the nature
of the services or equipment sought, and any department or division
of the Town, shall expressly state in capitalized, bold font, "THE
PLACEMENT OF BRINE ON ANY ROADS OR PROPERTY OF THE TOWN OF MARBLETOWN
IS UNLAWFUL. ANY BIDDER SHALL FILE A SWORN STATEMENT WITH THEIR BID
THAT NO BRINE AS DEFINED BY LOCAL LAW OF THE TOWN WILL BE SOLD TO
THE TOWN AS PART OF THE BID, OR UTILIZED ON OR PLACED ON ANY PROPERTY
OR ROADS OF THE TOWN OF MARBLETOWN. BIDDERS ARE DIRECTED TO CHAPTER
129 OF THE LAWS OF THE TOWN OF MARBLETOWN FOR THE DEFINITIONS OF BRINE,
PROPERTY, AND ROADS."
A.
The statement provided for in § 129-5, 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,
sub-contractor, agent, or vendor thereof in connection with the bid;
nor will the undersigned Bidder or any sub-contractor, agent, or vendor
thereof and/or therefor apply or supply any Brine to any Property
or Road(s) of the Town of Marbletown as a result of the submittal
of this bid if selected."
B.
The statement shall otherwise be sworn to under penalty of perjury
in a form satisfactory to the Town Attorney.
The Town Board or, at the Town Board's option and pursuant
to an express delegation by the Town Board, a Town department, commission,
or board, is authorized to develop policies to ensure Town employees
are familiar with this article and take such steps as are directed
by the Town Board or its delegate to ensure a diligent effort by the
Town that materials supplied to the Town or used on Town roads or
property comply with this article. This shall not excuse noncompliance
by a contractor or vendor of the Town.
A.
Criminal penalties.
(1)
Any prosecution for an alleged violation of this article shall be
conducted in accordance with the requirements of the Criminal Procedure
Law of the State of New York for the prosecution of a violation as
that term is defined in the Penal Law of the State of New York. In
addition to prosecution for, any person who violates this article
or is accessory to the violation shall be guilty of an unclassified
misdemeanor as contemplated by Article 10 and § 80.05 of
the NYS Penal Law, and, upon conviction thereof, shall be punishable
by a fine of not more than $2,500 or imprisonment for not more than
10 days, or both, for the first offense.
(2)
Any subsequent offense shall be punishable by a fine of not more
than $5,000, imprisonment for a period of not more than 30 days, or
both. Each application of brine shall constitute a separate and distinct
violation.
B.
Bar. The Town Board or the judge or justice of any court of competent
jurisdiction may bar a person convicted of a violation of this article
from submitting to the Town a bid for property or road maintenance,
improvements, or construction for any period of time not exceeding
one year. The order barring such person shall be in writing, shall
contain the period of the bar, and shall become effective upon the
personal service of a copy upon such person. Any violation of such
order shall constitute a separate violation of this article and, if
issued by a judge or justice, a contempt of court.
C.
Civil action. A violation of the provisions of this article shall
be deemed a breach of contract and shall authorize the Town Board
in cooperation with the Town Attorney, and any other officer or employee
of the Town deemed necessary by the Town 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 Town Attorney
but may include, but shall not be limited to, the cost of any consequential
damages of the breach of contract. The Town Attorney is further authorized
to commence any necessary action to enjoin any violation of this article
he or she believes to be occurring.
