[HISTORY: Adopted by the County Legislature of Tompkins County 4-21-2015 by L.L. No. 1-2015. Amendments noted where applicable.]
The toxins and radioactive materials found in oil and gas waste
are detrimental to the public health and should be kept out of the
County water supply and off County roadways. Due to the significant
public health risks, and to ensure the safety of future generations
and the natural environment, this Legislature hereby finds it necessary
to prohibit the introduction of such waste into treatment facilities,
onto roadways, and onto real property located within Tompkins County.
As used within this chapter, the following terms shall have
the meanings indicated:
The physical act of placing or spreading natural gas waste
or oil waste on any road or real property located within the County
of Tompkins.
The fracturing of underground rock formations, including
shale and nonshale formations, by human-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, including, but not limited to, core
and rotary drilling and hydraulic fracturing.
Any liquid or solid waste or its constituents that are generated
as a result of natural gas extraction activities, which may consist
of water, brine, chemicals, naturally occurring radioactive materials,
heavy metals, or other contaminants;
Leachate from solid wastes associated with natural gas extraction
activities;
Any waste that is generated as a result of or in association
with the underground storage of natural gas;
Any waste that is generated as a result of or in association
with liquefied petroleum gas well storage operations; and
Any products or byproducts 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 are 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 byproducts resulting from the treatment, processing,
or modification of any of the above wastes.
A.Â
The application of natural gas waste or oil waste, whether or not
such waste has received a beneficial use determination pursuant to
6 NYCRR Part 360, on any road or real property located within Tompkins
County for any purpose is prohibited.
B.Â
The introduction of natural gas waste or oil waste into any wastewater
treatment facility within Tompkins County is prohibited.
C.Â
The introduction of natural gas waste or oil waste into any solid
waste management facility within Tompkins County is prohibited.
D.Â
The sale, acquisition, storage, handling, treatment and/or processing
of natural gas waste or oil waste from oil and natural gas extraction
activities (including leachate and byproducts from same) within Tompkins
County is prohibited.
The County Administrator or, at the County Administrator's
option, any department head or commissioner appointed by the County
Administrator is authorized to develop policies to ensure County employees
are familiar with the provisions of this chapter and take such steps
as are directed by the County Administrator 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.
Failure to comply with this chapter may result in enforcement by the County to prevent violations and/or impose civil penalties. In addition, persons who intentionally violate § 123-3 of this chapter may be subject to prosecution in criminal court.
A.Â
Civil sanctions. The County may commence a civil action to enjoin
or otherwise remedy any failure to comply with this chapter.
B.Â
A person who violates any provision of § 123-3 of this chapter shall be liable to a civil penalty not to exceed $1,000 for a first violation and not to exceed $5,000 for a subsequent offense.
C.Â
Criminal penalty. Any person who violates any provision of § 123-3 of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $5,000 for each day during which such violation continues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not impair, have an effect on, or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
chapter or in its application to the person, individual, corporation,
firm, partnership, entity or circumstance directly involved in the
controversy in which such order or judgment shall be rendered. To
further this end, the provisions of this chapter are hereby declared
to be severable.
