[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-9-2015 by Ord. No. 2015-27]
As used in this article, the following terms shall have the
meaning indicated:
The drilling technique of expanding existing fractures or
creating new fractures in rock by injecting water, often with chemicals,
sand, or other substances, and often under pressure, into or underneath
the surface of the rock for purposes including, but not limited to,
well drilling and natural gas exploration and production. The term
"hydraulic fracturing" shall include "fracking," "hydrofracking,"
"hydrofracturing," and other colloquial terms for this drilling technique.
No wastewater, wastewater solids, sludge, drill cuttings or
other by-products resulting from hydraulic fracturing for the purpose
of natural gas exploration or production may be treated, discharged,
disposed of, applied to a roadway or otherwise released into the environment,
or stored in the Borough of Red Bank.
A.
Any person
or entity violating the provisions of this article, upon conviction
before a Municipal Court Judge of the Borough, shall be subject to
a fine of not less than $2,500 and not more than $10,000, in the discretion
of the Municipal Court Judge.
B.
In addition
to any other remedies provided for in this article, the Borough Attorney,
or his or her designee, may commence an action in the Superior Court
of New Jersey to enjoin a person or entity that has violated this
article and for any other appropriate remedies at law or equity.
