[Ord. 982, 12/18/2013, § 1]
1.
The Borough Council finds that the commercial extraction of and exploration
for natural gas in Stroudsburg Borough violates the rights of residents,
neighborhoods, and natural communities, and poses a significant threat
to their health, safety, and welfare. Moreover, widespread environmental
and human health impacts have resulted from commercial gas extraction
and exploration in other areas. The regulation of commercial gas development
de facto allows commercial gas development to occur; the impacts of
development endanger the health and violate the rights of residents,
neighborhoods, and natural communities through deposition of toxins
into the air, soil, water, environment and bodies of residents of
the Borough.
2.
The Borough Council recognizes that environmental and economic sustainability
cannot be achieved if the rights of municipal majorities are routinely
overridden by corporate minorities claiming certain legal powers.
The Borough Council also recognizes that sustainability cannot be
achieved within a system of preemption which enables those corporations
to use state governments to override local self-government, and which
restricts municipalities to only that lawmaking specifically authorized
by state government.
3.
The Borough Council believes that the protection of residents, neighborhoods,
and the natural environment constitutes the highest and best use of
the police powers that this municipality possesses. The Borough Council
also believes that local legislation that embodies the interests of
the community is mandated by the doctrine of the consent of the governed,
and the right to local, community self-government. Thus, the Borough
Council hereby adopts this Part, establishing a Bill of Rights for
the human and natural communities of the Borough, banning commercial
extraction of and exploration for natural gas within Stroudsburg Borough.
[Ord. 982, 12/18/2013, § 2]
For purposes of this Part, shall include any corporation,
limited partnership, limited liability partnership, business trust,
or limited liability company organized under the laws of any state
of the United States or under the laws of any country, and any other
business entity that possesses state-conferred limited liability attributes
for its owners, directors, officers, and/or managers.
The digging, drilling or operation of a well for the purpose
of exploring for, developing, removing or producing natural gas or
other hydrocarbons, as well as the construction or siting of compressor
stations, new pipelines, waste water pits or confinement pits, condensation
tanks or any structure, process, or ancillary facility, dwelling or
vehicle employed in the extraction of or exploration for natural gas.
The term shall also include the treatment, confinement or transportation
of "produced water."
Any gaseous substance, either combustible or noncombustible,
which is produced in a natural state from the earth and which maintains
a gaseous or rarefied state at standard temperature or pressure conditions,
and/or gaseous components or vapors occurring in or derived from petroleum
or natural gas.
[Ord. 982, 12/18/2013, § 3]
1.
Right to Water. All residents, natural communities and ecosystems
in Stroudsburg Borough possess a fundamental and inalienable right
to sustainably access, use, consume, and preserve water drawn from
natural water cycles that provide water necessary to sustain life
within the Borough.
2.
Rights of Natural Communities. Natural communities and ecosystems,
including, but not limited to, wetlands, streams, rivers, aquifers,
and other water systems, possess inalienable and fundamental rights
to exist and flourish within Stroudsburg Borough. Residents of the
Borough, along with the municipality, shall possess legal standing
to enforce those rights on behalf of those natural communities and
ecosystems.
3.
Right to a Sustainable Energy Future. All residents, natural communities,
and ecosystems in Stroudsburg Borough possess a right to a sustainable
energy future, which includes, but is not limited to, the development,
production, and use of energy from renewable fuel sources.
4.
Right to Self-Government. All residents of Stroudsburg Borough possess
the fundamental and inalienable right to a form of governance where
they live which recognizes that all power is inherent in the people,
that all free governments are founded on the people's authority and
consent, and that corporate entities and their directors and managers
shall not enjoy special privileges or powers under the law which make
community majorities subordinate to them.
[Ord. 982, 12/18/2013, § 4]
1.
It shall be unlawful for any corporation to engage in the extraction
of natural gas within Stroudsburg Borough, with the exception of pipelines
already installed and operating at the time of enactment of this Part.
2.
It shall be unlawful for any corporation to extract water from any
source, whether surface or subsurface, within Stroudsburg Borough,
for use in the extraction of subsurface natural gas. It shall be unlawful
for a corporation to import water into Stroudsburg Borough for use
in the extraction of subsurface natural gas. It shall be unlawful
for any corporation to deposit waste water, "produced" water, water
resulting from hydraulic fracturing operations ("frack" water), brine
or other materials or by-products of natural gas extraction activities,
into the land, air or waters within Stroudsburg Borough.
3.
Corporations and persons using corporations to engage in natural
gas extraction in a neighboring municipality, county or state shall
be strictly liable for all harms caused to natural water sources,
ecosystems human and natural communities within Stroudsburg Borough
and its jurisdiction.
4.
Corporations in violation of the prohibition against natural gas
extraction, or seeking to engage in natural gas extraction, shall
not have the rights of "persons" afforded by the United States and
Pennsylvania Constitutions, nor shall those corporations be afforded
rights under the First or Fifth Amendments to the United States Constitution
or corresponding sections of the Pennsylvania Constitution, nor shall
those corporations be afforded the protections of the commerce or
contracts clauses within the United States Constitution or corresponding
sections of the Pennsylvania Constitution. "Corporations," for purposes
of this Part, shall include any corporation, limited partnership,
limited liability partnership, business trust, or limited liability
company organized under the laws of any state of the United States
or under the laws of any country, and any other business entity that
possesses state-conferred limited liability attributes for its owners,
directors, officers, and/or managers.
5.
Corporations engaged in the extraction of natural gas shall not possess
the authority or power to enforce state or federal preemptive law
against the people of Stroudsburg Borough, or to challenge or overturn
municipal ordinances adopted by the Borough Council of Stroudsburg,
when that enforcement or challenge interferes with the rights asserted
by this Part or interferes with the authority of the municipality
to protect the health, safety, and welfare of its residents.
6.
No permit, license, privilege or charter issued by any state or federal
agency, Commission or Council to any person or any corporation operating
under a state charter, or any director, officer, owner, or manager
of a corporation operating under a state charter, which would violate
the prohibitions of this Part or deprive any Borough resident(s),
natural community, or ecosystem of any rights, privileges, or immunities
secured by this Part, the Pennsylvania Constitution, the United States
Constitution, or other laws, shall be deemed valid within Stroudsburg
Borough.
[Ord. 982, 12/18/2013, § 5]
1.
Any person, corporation, or other entity that violates any prohibition
of this Part shall be guilty of a summary offense and, upon conviction
thereof by a district justice, shall be sentenced to pay the maximum
fine allowable under state law for that violation, and shall be imprisoned
to the extent allowed by law. A separate offense shall arise for each
day or portion thereof in which a violation occurs and for each section
of this Part found to be violated.
2.
Stroudsburg Borough may also enforce this Part through an action
in equity brought in the Court of Common Pleas of Monroe County. In
such an action, Stroudsburg Borough shall be entitled to recover,
without limitation, all costs of litigation, including, but not limited
to, expert and attorney's fees.
3.
Any Borough resident shall have the authority to enforce this Part
through an action in equity brought in the Court of Common Pleas of
Monroe County. In such an action, the resident shall be entitled to
recover all costs of litigation, including, without limitation, expert
and attorney's fees.
[Ord. 982, 12/18/2013, § 6]
This Part shall be effective five days after the date of its
enactment, at which point this Part shall apply to any and all extractions
of natural gas regardless of the date of any applicable DEP permits.
[Ord. 982, 12/18/2013, § 7]
The foundation for the making and adoption of this law is the
people's fundamental and inalienable right to govern themselves, and
thereby secure their rights to life, liberty, and pursuit of happiness.
Any attempts to use other units and levels of government to preempt,
amend, alter, or overturn this Part, or parts of this shall require
the Borough Council to hold public meetings that explore the adoption
of other measures that expand local control and the ability of residents
to protect their fundamental and inalienable right to self-government.
