Utica City Zoning Code
ARTICLE IX
Hydraulic Fracturing Brine
Sec. 2-29-281 Definitions.
[Ord. No. 4, 2-3-2021]
As used in this article, the following terms shall have the following meanings:
The physical act of placing brine on one or more City streets and roads or one or more pieces of City 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, or reloading or replacing any material or equipment necessary to apply the brine.
Production brine; or produced waters; or flowback; or flowback fluids; or hydraulic fracturing fluid, any or all of which are generated as a result of drilling for, or seeking gas in wells, including but not limited to high-volume hydraulic fracturing, as defined herein.
The Commissioner of the Department of Public Works except for the use of the word “commissioner” in Section 2-29-5 may mean any other commissioner designated by the Mayor or may mean the Commissioner of Public Works as determined by the Mayor.
Liquids and solids produced during initial completion and cleanup of the well or cleanup of a well following a refracture or workover.
Liquids produced following drilling and initial completion and cleanup of the well or cleanup of a well following a refracture or workover.
A natural gas 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 from very tight rock.
Fluid used to perform hydraulic fracturing and includes the primary carrier fluid and all applicable additives.
The City of Utica, County of Oneida, New York.
Liquids co-produced during oil and gas production.
Real property, improved or otherwise, which the City of Utica, County of Oneida, New York owns or controls.
Public roads, streets, or bridges owned or controlled by the municipality.
Sec. 2-29-282 Use of brine prohibited.
[Ord. No. 4, 2-3-2021]
No brine shall be applied to or placed upon property or roads of the municipality. In any bid for materials, services, or equipment which relate to property maintenance or road improvements or road construction, the municipality, in a bid specification or bid document describing the nature of the services or equipment sought, and any agency or division of the municipality, shall expressly state in capitalized, bold font, “The placement of brine on any road or property of the City of Utica is unlawful. Any bidder shall file a sworn statement with their bid that no brine as defined by ordinance of the municipality will be sold to the municipality as part of the bid, or utilized on or placed on any property or road of the City of Utica, County of Oneida, New York. Bidders are directed to City of Utica, County of Oneida Ordinance No. 11 of 2013 for the definition of brine.”
Sec. 2-29-283 Statement to be included in bid.
[Ord. No. 4, 2-3-2021]
(a)
The statement provided for in Section 2-29-273, 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, subcontractor, agent, or vendor thereof in connection with the bid; nor will the undersigned bidder or any subcontractor, agent, or vendor thereof and/or therefor apply or supply any brine to any property or road(s) of the City of Utica, County of Oneida, New York 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 City Attorney.
Sec. 2-29-284 Duty of employees to be familiar with provisions.
[Ord. No. 4, 2-3-2021]
The Mayor or, at the Mayor’s option, a department head or a commissioner of any department appointed by the Mayor is authorized to develop policies to ensure City employees are familiar with this article and take such steps as are directed by the Mayor or such department head or commissioner to ensure a diligent effort by the City that materials supplied to the City of Utica or used on City streets and roads or property comply with this article. This shall not excuse noncompliance by a contractor or vendor of the City.
Sec. 2-29-285 Penalties for offenses.
[Ord. No. 4, 2-3-2021]
(a)
Breach of contract. A violation of the provisions of this article shall be deemed a breach of contract and shall authorize the Director of Purchasing, in cooperation with the City Attorney and any other officer or employee of the City of Utica deemed necessary by the City 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 City Attorney but may include, but shall not be limited to the cost of any consequential damages of the breach of contract. In addition, the Director of Purchasing may make a finding that the contractor is not a responsible bidder. The City Attorney is further authorized to commence any necessary action to enjoin any violation of this article he or she believes to be occurring.
(b)
Criminal penalties. In addition to prosecution for perjury as determined by the District Attorney, any person who violates this article shall be guilty of an unclassified misdemeanor and subject to a fine not to exceed $25,000 per violation and/or up to 15 days’ imprisonment. Each application of brine shall constitute a separate and distinct violation.