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Last modified
11/16/2016 3:49:09 PM
Creation date
11/16/2016 3:46:19 PM
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Ordinances
Ordinance Number
2016-015
Adopted Date
11/15/2016
Agenda Item Number
10.A.1.
Ordinance Type
Public Utilities
State Filed Date
11\16\2016
Entity Name
Fracking (Hydraulic Fracturing, Matrix Stimulation; Acid Fractur
Code Number
Chapter 317
Subject
Oil and Gas Well Stimulation Prohibited
Codified or Exempt
Codified
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ORDINANCE NO. 2016- 015 <br />WHEREAS, the residents of Indian River County have a reasonable expectation <br />that their local governments will endeavor to protect their health, safety and welfare; and <br />WHEREAS, the Indian River County Board of County Commissioners has <br />determined to exercise its home rule powers and authority to prohibit well stimulation and <br />therefore prohibit potential detrimental impacts to the community through contamination <br />of critical water supplies; <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br />Section 1. Enactment Authority. <br />Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest <br />broad home rule powers in counties to enact ordinances, not inconsistent with general or <br />special law, for the purpose of protecting the public health, safety and welfare of the <br />residents of the county. The Board specifically determines that the enactment of this <br />ordinance is necessary to protect the health, safety and welfare of the residents of Indian <br />River County. <br />Section 2. Legislative Findings. <br />The Board finds that the "Whereas" clauses above are true and correct, and hereby <br />incorporates such clauses as the legislative findings of the Board. <br />Section 3. Creation of New Chapter. <br />Chapter 317 of the Code of Indian River County, Florida is hereby created to read as <br />follows: <br />CHAPTER 317. OIL AND GAS WELL STIMULATION PROHIBITED <br />Sec. 317.01. - Purpose and scope. <br />It is the purpose and intent of the Board to prohibit all oil and gas well stimulation activities <br />within the boundaries of the County. <br />Sec. 317.02. - Definitions. <br />The following words, terms, and phrases shall apply in the application, interpretation and <br />enforcement of this division: <br />Acid fracturing (a.k.a. acidizing) shall mean pumping acidic fluids into a well at a <br />pressure that fractures the rock. <br />Cyclic steam injection shall mean all stages of thermal method which involves injecting a <br />well with steam with the purpose of heating the reservoir near the wellbore. <br />Exploration shall mean geologic or geophysical activities related to the search for oil, <br />natural gas or other subsurface hydrocarbons. <br />2 <br />
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