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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 />Hydraulic fracturing shall mean the process by which fractures in the earth's subsurface <br />are widened by injection of water, chemicals, or both, under high pressure used in the <br />extraction of oil and gas. <br />Matrix stimulation shall mean the injection of any acid or solvent into a well to break up <br />impediments without fracturing the well. <br />Well stimulation shall mean any process of using vast amounts of water, chemicals, or <br />both, injected into the ground as a means of oil and gas exploration, including but not <br />limited to hydraulic fracturing, acid fracturing, cyclic steam injection and matrix <br />stimulation. Well stimulation does not include routine well cleaning that does not affect <br />the integrity of the well or formation. <br />Sec. 317.03. - Prohibited Activities. <br />(a) No person or entity may engage in any oil and gas well stimulation that shall cause, <br />suffer, permit or allow the use of any form of well stimulation including, but not <br />limited to, hydraulic fracturing, matrix stimulation, acid fracturing, or cyclic steam <br />injection within the boundaries of the County. <br />(b) No person or entity may engage in oil or gas well stimulation techniques originating <br />outside of the boundaries of the County that in any way enters onto, into, or under <br />the ground within the boundaries of the County. <br />Sec. 317.04. - Enforcement. <br />The County Attorney, or special counsel as otherwise authorized, is authorized to pursue <br />temporary or permanent injunctive relief or any other legal or equitable remedy authorized <br />by law in courts of competent jurisdiction to cure, remove or end any activity which violates <br />this chapter. <br />Sec 317.05. — Liability for violation. <br />Whenever a violation of this chapter occurs or exists, or has occurred or existed, any <br />person, individually or otherwise, who has a legal, beneficial or equitable interest in the <br />facility or instrumentality causing or contributing to the violation, or who has a legal, <br />beneficial or equitable interest in real property upon which such violation occurs or <br />exists, or has occurred or existed, shall be jointly and severally liable for such violation. <br />This provision shall be construed to impose joint and several liability upon all persons, <br />individually or otherwise, who, although such persons may no longer have any such <br />legal, beneficial or equitable interest in such facility or instrumentality or real property, <br />did have such an interest at any time during which such violation existed or occurred or <br />continued to exist or to occur. <br />Section 4. Codification. It is the intention of the Board of County Commissioners that <br />the provision of this ordinance shall become and be made part of the Indian River County <br />3 <br />
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