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HomeMy WebLinkAbout2016-015ORDINANCE NO. 2016- 015 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING CHAPTER 317 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED "OIL AND GAS WELL STIMULATION PROHIBITED"; PROHIBITING OIL AND GAS WELL STIMULATION; AND PROVIDING FOR CODIFICATION, SEVERABILITY, A GENERAL REPEALER AND AN EFFECTIVE DATE. WHEREAS, clean water is fundamental to the health of Florida's environment, economy and its citizens; and WHEREAS, the public utilities in Indian River County rely on water from the Upper Floridan Aquifer for potable water supplies; and WHEREAS, the Indian River County Board of County Commissioners seeks to protect the water resources of Indian River County from potential contamination by carcinogenic chemicals; and WHEREAS, oil and gas well stimulation including, but not limited to, hydraulic fracturing, matrix stimulation, acid fracturing (a.k.a. "acidizing") and cyclic steam injection, is performed by injecting fluid into a rock formation in order to increase production at an oil or gas well; and WHEREAS, oil and gas well stimulations involve the use of chemical compounds, some of which are determined by the Center for Disease Control and Prevention to be carcinogenic or which could otherwise pose a widespread and significant risk to public health, safety, and the environment; and WHEREAS, the oil and gas industry is not required by federal or state law to publicly disclose chemical formulas or well stimulation and fracturing fluids; and WHEREAS, in both the 2015-2016 and 2016-2017 Florida State Legislative Sessions the Florida Legislature considered legislation which would have required a peer review study to be performed by the Florida Department of Environmental Protection, which would have: i) evaluated geologic features; ii) evaluated potential hazards and risks, and potential for groundwater contamination; and iii) reviewed and evaluated potential for reclaimed water use and the ultimate disposition of waste fluids; WHEREAS, the legislation would have prohibited permitting activities during both rulemaking and peer review study processes; and WHEREAS, the Florida Legislature did not pass the proposed legislation, thus leaving the citizens of Florida without the critical knowledge of the peer review study nor the prohibition of such activities during such process; and ORDINANCE NO. 2016- 015 WHEREAS, the residents of Indian River County have a reasonable expectation that their local governments will endeavor to protect their health, safety and welfare; and WHEREAS, the Indian River County Board of County Commissioners has determined to exercise its home rule powers and authority to prohibit well stimulation and therefore prohibit potential detrimental impacts to the community through contamination of critical water supplies; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Legislative Findings. The Board finds that the "Whereas" clauses above are true and correct, and hereby incorporates such clauses as the legislative findings of the Board. Section 3. Creation of New Chapter. Chapter 317 of the Code of Indian River County, Florida is hereby created to read as follows: CHAPTER 317. OIL AND GAS WELL STIMULATION PROHIBITED Sec. 317.01. - Purpose and scope. It is the purpose and intent of the Board to prohibit all oil and gas well stimulation activities within the boundaries of the County. Sec. 317.02. - Definitions. The following words, terms, and phrases shall apply in the application, interpretation and enforcement of this division: Acid fracturing (a.k.a. acidizing) shall mean pumping acidic fluids into a well at a pressure that fractures the rock. Cyclic steam injection shall mean all stages of thermal method which involves injecting a well with steam with the purpose of heating the reservoir near the wellbore. Exploration shall mean geologic or geophysical activities related to the search for oil, natural gas or other subsurface hydrocarbons. 2 ORDINANCE NO. 2016- 015 Hydraulic fracturing shall mean the process by which fractures in the earth's subsurface are widened by injection of water, chemicals, or both, under high pressure used in the extraction of oil and gas. Matrix stimulation shall mean the injection of any acid or solvent into a well to break up impediments without fracturing the well. Well stimulation shall mean any process of using vast amounts of water, chemicals, or both, injected into the ground as a means of oil and gas exploration, including but not limited to hydraulic fracturing, acid fracturing, cyclic steam injection and matrix stimulation. Well stimulation does not include routine well cleaning that does not affect the integrity of the well or formation. Sec. 317.03. - Prohibited Activities. (a) No person or entity may engage in any oil and gas well stimulation that shall cause, suffer, permit or allow the use of any form of well stimulation including, but not limited to, hydraulic fracturing, matrix stimulation, acid fracturing, or cyclic steam injection within the boundaries of the County. (b) No person or entity may engage in oil or gas well stimulation techniques originating outside of the boundaries of the County that in any way enters onto, into, or under the ground within the boundaries of the County. Sec. 317.04. - Enforcement. The County Attorney, or special counsel as otherwise authorized, is authorized to pursue temporary or permanent injunctive relief or any other legal or equitable remedy authorized by law in courts of competent jurisdiction to cure, remove or end any activity which violates this chapter. Sec 317.05. — Liability for violation. Whenever a violation of this chapter occurs or exists, or has occurred or existed, any person, individually or otherwise, who has a legal, beneficial or equitable interest in the facility or instrumentality causing or contributing to the violation, or who has a legal, beneficial or equitable interest in real property upon which such violation occurs or exists, or has occurred or existed, shall be jointly and severally liable for such violation. This provision shall be construed to impose joint and several liability upon all persons, individually or otherwise, who, although such persons may no longer have any such legal, beneficial or equitable interest in such facility or instrumentality or real property, did have such an interest at any time during which such violation existed or occurred or continued to exist or to occur. Section 4. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County 3 ORDINANCE NO. 2016- 015 Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 2nd day of November, 2016, for a public hearing to be held on the 15 day of November, 2016, at which time it was moved for adoption by Commissioner O' Bryan , seconded by Commissioner Flescher and adopted by the following vote: Chairman Bob Solari AYE Vice -Chairman Joseph E. Flescher AYE Commissioner Wesley S. Davis AYE Commissioner Tim Zorc AYE Commissioner Peter D. O'Bryan AYE The Chairman thereupon declared the ordinance duly passed and adopted this 15th day of November, 2016. BOARD OF COMMISSIONERS OF IN COUNTY, FLORIDA as Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk -►:;n�vt+ and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY _ Deputy Clerk DYLAN REINGOLD COUNTY ATTORNEY EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of November, 2016. 4