Town of Olive passes hydrofracking moratorium
5/10/12 - 3:00 pm
The Ulster County town of Olive has a new law on the books: A one-year moratorium on all gas drilling activity, including the transportation of fracking waste, within town borders.
The law was approved unanimously by the town board at their regular meeting on Tuesday, May 8. Olive's moratorium was enacted a month after the town board formally declared their intention to pass a local law on gas drilling, in a resolution passed on April 10.
At just a page long, the law is brief and to the point: The moratorium applies to the "exploration, extraction, transportation, disposal and storage of shale gas, waste products from extraction of shale gas, and infrastructure supporting extraction of shale gas within the Town of Olive."
But it does have a provision for a company involved in gas drilling to get a waiver, if the company applies to the town board and puts up $10,000 in escrow:
In the event that the enforcement of this Moratorium should result in undue hardship or practical difficulties, the Town Board, in its sole discretion, may waive or vary any provision of this local law consistent with the health, safety and welfare of the community.
Town attorney Peter Graham, who drafted the law, confirmed that the moratorium is intended to apply to the trucking of waste on county and state roads in the town.
"Town laws apply to geographical areas of the town, the entire town," he said.
Several towns in New York State, in areas where the effort to drill is more intense, are currently embroiled in lawsuits over their recently-passed gas drilling bans. But Graham said he isn't worried about that prospect for Olive, because the law includes a provision for waiving the prohibition on drilling activity.
"They could apply for the Town Board to give them permission," he said. "They can get a waiver. That's all the difference in the world."
Below: The full text of the moratorium, and the resolution to pass it.
|New Arrival at the Blue Barn|
|From the Blue Barn "Looking At You"|
|Two early American pieces at the Blue Barn|
|From the Blue Barn Collection|
|Two New Arrivals at the Blue Barn|
|Farmers' Market of the Week: Barryville|
|Farmer's Market of the Week: Deposit|
|Farmers' Market of the Week: Rock Hill|
|Product Protection Plans are now available at The Catalog Outlet!|
|New Reclining Living Room Collection Sale Priced, Only While Supplies Last!|
|Only 3 More Weekends: Judith Lamb, new works, Gorgeous!|
|Chace-Randall Gallery, Subscriber for 4 yrs/2 days Salutes The Watershed Post|
|Judith Lamb Continues to Awe Viewers at Chace-Randall Gallery|
|Great Western Catskills: Good Eats and Upcoming Events|
|LABOR DAY WEEKEND TASTING EVENT!|
|Brotherhood Wines from NYS now available!|
|Great pictures of RWS from Catskill Images. Thanks Jill!|
|Doc's Draft Peach Hard Apple Cider|
|Re-priced: Highly Motivated seller offering this desirable Roxbury Run Townhouse|
|We’re CELEBRATING our ANNIVERSARY SALE!! Aug. 15-17|
|When It's All About The Food|
|Sideways Tour! A Romp through the Wines of Sideways|
|Golf Classic Raises Over $53,000 for HealthAlliance Hospitals|
|LOTS TO DO FOR KIDS AND ADULTS ALIKE AT ANDES COMMUNITY DAY THIS WEEKEND!|
|RAILS TO THE CATSKILLS: THREE AUGUST SHOWINGS - KINGSTON, CATSKILL AND SAUGERTIES|
|Betty Brook Bounty|
|Recliners: Your Style Your Color|
|New items arriving daily.|
|Hanford Mills Museum offers themed tours|
|Cats Guild presents the Main View Gallery & Studio of Oneonta|
|Personalized Plaquettes for Every Occasion!|
|Ready To Pipe Marmalade-In-A-Bag|
|DCHA Offers Adirondack Trip|
|O&W Presentation in Delhi|
|Susan's Pleasant Pheasant Farm Kayak Races|
|The 2014 First Annual Not Your Average Croquet Tournament|
|The Many Hats of a Catskill Transplant by Rebecca of Traveler's Tea|
|NEW: Big Sky Pond, 5 BR cedar shingled home with swimming pond, tennis court on 60+ acres. Available for vacation renting.|