(a) Whereas: The drinking water supply for Yellow Springs comes from an unconfined aquifer, characterized by layers of loose sediment, no surface barrier, and is recharged (primarily) by rain that percolates down through the ground and to a lesser degree by the Little Miami River; and
(b) Whereas: The Village of Yellow Springs drinking water supply is identified as a sole source aquifer, and as such is protected by the Sole Source Aquifer Protection Program authorized by (Section 1424e of) the Safe Drinking Water Act of 1974; and
(c) Whereas: The Energy Policy Act 2005 allows the oil and gas industry exemption from rules and regulations of the Safe Drinking Water Act without showing evidence this exemption from general law will not violate rights; and
(d) Whereas: the aquifer that feeds the Village of Yellow Springs is considered to be at high risk for contamination according to a 2003 EPA Susceptibility Report; and
(e) Whereas: many communities across the nation have already experienced contamination of their streams, lakes, rivers and other sources of drinking water as a result of fracking and placement of injection wells; and
(f) Whereas: oil and gas companies have identified Yellow Springs and surrounding environs as 'geologically appropriate' for injection wells due to the presence of Mt. Simon Sandstone; and
(g) Whereas: Ohio and other states have experienced earthquakes in relation to the placement of injection wells; and
(h) Whereas: this chapter establishes a community bill of rights which recognizes and secures the civil and political rights of Yellow Springs residents, pursuant to Article I, Section 20 of the Ohio Constitution which states: "This enumeration of rights shall not be construed to impair or deny others retained by the people, and all powers, not herein delegated, remain with the people;" and
(i) Whereas: the Ohio Revised Code, Title VII, Chapter 743, Section 25 titled "Jurisdiction of municipal corporations to prevent water pollution" states that "No person shall pollute a running stream, the water of which is used for domestic purposes by a municipal corporation, by putting therein a putrid or offensive substance, injurious to health;" and
(j) Whereas: this chapter bans the extraction of gas and oil within the Village or the placement of injection wells, along with associated activities, because that extraction violates the civil rights of Yellow Springs residents, and because it threatens the health, safety, and welfare of residents and neighborhoods of Yellow Springs; and
(k) Whereas: this chapter removes legal powers and authority from gas and oil extraction corporations within the Village, in recognition that those legal powers are illegitimate and unjust, in that they place the rights of a corporate minority over the rights and political authority of a majority of Yellow Springs Village residents; and
(l) Whereas: this chapter shall be known and may be cited as "Yellow Springs' Community Protection from Gas and Oil Extraction Ordinance;" and
(m) Whereas: this chapter is enacted pursuant to the inherent right of the residents of Yellow Springs Village to govern their own community, including, without limitation, the Declaration of Independence's declaration that governments are instituted to secure the rights of people, and the Ohio Constitution's recognition that "All political power is inherent in the people."
(n) Now, therefore, be it hereby resolved by the Yellow Springs Village Council, that there is hereby adopted the following ordinance, which establishes a bill of rights for the residents and communities of the Village, bans commercial extraction of gas and oil or the placement of injection wells within Yellow Springs Village because those actions cannot be achieved without violating the rights of residents and communities or endangering their health, safety, and welfare; removes certain legal powers from gas and oil extraction corporations operating within Yellow Springs Village; nullifies illegitimate state laws, permits, and other authorizations which interfere with the rights secured by this ordinance; and imposes liabilities and fines for violations thereof.
(Ord. 2012-17. Passed 10-1-12.)