(a) It shall be unlawful for any corporation or any director, officer, owner, or manager of a corporation to use a corporation to engage in the extraction of gas or oil, within Yellow Springs.
(b) It shall be unlawful for any corporation, or any director, officer, owner, or manager of a corporation to use a corporation, to engage in the siting of extraction, production or delivery infrastructures within Yellow Springs.
(c) It shall be unlawful for any corporation, or any director, officer, owner, or manager of a corporation to use a corporation, to store, transport or process waste water, “produced” water, “frack” water, brine or other materials, chemicals or by-products used in the extraction of gas and oil extraction. It shall be unlawful for any corporation, or any person using a corporation to deposit those materials into the land, streets, air or waters within Yellow Springs.
(d) No permit, license, privilege or charter issued by any State or federal agency, Commission or Board to any person or any corporation operating under a State charter, or any director, officer, owner, or manager of a corporation operating under a State charter, which would violate the prohibitions of this law or deprive any Village resident(s), natural communities or ecosystems of any rights, privileges, or immunities secured by this Law, the Ohio Constitution, the United States Constitution, or other laws, shall be deemed valid within Yellow Springs.
(e) Corporations in violation of the prohibition against gas and oil extraction, or seeking to engage in gas or oil extraction shall not have the rights of “persons” afforded by the United States and Ohio Constitutions, nor shall those corporations be afforded rights under the 1st or 5th amendments to the United States Constitution or corresponding sections of the Ohio Constitution, nor shall those corporations be afforded the protections of the commerce or contracts clauses within the United States Constitution or corresponding sections of the Ohio Constitution.
(f) Corporations or individuals engaged in the extraction of gas or oil shall not possess the authority or power to enforce State or Federal preemptive law against the people of Yellow Springs, or to challenge or overturn laws adopted by the Yellow Springs Village Council, when that enforcement or challenge interferes with the rights asserted by this law or interferes with the authority of the municipality to protect the health, safety, and welfare of its residents.
(g) It shall be unlawful for any individual to engage in the extraction of gas or oil, within Yellow Springs.
(h) It shall be unlawful for any individual to engage in the siting of extraction, production or delivery infrastructures within Yellow Springs.
(i) It shall be unlawful for any individual to store, transport or process waste water, "produced" water, "frack" water, brine or other materials, chemicals or by-products used in the extraction of gas and oil extraction. It shall be unlawful for any corporation, or any person using a corporation to deposit those materials into the land, streets, air or waters within Yellow Springs.
(Ord. 2012-17. Passed 10-1-12.)