Details for NOTICE OF ADOPTION OF AN ORDINANCE CONCERNING MINING ACTIVITIES AND WATERCOURSES IN AND AROUND THE CITY OF BOONVILLE

NOTICE OF ADOPTION OF AN ORDINANCE CONCERNING MINING ACTIVITIES AND WATERCOURSES IN AND AROUND THE CITY OF BOONVILLE

Notice is hereby given that on November 29, 2017, the City of Boonville Common Council ("Common Council") adopted Ordinance 2017-23: An Ordinance Concerning Mining Activities and Watercourses in and Around the City of Boonville. Set forth below is a copy of Ordinance 2017-23 including its penalty provisions. A copy of the Ordinance is available for inspection and copying at the City of Boonville City Hall, 135 South Second Street, Boonville, Indiana 47601. This notice is not a substitute for Ordinance 2017-23.

ORDINANCE NUMBER 2017-23

CITY OF BOONVILLE, INDIANA

AN ORDINANCE CONCERNING

MINING ACTIVITIES AND

WATERCOURSES IN AND AROUND THE CITY OF BOONVILLE

WHEREAS, the City of Boonville ("City") seeks to protect the public health, safety, and welfare of the community; and

WHEREAS, the City has been advised of numerous hazards and concerns associated with mining related activities near the City and its utility infrastructure, including but not limited to property damage, dust, noise, impacts on watercourses, existing older mine shafts located beneath homes and property, and the danger of hazardous materials stored in such existing mines; and

WHEREAS, the City further seeks to protect the long-term future and growth of the City, as well as ensure the viability of future economic development of the area; and

WHEREAS, in addition to its general police power and home rule authority, and as a non-exhaustive list, the City has the express authority to regulate conduct or the use of property that might endanger the public health, safety, or welfare, regulate the excavation, mining, drilling, and other movement or removal of earth below ground level, regulate the taking of water or introduction of any substance into a watercourse, regulate the introduction of any substance or odor into the air, or any generation of sound, and/or adopt regulations to protect the City's utility infrastructure; and

WHEREAS, the City may and does provide utility service and exercise regulatory authority beyond it corporate boundaries; and

WHEREAS, the City previously passed Resolution 2017-9, which supports the protection of existing residential and commercial developments from adverse surface and underground mining and fracking effects both within and outside of the City's boundaries; and

WHEREAS, the City desires to ensure an adequate opportunity for property owner and community input, and for the City to study and develop such additional regulations as may be appropriate to ensure the adequate protection of the interests of the City and the residences, landowners, and businesses of the greater Boonville community, from activities that may negatively impact the City, its infrastructure and development, property values, and quality of life; and

WHEREAS, the City wishes to restrict activities, regardless of whether related directly or indirectly to mining operations, that pose a threat to the public health, safety, and welfare of the City, its residents, its infrastructure, and the surrounding community.

NOW, THEREFORE, BE IT ORDAINED by the City of Boonville, Indiana that:

Section 1. MORATORIUM ON MINING

(A) Pending further Ordinance of the Council, no person, firm or corporation shall mine or remove coal, gas, oil or other minerals from within the corporate limits of the City or in areas within three (3) miles outside its corporate boundaries by either stripping, open pit, auger, underground, room and pillar, longwall, cut-and-fill, block shaft, sublevel, borehole, vertical crater, slope or deep mine method of removing coal and minerals, fracking, or of drilling for gas, oil or other energy materials by any commercially known means whatsoever (collectively "Mining").

(B) In addition to the general penalties provided by Ordinance, the City is further authorized to take whatever injunctive relief is necessary to enjoin and restrain the aforementioned Mining.

(C) There is hereby excepted from the prohibitions in this Section: (a) Mining that may be necessary so as to prepare ground for the construction of buildings or dwellings thereon, if such buildings or dwellings could not be constructed without the removal of the subjacent or lateral shafts, then such Mining is permissible; and (b) Mining pursuant to and to the extent of a valid, complete, fmal, and non-appealable permit, issued by the Indiana Department of Natural Resources or U.S. Office of Surface Mining Reclamation and Enforcement, and existing and continuously in use as of November 29, 2017.

Section 2. MORATORIUM ON MINING OR BLASTING NEAR UTILITY INFRASTRUCTURE AND STRUCTURES

(A) Pending further Ordinance of the Council, no person, firm, or corporation shall conduct or engage in Mining within one-thousand (1,000) feet of any of the City's utility infrastructure, including but not limited to utility wells, treatment facilities, or distribution and/or collection facilities (collectively "Utility Infrastructure"), or within one-thousand (1,000) feet of any residential or commercial structure. The provisions of this subsection shall apply within the City and within three (3) miles of the City's boundaries.

(B) Pending further Ordinance of the Council, no person, firm, or corporation shall, within one-thousand (1,000) feet of any of the City's Utility Infrastructure or any residential or commercial structure, conduct or engage in blasting or the use of explosives in the excavation of land or removal of materials from or below the surface of the earth, without the written permission of the Mayor and approval of the Council. The provisions of this subsection shall apply within the City and within three (3) miles of the City's boundaries.

(C) In addition to the general penalties provided by Ordinance, the City is further authorized to take whatever injunctive relief is necessary to enjoin and restrain the aforementioned Mining, blasting, or use of explosives within the City or within three (3) miles of the City's boundaries.

(D) There is hereby excepted from the prohibitions in this Section: (a) Mining that may be necessary so as to prepare ground for the construction of buildings or dwellings thereon, if such buildings or dwellings could not be constructed without the removal of the subjacent or lateral shafts, then such Mining is permissible; and (b) Mining pursuant to and to the extent of a valid, complete, final, and non-appealable permit, issued by the Indiana Department of Natural Resources or U.S. Office of Surface Mining Reclamation and Enforcement, and existing and continuously in use as of November 29,2017.

Section 3. MORATORIUM ON INDUSTRIAL USE OF WATERCOURSES

(A) Pending further Ordinance of the Council, no person, flrm or corporation shall, within the City or within three (3) miles outside of its corporate boundaries, withdraw water from a watercourse, divert water from a watercourse, or discharge fluids or other byproducts (including but not limited to water previously withdrawn or diverted from the watercourse and recycled or reintroduced into the watercourse), as a part of or in conjunction with industrial operations (collectively "Industrial Watercourse Use"), whether or not such industrial operations are Mining or Mining related activities, without the written permission of the Mayor and approval of the Council.

(B) In addition to the general penalties provided by Ordinance, the City is further authorized to take whatever injunctive relief is necessary to enjoin and restrain the aforementioned Industrial Watercourse Use.

(C) There is hereby excepted from the prohibitions in this Section: (a) Industrial Watercourse Use of less than three-hundred and ten (310) gallons per day, (b) use of a watercourse for on-site residential consumption, (c) use of a watercourse by a political

subdivision, or (c) to the extent of existing and continuous Industrial Watercourse Use as of November 29, 2017.

Section 4. Additional Exceptions. Upon a written request from an applicant, the Council may authorize an exception to any of the restrictions set forth in this Ordinance when, in its sole discretion, undue hardship may result from strict compliance. In granting any exception, the Council must make a finding at a public meeting that the granting of the exception will not be detrimental to the purposes of this Ordinance, nor will the exception be detrimental to the public, health, safety, or welfare. In granting an exception, the Council may require such conditions as will secure, insofar as practicable, the objectives of this Ordinance.

Section 5. Territorial Authority. The regulations sets forth in Sections 1, 2, and 3 of this Ordinance shall not apply within the corporate boundaries of any other municipality, nor outside of Warrick County.

Section 6. Legal Action. The Mayor is authorized to take legal action, including but not limited to intervening in any trial or administrative proceeding, to enforce and give effect to the terms and objections of this Ordinance.

Section 7. Severability. The provisions, terms, prohibitions, territory, and extent of this Ordinance are severable. In the event any one or more of the provisions contained in this Ordinance should be held invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired and shall remain in full force and effect, and in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision will be added as a part of this Ordinance that is as similar to the illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.

Section 8. Superseding Clause. All prior ordinances or parts thereof in conflict with the terms and conditions of this Ordinance are hereby repealed and replaced to the extent of the conflict.

Section 9. Effective Date. This Ordinance shall be in full force and effect from and after its passage as provided by applicable law, and shall expire on December 1, 2018, unless extended, amended, or replaced by further ordinance prior to such expiration date.

Tammy Boruff,

Boonville Clerk-Treasurer

Dated: 11-29-2017

12/28 hspaxlp

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