[HISTORY: Adopted by the Town Board of the Town of Red Hook
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-14-2013 by L.L. No. 1-2013[1]]
[1]
Editor's Note: This local law was originally adopted
as Ch. 49 but was renumbered to maintain the organizational structure
of the Code.
This article shall be known by and may be cited as the "Brine
Prohibition Act."
As used in this article, the following terms shall have the
following meanings:
The physical act of placing natural gas and oil production
by-products on one or more Town roads or one or more pieces of Town
property. Each time a person stops the placement of natural gas and
oil production by-products for any reason, including but not limited
to stopping a vehicle used in the placement or reloading or replacing
of any material or equipment and then resuming placement, shall be
deemed a separate application. Each application shall be deemed a
separate and distinct violation.
Any refuse, sludge, or other waste materials, whether or
not recycled or reused or intended to be recycled or reused, including
solid, liquid, semisolid, or contained gaseous material that results
from, is associated with or is produced as a by-product of the exploration,
drilling or extraction of natural gas and oil and other subsurface
hydrocarbons, including without limitation production brine, produced
waters, flowback, flowback fluids or hydraulic fracturing fluids.
Any public road, street, or bridge owned, maintained or controlled
by the Town of Red Hook.
The application of natural gas and oil production wastes on
any Town road or property, whether as a de-icing substance or for
any other purpose, is prohibited.
The Town Supervisor and Highway Superintendent are authorized
to develop policies to ensure that Town employees are familiar with
this article and take such steps as are required to ensure that materials
supplied to the Town or used on Town roads or properties comply with
this article. This shall not excuse noncompliance by a contractor
or vendor of the Town.
A.Â
Violation of any provision of this article is an unclassified misdemeanor
and punishable by a maximum fine of $1,000 and/or imprisonment of
up to one year for each separate violation.
B.Â
Additionally, the Town may seek civil penalties in the amount of
$15,000 per violation and/or a restraining order or injunction from
a court of competent jurisdiction, or seek any other available remedy.
C.Â
Each application of brine shall constitute a separate and distinct
violation.
