As used in this chapter, the following terms shall have the
meanings indicated:
APPLICATION
The physical act of placing or spreading natural gas waste.
HYDRAULIC FRACTURING
The fracturing of shale formations by man-made, fluid-driven
techniques for the purpose of stimulating natural gas or other subsurface
hydrocarbon production.
NATURAL GAS EXTRACTION ACTIVITIES
All geologic or geophysical activities related to the exploration
for or extraction of natural gas or other subsurface hydrocarbon deposits,
including, but not limited to, core and rotary drilling and hydraulic
fracturing.
NATURAL GAS WASTE
Any waste which is generated as a result of natural gas extraction
activities, which may consist of water, chemical additives, or naturally
occurring radioactive materials ("NORMs") and heavy metals. Natural
gas waste includes, but is not limited to, leachate from solid wastes
associated with natural gas extraction activities.
The Supervisor or, at the Supervisor's option, any department
head or Superintendent of Highways is authorized to develop policies
to ensure Town employees are familiar with the provisions of this
chapter and take such steps as are directed by the Supervisor or Superintendent
of Highways to ensure a diligent effort by the Town that materials
supplied to the Town or used on Town roads or property comply with
this chapter. This section shall not excuse noncompliance by a contractor
or vendor of the Town.
Any violation of any section of this chapter shall be an unclassified
misdemeanor punishable by a fine not to exceed $25,000 per violation
and/or up to 30 days' imprisonment. Each sale and/or application
of natural gas waste shall constitute a separate and distinct violation.
If any clause, sentence, subparagraph, subsection or section
of this chapter shall be held invalid by any court of competent jurisdiction,
or the application of this chapter to any person or set of circumstances
shall be held invalid, such invalidity or judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, subparagraph, subsection, or
operation of this chapter directly involved in the controversy in
which the judgment shall have been rendered. To further this end,
the provisions of this chapter are hereby declared to be severable.