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 geological 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.
The Town Supervisor or, at the Town Supervisor's option,
any department head appointed by the Town Supervisor 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 Town Supervisor or such department head 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 §
159-2 herein shall be an unclassified misdemeanor punishable by a fine of no less than $2,000 nor more than $30,000 per violation and/or up to 90 days' imprisonment, or both. Each sale and/or application of natural gas waste shall constitute a separate and distinct violation.
If any section or subsection, paragraph, clause, phrase or provision
of this chapter shall be adjudged invalid or held unconstitutional
by any court of competent jurisdiction, any judgment made thereby
shall not affect the validity of this chapter as a whole or any part
thereof other than the part or provisions so adjudged to be invalid
or unconstitutional.