Town of Jerusalem, NY Explicitly Prohibited Uses

Any condition caused or permitted to exist in violation of this Subsection A is a threat to public health, safety and welfare, and is hereby declared and deemed to be a nuisance. Collectively, the above expressly prohibited uses may be referred to in this chapter as "explicitly prohibited uses;" any one of the above expressly prohibited uses may be referred to in this chapter as an "explicitly prohibited use;" and any combination of more than one such use may also be referred to as "explicitly prohibited uses."

Prohibition against natural gas and/or petroleum extraction, exploration or production wastes. The Town of Jerusalem hereby exercises its authority and right under NY ECL § 27-0711 to adopt a local law that is consistent with the Environmental Conservation Law Article 27, such consistency demonstrated by the fact that this Local Law complies with at least the minimum applicable requirements set forth in such statute, and the rules and regulations promulgated pursuant to said Article 27. It shall be unlawful for any person to produce, store, inject, discard, discharge, dispose release, or maintain, or to suffer, cause or permit to be produced, stored, injected, discarded, discharged, disposed, released, or maintained, anywhere within the Town, any natural gas and/or petroleum extraction, exploration or production wastes.

Defined terms. For purposes of this chapter, the following terms shall have the meanings respectively set forth below:

AGRICULTURE USE

Land used for the production of crops and/or livestock and livestock products (as those terms are defined at Section § 301 of the New York State Agriculture and Markets Law).

BELOW-REGULATORY CONCERN

Radioactive material in a quantity or of a level that is distinguishable from background (as that phrase is defined at 10 CFR 20.1003), but which is below the regulation threshold established by any regulatory agency otherwise having jurisdiction over such material in the Town.

EXEMPTED VEHICLES

Any of the following:

Vehicles for agricultural use;

School buses or other mass transit buses;

GATHERING LINE OR PRODUCTION LINE

Emergency vehicles;

(4)

Military vehicles driven by active duty military personnel; or

(5)

Trucks used in the construction, repair or maintenance of state, county, or Town roads or other public structures or property.

EXPLOSIVE MATERIALS

Substances capable of undergoing decomposition or combustion with great rapidity, involving much heat and producing a large volume of gas. The reaction products fill a much greater volume than that occupied by the original material and exert an enormous pressure, which can be used for blasting and for propelling. Examples include TNT, dynamite, nitroglycerin, and ammonium nitrate.

FLAMMABLE

A solid, liquid or gas that will ignite easily and burn rapidly.

Any system of pipelines (and other equipment such as drip stations, vent stations, pigging facilities, valve box, transfer pump station, measuring and regulating equipment, yard and station piping, and cathodic protection equipment), used to move oil, gas, or liquids from a point of production, treatment facility or storage area to a transmission line, which is exempt from the Federal Energy Regulatory Commission's jurisdiction under section 1(b) of the Natural Gas Act, and which does not meet the definition of a "major utility transmission facility" under the Public Service Law of New York, Article 7, § 120(2)(b).

GROSS VEHICLE WEIGHT RATING

The weight specified by the manufacturer as the maximum load weight (truck plus cargo) of a vehicle.

HIGH-FREQUENCY, HIGH-IMPACT TRUCK TRAFFIC

Any one of the following:

More than 20 one-way trips by high-impact trucks to or from the site of the proposed use during any twenty-four-hour period at any time during the duration of the use; or

More than 50 one-way trips by high-impact truck to or from the site of the proposed use during any seven-day period at any time during the duration of the use; or

More than 700 one-way trips by high-impact truck to or from the site of the proposed use during any three-hundred-sixty-five-day period during the duration of the use.

HIGH-IMPACT TRUCK

A truck or tractor, as defined in the Vehicle and Traffic Law, with three or more axles, or ten or more wheels, and capable of hauling a gross vehicle weight of 34,000 pounds or more. High-impact truck does not include exempted vehicles.

INJECTION WELL

A bored, drilled or driven shaft whose depth is greater than the largest surface dimension, or a dug hole whose depth is greater than the largest surface dimension, through which fluids (which may or may not include semi-solids) are injected into the subsurface and 90% or more of such fluids do not return to the surface within a period of 90 days. The definition of "injection wells" does not include:

Single-family septic systems that receive solely residential waste;

Drainage wells used to drain surface fluids, primarily storm runoff, into the ground;

LAND APPLICATION FACILITY

Geothermal wells associated with the recovery of geothermal energy for heating or production of electric power; or

(4)

Bore holes drilled to produce potable water to be used as such.

A site where any natural gas and/or petroleum extraction, exploration or production wastes are applied to the soil surface or injected into the upper layer of the soil.

LARGE-SCALE WATER USE

Any water withdrawal or sequestering water use of over 100,000 gallons of water in any thirty-day period from water resources within the Town. Large-scale water use does not include water withdrawn for agriculture use, for emergency uses such as fire fighting, or for drinking, recreational, cooking, washing, or sanitary purposes and used within the Town.

NATURAL GAS

Methane and any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.

NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES

Geologic or geophysical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic surveying and sampling techniques, but only to the extent that such activities involve or employ core, rotary, or any other type of drilling or otherwise making any penetration or excavation of any land or water surface in the search for and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits.

NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES

The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons, including without limitation any and all forms of shale fracturing.

NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION WASTES

Any of the following in any form, and whether or not such items have been excepted or exempted from the coverage of any federal or state environmental protection laws, or have been excepted from statutory or regulatory definitions of "industrial waste," "hazardous," or "toxic," and whether or not such substances are generally characterized as waste: below-regulatory concern radioactive material, or any radioactive material which is not below-regulatory concern, but which is in fact not being regulated by the regulatory agency otherwise having jurisdiction over such material in the Town; crude oil or natural gas drilling fluids; crude oil or natural gas exploration, drilling, production or processing wastes; crude oil or natural gas drilling treatment wastes (such as oils, frac fluids, produced water, brine, flowback, sediment and/or any other liquid or semi-liquid material); any chemical, waste oil, waste emulsified oil, mud, or sediment that was used or produced in the drilling, development, transportation, processing or refining of crude oil or natural gas; soil contaminated in the drilling, transportation, processing or refining of crude oil or natural gas; drill cuttings from crude oil or natural gas wells; or any other wastes associated with the exploration, drilling, production or treatment of crude oil or natural gas. This definition specifically intends to include some wastes that may otherwise be classified as solid wastes which are not hazardous wastes under 40 C.F.R. 261.4(b). The definition of natural gas and/or petroleum extraction, exploration or production wastes does not include animal manure and/or recognizable and nonrecognizable food wastes, or waste generated by agriculture use.

NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION WASTES DISPOSAL/STORAGE FACILITY

Any of the following:

Tanks of any construction (metal, fiberglass, concrete, etc.);

Impoundments;