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:
(1)
Vehicles for agricultural use;
(2)
School buses or other mass transit buses;
(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.
GATHERING LINE OR PRODUCTION LINE
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).
HIGH-FREQUENCY, HIGH-IMPACT TRUCK TRAFFIC
Any one of the following:
(1)
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
(2)
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
(3)
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:
(1)
Single-family septic systems that receive solely residential
waste;
(2)
Drainage wells used to drain surface fluids, primarily storm
runoff, into the ground;
(3)
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.
LAND APPLICATION FACILITY
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 DUMP
Land upon which natural gas and/or petroleum extraction,
exploration or production wastes, or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use.
NATURAL GAS COMPRESSION FACILITY
Those facilities or combination of facilities that move natural
gas or oil from production fields or natural gas processing facilities
in pipelines or into storage; the term shall include equipment for
liquids separation, natural gas dehydration, and tanks for the storage
of waste liquids and hydrocarbon liquids.
NATURAL GAS PROCESSING FACILITY
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other nonmethane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas, cooking and dehydration, residual refinement, treating
or removing oil or condensate, removing water, separating NGLs, removing
sulfur or carbon dioxide, fractionation of NGLs, or the capture of
CO2 separated from natural gas streams.
NONREGULATED PIPELINES
Those pipelines that are exempt or otherwise excluded from
regulation under federal and state laws regarding pipeline construction
standards or reporting requirements; specifically includes production
lines and gathering lines.
PIPELINE
All parts of those physical facilities through which petroleum,
natural gas, other gaseous substances, hazardous liquids, or chemicals
move in transportation (including pipes, valves and other equipment
and appurtenances attached to pipes and other equipment such as drip
stations, vent stations, pigging facilities, valve boxes, transfer
pump stations, measuring and regulating equipment, yard and station
piping, and cathodic protection equipment) whether or not laid in
public or private easement or private right-of-way within the Town.
This term includes, without limitation, gathering lines, production
lines, and transmission lines.
PRIVATE WATER SYSTEM
A system for the provision of water for human or animal consumption
through pipes or other constructed conveyances, where such system
has fewer than 15 service connections or regularly serves fewer than
25 individuals.
RADIATION
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
RADIOACTIVE MATERIAL
Material in any form that emits radiation, but only if such
material has been moved from its naturally occurring location through
an industrial process. Such material is "radioactive material" for
purposes hereof, whether or not it is otherwise exempt from licensing
and regulatory control pursuant to the NYS Department of Labor, the
US Nuclear Regulatory Commission, the US Environmental Protection
Agency, the US Department of Energy, the US Department of Transportation,
or any other regulatory agency.
SEQUESTERING WATER USE
Water that by virtue of the use in question is sequestered
from the natural hydrologic cycle. This term does not include water
that has evaporated, transpired, been consumed by humans or livestock,
used for irrigating crops, or otherwise returned to the atmosphere
or incorporated into food products.
SUBSURFACE
Below the surface of the earth, or of a body of water, as
the context may require.
TRANSMISSION LINE
A pipeline that transports oil, gas, or water to end users
as a public utility and which is subject to regulation either by the
Federal Energy Regulatory Commission's jurisdiction under § 1(b)
of the Natural Gas Act, or as a "major utility transmission facility"
under the Public Service Law of New York, Article 7, § 120(2)(b).
UNDERGROUND INJECTION
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes by or into an injection well.
UNDERGROUND NATURAL GAS STORAGE
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location for the primary purpose of load balancing the production
of natural gas. Includes compression and dehydration facilities, and
pipelines.
WATER OR WATER RESOURCES
All streams, ditches, lakes, ponds, marshes, vernal pools,
watercourses, waterways, wells, springs, drainage systems, and all
other bodies or accumulations of water, surface or underground, intermittent
or perennial, which are contained in, flow through or border upon
the Town or any portion thereof.
WATER WITHDRAWAL
Removal or capture of water from water resources within the
Town.