This article shall be known as the "Prohibition of Gas and Petroleum
Exploration and Extraction Activities, Underground Storage of Natural
Gas, and Disposal of Natural Gas or Petroleum Extraction, Exploration,
and Production Wastes."
For purposes of this article, 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 § 301
of the New York State Agriculture and Markets Law).
BELOW REGULATORY CONCERN
Refers to radioactive material in a quantity or of a level
that is distinguishable from background radiation (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 Village.
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 semisolids) are injected into the subsurface and
less than 90% of such fluids return to the surface within a period
of 90 days.
LAND APPLICATION FACILITY
A site where any natural gas exploration and/or petroleum
production wastes are applied to the soil surface or injected into
the upper layer of the soil.
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
A.
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," or "hazardous" or
"toxic" substances, materials, or wastes, and whether or not such
substances are generally characterized as waste:
(1)
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 Village, whether naturally occurring or
otherwise, in any case relating to, arising in connection with, or
produced by or incidental to the exploration for, the extraction or
production of, or the processing, treatment, or transportation of
natural gas, petroleum, or any related hydrocarbons;
(2)
Natural gas or petroleum drilling fluids;
(3)
Natural gas or petroleum exploration, drilling, production or
processing wastes;
(4)
Natural gas or petroleum drilling treatment wastes (such as
oils, frac fluids, produced water, brine, flowback, sediment and/or
any other liquid or semiliquid material);
(5)
Any chemical, waste oil, waste-emulsified oil, mud, or sediment
that was used or produced in the drilling, development, transportation,
processing or refining of natural gas or petroleum;
(6)
Soil contaminated in the drilling, transportation, processing
or refining of natural gas or petroleum;
(7)
Drill cuttings from natural gas or petroleum wells; or
(8)
Any other wastes associated with the exploration, drilling,
production or treatment of natural gas or petroleum.
B.
This definition specifically intends to include some wastes
that may otherwise be classified as "solid wastes which are not hazardous
wastes" under 40 CFR 261.4(b). The definition of "natural gas and/or
petroleum extraction, exploration or production wastes" does not include
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; pits; evaporation ponds; or other facilities,
in any case used for the storage or treatment of natural gas and/or
petroleum extraction, exploration or production wastes that are being
held for initial use; have been used and are being held for subsequent
reuse or recycling; are being held for treatment; or are being held
for storage.
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES
Any one or more of the following:
A.
Natural gas compression facility;
B.
Natural gas processing facility;
C.
Natural gas and/or petroleum extraction, exploration or production
wastes disposal/storage facility;
D.
Natural gas and/or petroleum extraction, exploration or production
wastes dump;
E.
Land application facility;
F.
Underground injection; or
G.
Underground natural gas storage.
NATURAL GAS COMPRESSION FACILITY
A facility or combination of facilities that moves natural
gas or petroleum from production fields or natural gas processing
facilities in pipelines or into storage. The term shall include equipment
for liquids separation and natural gas dehydration, and tanks for
the storage of waste liquids and hydrocarbon liquids.
NATURAL GAS PROCESSING FACILITY
A facility that separates and recovers 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:
A.
Cleaning or stripping gas;
D.
Treating or removing oil or condensate;
G.
Removing sulfur or carbon dioxide;
H.
Fractionation of NGLs; or
I.
The capture of carbon dioxide separated from natural gas streams.
PERSON
Any individual, public or private corporation, for profit
or not for profit, or any association, partnership, limited-liability
company, limited-liability partnership, firm, trust, estate, or any
other legal entity whatsoever which is recognized by law as the subject
of rights and duties.
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 New York State Department of Labor, the United
States Nuclear Regulatory Commission, the United States Environmental
Protection Agency, the United States Department of Energy, the United
States Department of Transportation, or any other regulatory agency.
SUBSURFACE
Below the surface of the earth, or below the surface of a
body of water, as the context may require.
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.
VILLAGE
The Village of Naples, Ontario County, New York.
Notwithstanding any provision hereof to the contrary, any natural
gas and/or petroleum extraction activities that are being conducted
in the Village as of the effective date of this article shall be subject
to the following:
A. Criteria for grandfathering.
(1) If, as of the effective date of this article, substantive natural gas and/or petroleum extraction activities are occurring in the Village and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including, without limitation, pursuant to and in compliance with all valid permits required to be issued by the New York State Department of Environmental Conservation ("DEC") and all other regulating agencies, then and only then shall such activity be considered a preexisting, nonconforming use and be allowed to continue, subject, however, to the provisions of Subsections
B and
C of this §
385-79.
(2) Natural gas and/or petroleum extraction activities that are being conducted in the Village as of the effective date of this article and which do not qualify for treatment under the preceding Subsection
A(1) of this §
385-79 shall not be grandfathered and shall in all respects be prohibited as contemplated by §
385-77 hereof.
B. Upon the depletion of any well which is allowed to remain in operation after the effective date of this article by virtue of Subsection
A(1) of this §
385-79, or upon any other substantive cessation of natural gas and/or petroleum extraction activities (otherwise grandfathered by virtue of Subsection
A(1) of this §
385-79) for a period of more than 12 months, then and in such event the "nonconforming use" status of such activity shall terminate, and thereafter such natural gas and/or petroleum extraction activities shall in all respects be prohibited as contemplated by §
385-77 hereof.
C. Notwithstanding any provision hereof to the contrary, the "preexisting, nonconforming" status conferred and recognized by Subsection
A(1) of this §
385-79 is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum extraction activities extending beyond whatever well bore is authorized in any DEC permit in existence as of the effective date of this article. Any expansion or attempted or purported expansion shall not be grandfathered under Subsection
A(1) of this §
385-79, and instead shall in all respects be prohibited as contemplated by §
385-77 hereof. Grandfathered and allowed lawful preexisting uses neither have nor possess any right to expand such nonconforming use, whether above or below ground, and no such right shall be deemed, construed, or implied to exist.
Except as contemplated by §
385-81 of this article, no permit or approval issued by any local agency, department, commission or board shall be deemed valid when or to the extent that such permit or approval purports to allow or permit any activity that would violate the prohibitions set forth at §
385-77 of this article.
If any word, phrase, sentence, part, section, subsection, or
other portion of this article, or the application thereof to any person
or to any circumstance, is adjudged or declared invalid or unenforceable
by a court or other tribunal of competent jurisdiction, then, and
in such event, such judgment or declaration shall be confined in its
interpretation and operation only to the provision of this article
that is directly involved in the controversy in which such judgment
or declaration is rendered, and such judgment or declaration of invalidity
or unenforceability shall not affect or impair the validity or enforceability
of the remainder of this article or the application hereof to any
other persons or circumstances. If necessary as to such person or
circumstances, such invalid or unenforceable provision shall be deemed
severed herefrom, and the Village Board of the Village hereby declares
that it would have enacted this article, or the remainder thereof,
even if, as to particular provisions and persons or circumstances,
a portion hereof is severed or declared invalid or unenforceable.
During the time this article is in effect, it is the specific
intent of the Village Board to supersede any inconsistent provisions
of any and all other local ordinances, local laws, or local resolutions
or policies of the Village of Naples.
This article shall take effect immediately upon filing with
the New York Department of State.