[HISTORY: Adopted by the Town Board of the Town of Perinton 9-12-2012 by L.L. No.
8-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Board — See Ch. 16.
Conservation easements — See Ch. 103.
Energy conservation — See Ch. 112.
Wind energy conversion — See Ch. 204.
[1]
Editor’s Note: This chapter was adopted as Ch. 205 but
was renumbered in order to retain the alphabetical organization of
the Code.
The Town of Perinton believes that the protection of residents, neighborhoods, and the natural environment is an appropriate use of its police powers. Allowing one or more of the explicitly prohibited uses described in § 144-2 to be conducted in the Town of Perinton would likely be hazardous to the public health, safety and welfare of the inhabitants of the Town, causing air pollution, dust, odors, and excessive truck traffic to and from the sites of such uses. Furthermore, the high costs associated with the disposal of natural gas and/or petroleum extraction, exploration or production wastes (as defined in § 144-5) have in other localities resulted and could, in our Town, result in such material being deposited along roadways, in vacant lots, or business sites or in other unauthorized places. The purpose of this chapter is to avoid the adverse impacts from these prohibited uses and to protect the health, safety and welfare of the Town residents.
A.
The following uses and activities (being respectively defined in § 144-5 below of this Chapter 144) are hereby expressly and explicitly prohibited in each and every zoning district within the Town, and no building or structure shall be created, altered or erected, and no body of water, land or building thereon shall be used, for any of such uses or activities:
(1)
Land application facility;
(2)
Natural gas and/or petroleum exploration activities;
(3)
Natural gas and/or petroleum extraction activities;
(4)
Natural gas and/or petroleum extraction, exploration or production
wastes disposal/storage facility;
(5)
Natural gas and/or petroleum extraction, exploration or production
wastes dump;
(6)
Natural gas compression facility;
(7)
Natural gas processing facility;
(8)
Nonregulated pipelines;
(9)
Underground injection; and
(10)
Underground natural gas storage.
A.
The Town of Perinton 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 chapter complies with at least
the minimum applicable requirements set forth in such statute, and
the rules and regulations promulgated pursuant to said Article 27.
B.
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, except
for methane gas which is produced at a permitted landfill within the
Town of Perinton.
The prohibitions set forth above in this Chapter 144 are not intended, and shall not be construed, to prevent or prohibit:
A.
The right to use roadways in commerce or otherwise for travel;
B.
The transmission of natural gas through utility pipes, lines, or
similar appurtenances for the limited purpose of supplying natural
gas to residents of or buildings located in the Town; or
C.
The incidental or normal sale, storage, or use of lubricating oil,
heating oil, gasoline, diesel fuel, kerosene, or propane in connection
with legal agriculture, residential, business, commercial, and other
uses within the Town.
For purposes of this chapter, the following terms shall have
the meanings respectively set forth below:
The use of the land for agricultural purposes, including,
but not limited to, dairying, pasturage, truck farms or nurseries,
greenhouses, horticulture, viticulture and apiaries, animal and poultry
husbandry and the necessary accessory uses for storage; provided,
however, that the operation of any such accessory use shall be incidental
to that of the principal agricultural activities.
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.
Any system of pipelines (and other equipment such as drip
stations, vent stations, pigging facilities, valve boxes, 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).
A bored, drilled or driven shaft or a dug hole through which
fluids (which may or may not include semisolids) are injected into
the subsurface.
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.
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, excluding any
gas produced by a permitted landfill.
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.
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, excluding any gas produced by a permitted landfill.
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, 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;
Natural gas or petroleum drilling fluids;
Natural gas or petroleum exploration, drilling, production or
processing wastes;
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);
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;
Soil contaminated in the drilling, transportation, processing
or refining of natural gas or petroleum;
Drill cuttings from natural gas or petroleum wells; or
Any other wastes associated with the exploration, drilling,
production or treatment of natural gas or petroleum.
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).
Any of the following:
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.
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.
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.
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.
All parts of those physical facilities through which petroleum,
gas, 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.
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.
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
Below the surface of the earth, or of a body of water, as
the context may require.
A pipeline that transports petroleum, natural gas, or water
to end users as a public utility and which is subject to regulation
either by:
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes by or into an injection well.
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.
