[HISTORY: Adopted by the Town Board of the Town of New Paltz as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-15-2012 by L.L. No. 4-2012]
Editor's Note: This local law was originally adopted as Ch. 54 but was renumbered to maintain the organizational structure of the Code.
This article shall be known by and may be cited as the "Brine Prohibition Act."
As used in this article, the following terms shall have the following meanings:
- The physical act of placing natural gas and oil production by-products on one or more Town roads or one or more pieces of Town property. Each physical act shall be deemed a separate violation. Each time a person stops the placement of natural gas and oil production by-products for any reason, including but not limited to stopping a vehicle used in the placement or reloading or replacing of any material or equipment and then resuming placement, shall be deemed a separate application.
- NATURAL GAS AND OIL EXPLORATION
- The use of land for geological or geophysical activities related to the search for natural gas, oil or other subsurface hydrocarbons, including prospecting, geophysical and geological seismic surveying and sampling techniques, which include but are not limited to core or rotary drilling or making an excavation in the search and evaluation of natural gas, oil or other subsurface hydrocarbon deposits.
- NATURAL GAS AND OIL EXTRACTION
- The use of land for the purpose of extracting, developing and producing natural gas, oil or other subsurface hydrocarbons from subsurface deposits. Natural gas and oil extraction includes storage or construction staging yards associated with an oil or gas extraction operation, and gas pipelines, water lines and other gathering systems and components, including but not limited to drip stations, vent stations, injection stations and valve boxes associated with a natural gas or oil extraction operation.
- NATURAL GAS AND OIL PRODUCTION BY-PRODUCTS
- Any refuse, sludge or other waste materials, whether or not recycled or reused or intended to be recycled or reused, including solid, liquid, semisolid, or contained gaseous material that results from, is associated with or is produced as a by-product of natural gas and oil exploration or extraction, including, without limitation, production brine, produced waters, flowback, flowback fluids or hydraulic fracturing fluids.
- Any public road, street, or bridge owned, maintained or controlled by the Town of New Paltz.
The application of natural gas and oil production by-products on any Town road or property, whether as a de-icing substance or for any other purpose, is prohibited.
The Town Council and Highway Superintendent are authorized to develop policies to ensure that Town employees are familiar with this article and to take such steps as are required to ensure that materials supplied to the Town or used on Town roads or properties comply with this article. This shall not excuse noncompliance by a contractor or vendor of the Town.
Violation of this article is a misdemeanor and punishable by a maximum fine of $500 and/or imprisonment for up to 15 days for each separate offense.