[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[1]]
[1]
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.
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.
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.
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.
