Town of Warwick, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Warwick 2-26-2013 by L.L. No. 2-2013. Amendments noted where applicable.]
This chapter shall be known by and may be cited as the "Brine Prohibition Act."
As used in this chapter, the following terms shall have the following meanings:
The physical act of placing natural gas and oil production byproducts 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 byproducts 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.
Any refuse, sludge, or other waste materials, whether or not recycled or reused or intended to be recycled or reused, including solid, liquid, semi-solid, or contained gaseous material that results from, is associated with or produced as a byproduct of the exploration, drilling or extraction of natural gas and oil and other subsurface hydrocarbons, 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 Warwick.
The application of natural gas and oil production wastes on any Town road or property, whether as a deicing substance or for any other purpose, is prohibited.
The Town Supervisor and the Superintendent of Highways are authorized to develop policies to ensure Town employees are familiar with this chapter and take such steps as are required to ensure that materials supplied to the Town or used on Town roads or properties comply with this chapter. This shall not excuse noncompliance by a contractor or vendor of the Town.
Violation of this chapter is a misdemeanor and punishable by a maximum fine of $1,000 and/or imprisonment of up to one year for each separate offense.
In addition, the Town may seek all appropriate civil remedies, including penalties not to exceed $15,000 per offense.