[Adopted 9-25-2013 by L.L. No. 5-2013]
As used in this article, the following terms shall have the
meanings indicated:
HYDRAULIC FRACTURING
The fracturing of shale formations by man-made fluid-driven
techniques for the purpose of stimulating natural gas or other subsurface
hydrocarbon production.
NATURAL GAS EXTRACTION ACTIVITIES
All geologic or geophysical activities related to the exploration
for or extraction of natural gas or other subsurface hydrocarbon deposits,
including, but not limited to, core and rotary drilling and hydraulic
fracturing.
NATURAL GAS WASTE
Any waste which is generated as a result of natural gas extraction
activities, which may consist of water, chemical additives, or naturally
occurring radioactive materials ("NORMs") and heavy metals. Natural
gas waste includes, but is not limited to, leachate from solid wastes
associated with natural gas extraction activities.
The Town Supervisor or, at the Town Supervisor's option, any
department head appointed by the Town Supervisor, is authorized to
develop policies to ensure Town employees are familiar with the provisions
of this article and take such steps as are directed by the Town Supervisor
or such department head to ensure a diligent effort by the Town that
materials supplied to the Town or used on Town roads or property comply
with this article. This section shall not excuse noncompliance by
a contractor or vendor of the Town.
Any violation of §
104-2 of this article shall be an unclassified misdemeanor punishable by a fine not to exceed $25,000 per violation and/or up to 30 days' imprisonment. Each sale and/or application of natural gas waste shall constitute a separate and distinct violation.
If any clause, sentence, subparagraph, subsection or section
of this article shall be held invalid by any court of competent jurisdiction,
or the application of this article to any person or set of circumstances
shall be held invalid, such invalidity or judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, subparagraph, subsection,
or operation of this article directly involved in the controversy
in which the judgment shall have been rendered. To further this end,
the provisions of this article are hereby declared to be severable.