[HISTORY: Adopted by the Town Board of the Town of Carmel 8-7-2013 by L.L. No. 2-2013. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The physical act of placing or spreading natural gas waste.
- 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 and/or geophysical activities related to the exploration for and/or extraction of natural gas and/or other subsurface hydrocarbon deposits, including but not limited to core and rotary drilling and/or 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 introduction of natural gas into any wastewater treatment facility within the Town of Carmel, regardless of whether owned by the Town of Carmel, and duly formed improvement district of the Town of Carmel or any other entity, public or private, is prohibited.
The application of natural gas waste on any Town of Carmel owned road, Town-owned property or privately owned real property within the Town of Carmel is prohibited.
All contracts and bid specifications related to the purchase or acquisition of materials to be used to construct or maintain a Town road shall include a provision stating that no materials containing natural gas waste shall be provided to, utilized or incorporated within the goods and/or services rendered/provided to the Town of Carmel in connection therewith.
All contracts and bids related to the retention or securing of services in connection with the construction, maintenance and/or reclamation of any Town road shall include a provision stating that no materials containing natural gas waste shall be provided to, utilized or incorporated within the goods and/or services rendered/provided to the Town of Carmel in connection therewith.
The Town Supervisor or, at the option of the Town Supervisor, any department head or Superintendent of Highways is authorized to develop policies and procedures to ensure the familiarity of Town employees with the provisions of this chapter and to take such steps as are directed by the Supervisor or Superintendent of Highways to ensure a diligent effort by the Town that materials supplied to the Town or used on Town roads or property comply with this chapter. This section shall not excuse noncompliance by a contractor of vendor of the Town.
This chapter shall be enforceable by the Town of Carmel Building Inspector and/or any other individual duly authorized by resolution of the Town of Carmel Town Board.
Any violation of this chapter shall be an unclassified misdemeanor offense punishable by a minimum fine of $1,000 and not to exceed $10,000 per violation of this chapter and/or up to 30 days' imprisonment.
If any clause, sentence, subparagraph, subsection or section of this chapter shall be held invalid by any court of competent jurisdiction or the application of this chapter 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 chapter directly involved in the controversy in which the judgment shall have been rendered. To further this end, the provisions of this chapter are hereby declared to be severable.