[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.
The fracturing of shale formations by man-made, fluid-driven
techniques for the purpose of stimulating natural gas or other subsurface
hydrocarbon production.
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.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
