[HISTORY: Adopted by the Town Board of the Town of Southeast 4-18-2013 by L.L. No.
6-2013. 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 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.
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.Â
The introduction of natural gas waste into any wastewater treatment
facility within the Town of Southeast which is either privately operated
or operated by the Town of Southeast or any special benefit district
thereof is prohibited.
B.Â
The sale of natural gas waste within the Town of Southeast is prohibited.
C.Â
The application of natural gas waste on any Town road or privately
owned real property located within the Town of Southeast is prohibited.
A.Â
All bids and contracts 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 the Town.
B.Â
All bids and contracts related to the retention of services to construct
or maintain a Town road shall include a provision stating that no
materials containing natural gas waste shall be utilized in providing
such a service.
The Supervisor or, at the Supervisor's option, any department
head or Superintendent of Highways is authorized to develop policies
to ensure Town employees are familiar with the provisions of this
chapter and 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
or vendor of the Town.
Any violation of any section of this chapter 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 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.
