[HISTORY: Adopted by the Town Board of the Town of Southampton 4-22-2014 by L.L. No. 9-2014. 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 geological 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.
The introduction of natural gas waste into any wastewater treatment facility within the Town of Southampton which is either privately operated or operated by the Town of Southampton is prohibited.
The sale or acceptance of natural gas waste within the Town of Southampton is prohibited.
The application of natural gas waste on road or real property located within the Town of Southampton is prohibited.
All Town-initiated bids and contracts related to the purchase or acquisition of materials to be used to construct or maintain a Town road or other Town facility/property shall include a provision stating that no materials containing natural gas waste shall be provided to the Town.
All Town-initiated 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 service.
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 chapter 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 chapter. This section shall not excuse noncompliance by a contractor or vendor of the Town.
Any violation of § 159-2 herein shall be an unclassified misdemeanor punishable by a fine of no less than $2,000 nor more than $30,000 per violation and/or up to 90 days' imprisonment, or both. Each sale and/or application of natural gas waste shall constitute a separate and distinct violation.
If any section or subsection, paragraph, clause, phrase or provision of this chapter shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this chapter as a whole or any part thereof other than the part or provisions so adjudged to be invalid or unconstitutional.