Town of Mamakating, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamakating 9-16-2014 by L.L. No. 8-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 199.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICATION
The physical act of placing or spreading natural gas extraction waste or oil extraction waste on any road or real property located within the Town.
HYDRAULIC FRACTURING
A stimulation technique using the introduction of high-pressure volumes of water, liquid mixtures of chemicals and substances, or other gas, liquid, substances, or combination of thereof, into a subsurface carbon-bearing formation to create fractures to increase formation permeability or otherwise enhance the productivity of such formation.
NATURAL GAS EXTRACTION ACTIVITIES
All geologic or geophysical activities related to the exploration for or extraction of natural gas, including, but not limited to, core and rotary drilling and hydraulic fracturing.
A. 
Any liquid or solid waste or its constituents that is generated as a result of natural gas extraction activities, which may consist of water, brine, chemicals, naturally occurring radioactive materials, heavy metals, or other contaminants;
B. 
Leachate from solid wastes associated with natural gas extraction activities;
C. 
Any waste that is generated as a result of or in association with the underground storage of natural gas;
D. 
Any waste that is generated as a result of or in association with liquefied petroleum gas well storage operations; and/or
E. 
Any products or byproducts resulting from the treatment, processing, or modification of any of the above wastes.
OIL EXTRACTION ACTIVITIES
All geologic or geophysical activities related to the exploration for or extraction of oil, including, but not limited, to, core and rotary drilling and hydraulic fracturing.
A. 
Any liquid or solid waste or its constituents that is generated as a result of oil extraction activities, which may consist of water, brine, chemicals, naturally occurring radioactive materials, heavy metals, or other contaminants;
B. 
Leachate from solid wastes associated with oil extraction activities; and/or
C. 
Any products or byproducts resulting from the treatment, processing, or modification of any of the above wastes.
PETROLEUM
Includes oil and crude oil.
TOWN
The Town of Mamakating.
A. 
The application of natural gas extraction waste or oil extraction waste, whether or not such waste has received a beneficial use determination pursuant to 6 NYCRR Part 360 or similar determination, on any road or real property located within the Town for any purpose is prohibited.
B. 
The introduction of natural gas extraction waste or oil extraction waste into any wastewater treatment facility within or operated by the Town is prohibited.
C. 
The introduction of natural gas extraction waste or oil extraction waste into any solid waste management facility within or operated by the Town is prohibited.
D. 
The sale, acquisition, storage, handling, treatment and/or processing of natural gas extraction waste or oil extraction waste within the Town is prohibited.
E. 
The transport of natural gas extraction waste or oil extraction waste on, under or along a Town roadway is prohibited.
A. 
All bids and contracts related to the purchase or acquisition of materials to be used to construct or maintain any publicly owned and/or maintained road or real property within the Town shall include a provision stating that no materials containing natural gas extraction waste or oil extraction waste shall be provided to the Town.
B. 
All bids and contracts related to the retention of services to construct or maintain any publicly owned and/or maintained road or real property within the Town shall include a provision stating that no materials containing natural gas extraction waste or oil extraction waste shall be utilized in providing such a service.
C. 
The following statement, which shall be a sworn statement under penalty of perjury, shall be included in all bids related to the purchase or acquisition of materials to be used to construct or maintain any publicly owned and/or maintained road or real property within the Town and all bids related to the retention of services to construct or maintain any publicly owned and/or maintained road or real property within the Town:
"We, __________ hereby submit a bid for materials, equipment and/or labor for the Town of Mamakating. The bid is for bid documents titled ____________________. We hereby certify under penalty of perjury that no natural gas extraction waste or oil extraction waste will be used by the undersigned bidder or any contractor, subcontractor, agent, or vendor agent in connection with the bid; nor will the undersigned bidder or any subcontractor, agent or vendor agent thereof apply any natural gas extraction waste or oil extraction waste to any road or real property within the Town of Mamakating as a result of the submittal of this bid if selected."
The Town Supervisor or, at the Town Supervisor's option, any Department head authorized by the Town Supervisor, is authorized to develop policies to ensure that 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 to assure that materials supplied to the Town or used on Town roads or on property in the Town comply with this law. This section shall not excuse noncompliance by a contractor or vendor of the Town.
This chapter shall apply to any and all actions occurring on or after the effective date of this chapter. Any violation of this chapter shall be an unclassified misdemeanor punishable by a fine not to exceed $25,000 per violation and/or up to one year imprisonment. Each violation of this chapter, including but not limited to each sale, application, use, disposal or acceptance of natural gas extraction waste or oil extraction waste, shall constitute a separate and distinct violation.