[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:
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.
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.
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.
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;
Leachate from solid wastes associated with natural gas extraction
activities;
Any waste that is generated as a result of or in association
with the underground storage of natural gas;
Any waste that is generated as a result of or in association
with liquefied petroleum gas well storage operations; and/or
Any products or byproducts resulting from the treatment, processing,
or modification of any of the above wastes.
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.
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;
Leachate from solid wastes associated with oil extraction activities;
and/or
Any products or byproducts resulting from the treatment, processing,
or modification of any of the above wastes.
Includes oil and crude oil.
The Town of Mamakating.
A.Â
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.Â
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.Â
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.Â
The sale, acquisition, storage, handling, treatment and/or processing
of natural gas extraction waste or oil extraction waste within the
Town is prohibited.
E.Â
The transport of natural gas extraction waste or oil extraction waste
on, under or along a Town roadway is prohibited.
A.Â
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.Â
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.Â
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:
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"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."
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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.
