This local law shall be known as the "Prohibition within the
Town of Brighton of Natural Gas and Petroleum Exploration and Extraction
Activities, the Underground Storage of Natural Gas, and the Disposal
of Natural Gas or Petroleum Extraction, Exploration, and Production
Wastes."
As used herein, the term "this local law" (or its equivalent)
shall mean and refer to Town of Brighton Local Law No. 1 of 2013.
As used in Article II of this local law, the terms "this Law," "this chapter,"
and "herein" shall mean and refer to this local law, as the same may
be amended from time to time. The term "shall" is mandatory, and the
term "may" is permissive. Any word that is gender-referenced shall
be construed to include all genders and the neuter/neutral of such
term. Capitalized words shall have the meanings ascribed to them whenever
the meaning or context thereof so admits or requires. Defined words
and phrases that are not capitalized shall be presumed to be capitalized
and deemed defined words and phrases, unless the context thereof admits
or requires otherwise.
The statements of authority, intent, findings, and purpose are
legislatively adopted along with the formal text of this local law.
Such statements of authority, intent, findings, and purpose are intended
and declared to be a material part of this local law, a legal guide
to the administration and interpretation of this local law, and a
part of the legislative history of this local law.
For purposes of this local law, the following terms shall have
the meanings respectively set forth below:
BELOW-REGULATORY CONCERN
Radioactive material in a quantity or of a level that is
distinguishable from background (as that phrase is defined at 10 CFR
20.1003), but which is below the regulation thresholds established
by any regulatory agency otherwise having jurisdiction over such material
in the Town.
GATHERING LINE or PRODUCTION LINE
Any system of pipelines (and other equipment such as drip
stations, vent stations, pigging facilities, valve boxes, transfer
pump stations, measuring and regulating equipment, yard and station
piping, and cathodic protection equipment) used to move oil, gas,
or liquids from a point of production, a treatment facility, or a
storage area to a transmission line, which is exempt from the Federal
Energy Regulatory Commission's jurisdiction under Section 1(b)
of the Natural Gas Act, and which does not meet the definition of
a "major utility transmission facility" under the Public Service Law
of New York, Article 7, § 120(2)(b).
INJECTION WELL
A bored, drilled, or driven shaft whose depth is greater
than the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension, through which fluids (which may
or may not include semisolids) are injected into the subsurface and
less than 90% of such fluids return to the surface within a period
of 90 days.
LAND APPLICATION FACILITY
A site where any Natural Gas Exploration And/Or Petroleum
Production Wastes are applied to the soil surface or injected into
the upper layers of the soil.
NATURAL GAS
Methane and any gaseous substance, either combustible or
noncombustible, which is produced in a natural state from the earth
and which maintains a gaseous or rarefied state at standard temperature
and pressure conditions, and/or gaseous components or vapors occurring
in or derived from petroleum or other hydrocarbons.
NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons, including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, but only to the extent that such activities involve or
employ core, rotary, or any other type of drilling or otherwise make
any penetration or excavation of any land or water surface in the
search for and evaluation of natural gas, petroleum, or other subsurface
hydrocarbon deposits.
NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
The digging or drilling of a well for the purposes of exploring
for, developing, or producing natural gas, petroleum, or other subsurface
hydrocarbons, including, without limitation, any and all forms of
shale fracturing.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES
Any of the following in any form whether or not such items
have been excepted or exempted from the coverage of any federal or
state environmental protection laws, or have been excepted from any
statutory or regulatory definition(s) of "industrial waste," "hazardous,"
or "toxic," and whether or not such substances are generally characterized
as waste: (a) Below-Regulatory Concern radioactive material, or any
radioactive material which is not Below-Regulatory Concern but which
is in fact not being regulated by the regulatory agency otherwise
having jurisdiction over such material in the Town, whether naturally
occurring or otherwise, and in any case relating to, arising in connection
with, or produced by or incidental to the exploration for, the extraction
or production of, or the processing, treatment, or transportation
of, natural gas, petroleum, or any related hydrocarbons; (b) natural
gas or petroleum drilling fluids; (c) natural gas or petroleum exploration,
drilling, production or processing wastes; (d) natural gas or petroleum
drilling treatment wastes (such as oils, frac fluids, produced water,
brine, flowback, sediment, and/or any other liquid or semiliquid material);
(e) any chemical, waste oil, waste emulsified oil, mud, or sediment
that was used or produced in the drilling, development, transportation,
processing, or refining of natural gas or petroleum; (f) soil contaminated
in the drilling, transportation, processing, or refining of natural
gas or petroleum; (g) drill cuttings from natural gas or petroleum
wells; or (h) any other wastes associated with the exploration, drilling,
production, or treatment of natural gas or petroleum. This definition
specifically intends to include some wastes that may otherwise be
classified as "solid wastes which are not hazardous wastes" under
40 CFR 261.4(b). The definition of this Natural Gas And/Or Petroleum
Extraction, Exploration Or Production Wastes does not include recognizable
and nonrecognizable food wastes.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES DISPOSAL/STORAGE FACILITY
Any of the following: (a) tanks of any construction (metal,
fiberglass, concrete, etc.); (b) impoundments; (c) pits; (d) evaporation
ponds; or (e) other facilities, in any case used for the storage or
treatment of Natural Gas And/Or Petroleum Extraction, Exploration
Or Production Wastes that: (i) are being held for initial use, (ii)
have been used and/or are being held for subsequent reuse or recycling,
(iii) are being held for treatment, or (iv) are being held for storage.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES DUMP
Land upon which Natural Gas And/Or Petroleum Extraction,
Exploration Or Production Wastes, or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use.
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES
Any one or more of the following: (a) Natural Gas Compression
Facility; (b) Natural Gas Processing Facility; (c) Natural Gas And/Or
Petroleum Extraction, Exploration Or Production Wastes Disposal/Storage
Facility; (d) Natural Gas And/Or Petroleum Extraction, Exploration
Or Production Wastes Dump; (e) Land Application Facility; (f) Nonregulated
Pipelines; (g) Underground Injection; or (h) Underground Natural Gas
Storage.
NATURAL GAS COMPRESSION FACILITY
Those facilities or combinations of facilities that move
natural gas or petroleum from production fields or natural gas processing
facilities in pipelines or into storage; the term shall include equipment
for liquids separation, natural gas dehydration, and tanks for the
storage of waste liquids and hydrocarbon liquids.
NATURAL GAS PROCESSING FACILITY
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other nonmethane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas; cooking and dehydration; residual refinement; treating
or removing oil or condensate; removing water; separating NGLs; removing
sulfur or carbon dioxide; fractionation of NGLs; and/or the capture
of CO2 separated from natural gas streams.
NON-REGULATED PIPELINES
Those pipelines that are exempt or otherwise excluded from
regulation under federal and state laws regarding pipeline construction
standards or reporting requirements, specifically including without
limitation production lines and gathering lines.
PERSON
Any individual, public or private corporation for profit
or not for profit, association, partnership, limited liability company,
limited liability partnership, firm, trust, estate, and any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
PIPELINE
All parts of those physical facilities through which petroleum,
gas, hazardous liquids, or chemicals move in transportation (including
pipes, valves and other equipment and appurtenances attached to pipes,
such as drip stations, vent stations, pigging facilities, valve boxes,
transfer pump stations, measuring and regulating equipment, yard and
station piping, and cathodic protection equipment), whether or not
laid in a public or private easement or right of way within the Town.
This includes, without limitation, gathering lines, production lines,
and transmission lines.
RADIOACTIVE MATERIAL
Material in any form that emits radiation. This definition
specifically includes NORM (naturally occurring radioactive material),
but only if such naturally occurring material has been moved from
its naturally occurring location through an industrial process. All
such material is "radioactive material" for purposes hereof, whether
or not it is otherwise exempt from licensing and regulatory control
pursuant to the New York State Department of Labor, the United States
Nuclear Regulatory Commission, the United States Environmental Protection
Agency, the United States Department of Energy, the United States
Department of Transportation, or any other regulatory agency.
RADIATION
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
SUBSURFACE
Below the surface of the earth, or of a body of water, as
the context may require.
TOWN
The Town of Brighton, Monroe County, New York.
TRANSMISSION LINE
A pipeline that transports oil, gas, or water to end users
as a public utility and which is subject to regulation either by:
(a) the Federal Energy Regulatory Commission's jurisdiction under
Section 1(b) of the Natural Gas Act, or (b) as a "major utility transmission
facility" under the Public Service Law of New York, Article 7, § 120(2)(b).
UNDERGROUND INJECTION
Subsurface emplacement of Natural Gas And/Or Petroleum Extraction,
Exploration Or Production Wastes, including without limitation emplacement
by or into an Injection Well.
UNDERGROUND NATURAL GAS STORAGE
Subsurface storage, including without limitation in depleted
gas or oil reservoirs and salt caverns, of natural gas that has been
transferred from its original location, whether for the purpose of
load balancing the production of natural gas or for any other reason,
including without limitation short-term, long-term, or intermittent
storage for product quality, processing, or transportation purposes,
or because of market conditions. Without limitation, this term includes
compression and dehydration facilities, and associated pipelines.
ZBA
Zoning Board of Appeals of the Town.
Notwithstanding any provision hereof the contrary, any Natural
Gas And/Or Petroleum Extraction Activities that are being conducted
in the Town as of the effective date of this local law shall be subject
to the following:
A. If, as of the effective date of this local law, substantive Natural Gas And/Or Petroleum Extraction Activities are occurring in the Town and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including, without limitation, the possession of valid nonrevoked permits for all matters for which permits are required, and including compliance with each, any, and any listed permit conditions, as are or may be required by the New York State Department of Environmental Conservation ("DEC"), and all other regulating local, state, and/or federal governments, bureaus, or agencies, then and only then such Activity shall be considered a preexisting, nonconforming use and shall be allowed to continue, subject, however, to the provisions of Subsections
B and
C of this §
78-8. Natural Gas And/Or Petroleum Extraction Activities that are being conducted in the Town as of the effective date of this local law and which do not qualify for treatment under the preceding standard of this Subsection
A of this §
78-8 shall not be grandfathered (or be permitted to continue or deemed lawful pre-existing uses), and shall in all respects be prohibited as contemplated by §
78-6 hereof.
B. Upon the depletion, closing, or reclamation of any well which is allowed to remain in operation after the effective date of this local law by virtue of Subsection
A of this §
78-8, or upon any other substantive cessation of Natural Gas And/Or Petroleum Extraction Activities for a period of more than 12 months, then, and in either of such events, the preexisting and/or nonconforming use status (and any related "grandfathering rights") of or relating to such activity shall terminate, and thereafter such Natural Gas And/Or Petroleum Extraction Activities shall in all respects be prohibited as contemplated by §
78-6 hereof.
C. Notwithstanding any provision hereof to the contrary, the preexisting, nonconforming status conferred and recognized by Subsection
A of this §
78-8 is not intended, and shall not be construed, to authorize or grandfather any Natural Gas And/Or Petroleum Extraction Activities extending beyond whatever well bore is authorized in any DEC permit in existence as of the effective date of this local law. Any expansion, or attempted or purported expansion, of such well, whether as to its production, depth, horizon(s), or otherwise, shall not be grandfathered under Subsection of this §
78-8, and instead shall in all respects be prohibited as contemplated by §
78-6 hereof. Any such grandfathered and allowed lawful preexisting uses shall not possess any right to expand such nonconforming use, whether above or below ground, and no such right shall be deemed, construed, or implied to exist.
Except as contemplated by §
78-10 of this local law, no permit or approval issued by any local agency, department, commission, or board shall be deemed to grant any rights, permissions, or approvals to undertake activities within the Town of Brighton when or to the extent that such activity or activities would violate the prohibition set forth at §
78-6 of this local law.
If any word, phrase, sentence, part, section, subsection, or
other portion of this local law, or the application thereof to any
person or to any circumstance, is adjudged or declared invalid or
unenforceable by a court or other tribunal of competent jurisdiction,
then, and in such event, such judgment or declaration shall be confined
in its interpretation and operation only to the provision of this
local law that is directly involved in the controversy in which such
judgment or declaration is rendered, and such judgment or declaration
of invalidity or unenforceability shall not affect or impair the validity
or enforceability of the remainder of this local law or the application
hereof to any other persons or circumstances. If necessary as to such
person or circumstances, such invalid or unenforceable provision shall
be and be deemed severed herefrom, and the Town Board of the Town
hereby declares that it would have enacted this local law, or the
remainder thereof, even if, as to particular provisions and persons
or circumstances, a portion hereof is severed or declared invalid
or unenforceable.
During the time this local law is in effect, it is the specific
intent of the Town Board, to supersede any inconsistent provisions
of any and all other local ordinances, local laws, or local resolutions
of the Town of Brighton.