[HISTORY: Adopted by the Town of Hebron as
indicated in article histories. Amendments noted where applicable.]
[Adopted 4-20-2017]
For the purposes of this article, the following terms, phrases,
and words shall have the meanings given here, unless otherwise clearly
indicated by the context:
The physical act of placing or spreading natural gas waste
or oil waste on any road or real property located within the Town
of Hebron.
The fracturing of underground rock formations, including
shale and nonshale formations, by man-made fluid-driven techniques
for the purpose of stimulating oil, natural gas, or other subsurface
hydrocarbon production.
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
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
Any products or byproducts resulting from the treatment, processing,
or modification of any of the above wastes.
A.
The application of natural gas waste or oil waste, whether or not
such waste has received beneficial use determination or other approval
for use by DEEP (Department of Energy and Environmental Protection)
or any other regulatory body, on any road or real property located
within the Town for any purpose is prohibited.
B.
The introduction of natural gas waste or oil waste into any wastewater
treatment facility within or operated by the Town is prohibited.
C.
The introduction of natural gas waste or oil waste into any solid
waste management facility within or operated by the Town is prohibited.
D.
The storage, disposal, sale, acquisition, transfer, handling, treatment
and/or processing of waste from natural gas or oil extraction is prohibited
within the Town.
E.
Nothing in this article shall be interpreted to ban the transportation
of any product or by-product described herein on any roadway or real
property within Hebron.
A.
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 or oil waste shall be utilized in providing
such a service.
B.
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 or oil waste shall
be provided to the Town.
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 Hebron. The bid is for bid documents titled
_________. We hereby certify under penalty of perjury that no natural
gas waste or oil 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 waste or oil waste to
any road or real property within the Town of Hebron as a result of
the submittal of this bid if selected."
A.
In response to a violation of this article, the Town may require
remediation of any damage done to any land, road, building, aquifer,
well, watercourse, air quality or other asset within the Town of Hebron.
The Town may also impose fines in the amount of $250 per violation
per day for any violation of this article and any other remedies allowable
under the law.
B.
Each day on which a violation occurs or continues after the time
for correction of violation given in any order has elapsed shall be
considered a separate violation of this article.
If any provision of this article or the application thereof
to any person or circumstances is held to be invalid, such invalidity
shall not affect other provisions or applications of any other part
of this article that can be given effect without the invalid provisions
or applications; and to this end, the provisions of this article and
the various applications thereof are declared to be severable.
