Definitions. As used in this section, the following terms shall have
the meanings indicated:
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 threshold
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 station, measuring and regulating equipment, yard and station
piping, and cathodic protection equipment), used to move oil, gas,
or liquids from a point of production, treatment facility or 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 of the hole, through which fluids
(which may or may not include semi-solids) 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 and/or petroleum extraction,
exploration or production wastes are applied to the soil surface or
injected into the upper layer 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 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 making
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
(1)
Any of the following in any form, and 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 statutory
or regulatory definitions 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,
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 semi-liquid 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.
(2)
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 "natural
gas and/or petroleum extraction, exploration or production wastes"
does not include:
(a)
Recognizable and nonrecognizable food wastes; or
(b)
Waste generated by agriculture use.
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:
(1)
Natural gas compression facility;
(2)
Natural gas processing facility;
(3)
Natural gas and/or petroleum extraction, exploration or production
wastes disposal storage facility;
(4)
Natural gas and/or petroleum extraction, exploration or production
wastes dump;
(5)
Land application facility;
(7)
Underground injection; or
(8)
Underground natural gas storage.
NATURAL GAS COMPRESSION FACILITY
Those facilities or combination 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 non-methane 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, or the capture of
CO2 separated from natural gas streams."
NONREGULATED PIPELINES
Those pipelines that are exempt or otherwise excluded from
regulation under federal and state laws regarding pipeline construction
standards or reporting requirements. Specifically includes 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
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)
whether or not laid in public or private easement or private right-of-way
within the Town. This term includes, without limitation, gathering
lines, production lines, and transmission lines.
RADIATION
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
RADIOACTIVE MATERIAL
Material in any form that emits radiation, but only if such
material has been moved from its naturally occurring location through
a mechanical or other man-made process. 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.
SUBSURFACE
Below the surface of the earth, or of a body of water, as
the context may require.
TRANSMISSION LINE
A pipeline that transports petroleum, natural gas, or water
to end users as a public utility and which is subject to regulation
either by:
(1)
The Federal Energy Regulatory Commission's jurisdiction under
Section 1(b) of the Natural Gas Act; or
(2)
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 by or into an injection well.
UNDERGROUND NATURAL GAS STORAGE
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location for the primary purpose of load balancing the production
of natural gas. Includes compression and dehydration facilities, and
pipelines.