Specific terms. When used in this Code, unless otherwise
expressly stated or unless the context or subject matter otherwise
requires:
AGRICULTURE USE
Land used for the production of crops and/or livestock and
livestock products (as those terms are defined at Section § 301
of the New York State Agriculture and Markets Law).
[Added 2-13-2013 by L.L. No. 1-2013]
APPLICATION
In the context of natural gas and oil exploration, extraction,
or production byproducts, the physical act of placing natural gas
and oil production byproducts on one or more Village roads or one
or more pieces of Village property. Each physical act shall be deemed
a separate violation. Each time a person stops the placement of natural
gas and oil production byproducts for any reason, including but not
limited to stopping a vehicle used in the placement or reloading or
replacing any material or equipment and then resuming placement shall
be deemed a separate application.
[Added 11-28-2012 by L.L. No. 14-2012]
BUILDING INSPECTOR
The Building Inspector of the Village of New Paltz, New York
appointed by the Mayor, subject to the approval of the Board of Trustees
to enforce zoning, housing, building and unsafe building regulations
within the Village of New Paltz.
CODE
Unless otherwise specifically qualified means the Village
of New Paltz Municipal Code.
COUNTY
The County of Ulster in the State of New York.
COUNTY CLERK
The County Clerk of the County of Ulster in the State of
New York.
HEALTH OFFICER
The official who serves as the Health Officer of the Village
of New Paltz, New York.
INDUSTRIAL WASTES
Any discarded matter, including any liquid, gaseous or solid
substance, or combination thereof, resulting from any industrial user,
excluding natural gas and oil production byproducts.
[Added 11-28-2012 by L.L. No. 13-2012]
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.
[Added 2-13-2013 by L.L. No. 1-2013]
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 layers of the soil.
[Added 2-13-2013 by L.L. No. 1-2013]
MAYOR
The Mayor of the Village of New Paltz, New York.
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.
[Added 2-13-2013 by L.L. No. 1-2013]
NATURAL GAS AND OIL EXPLORATION
The use of land for geological or geophysical activities
related to the search for natural gas, oil or other subsurface hydrocarbons,
including prospecting, geophysical and geologic seismic surveying
and sampling techniques, which include but are not limited to core
or rotary drilling or making an excavation in the search and evaluation
of natural gas, oil or other subsurface hydrocarbon deposits.
[Added 11-28-2012 by L.L. No. 13-2012; 11-28-2012 by L.L. No.
14-2012]
NATURAL GAS AND OIL EXTRACTION
The use of land for the purpose of extracting, developing
and producing natural gas, oil or other subsurface hydrocarbons from
subsurface deposits. Natural gas and oil extraction includes storage
or construction staging yards associated with an oil or gas extraction
operation, and gas pipelines, water lines and other gathering systems
and components, including but not limited to drip stations, vent stations,
injection stations and valve boxes associated with a natural gas or
oil extraction operation.
[Added 11-28-2012 by L.L. No. 13-2012; 11-28-2012 by L.L. No.
14-2012]
NATURAL GAS AND OIL PRODUCTION BYPRODUCTS
Any refuse, sludge or other waste materials, whether or not
recycled or reused or intended to be recycled or reused, including
solid, liquid, semisolid, or contained gaseous material that results
from, is associated with or produced as a byproduct of natural gas
and oil exploration or extraction, including, without limitation,
production brine, produced waters, flowback, flowback fluids or hydraulic
fracturing fluids.
[Added 11-28-2012 by L.L. No. 13-2012; 11-28-2012 by L.L. No.
14-2012; 2-13-2013 by L.L. No. 1-2013]
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.
[Added 2-13-2013 by L.L. No. 1-2013]
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.
[Added 2-13-2013 by L.L. No. 1-2013]
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES
[Added 2-13-2013 by L.L. No. 1-2013]
(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 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 Village, 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.
(2)
This definition specifically intends to include some wastes
that may otherwise be classified as "solid wastes which are not hazardous
wastes" under 40 C.F.R. § 261.4(b).
(3)
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.
[Added 2-13-2013 by L.L. No. 1-2013]
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES
Any one or more of the following:
[Added 2-13-2013 by L.L. No. 1-2013]
(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;
(6)
Underground injection; or
(7)
Underground natural gas storage.
OWNER
A person who has the legal title, alone or with other, or
exercised dominion or control over property both real and personal.
PERSON
One or more persons of either sex, natural person, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities capable of being sued.
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 Village. This includes, without limitation, gathering lines,
production lines, and transmission lines. Notwithstanding the foregoing
definition, those pipelines that are exempt or otherwise excluded
from regulation under federal and state laws regarding pipeline construction
standards or reporting, requirements, and specifically production
lines and gathering lines, are not subject to regulation by this Code.
[Added 2-13-2013 by L.L. No. 1-2013]
SOIL MINING
The use of land for the purpose of extracting and selling
stone, sand, gravel or other minerals, and not including natural gas
or oil exploration and extraction.
[Added 2-13-2013 by L.L. No. 1-2013]
STATE
The State of New York.
TENANT
A person occupying real property under an oral or written
lease or who is in possession of real property under the actual or
tacit consent of the owner. Whenever a person, not the owner, occupies
real property, it shall be presumed that he occupies same as a tenant.
TRUSTEE
A Trustee of the Village of New Paltz, New York.
UNDERGROUND INJECTION
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes, including emplacement by or into
an injection well.
[Added 2-13-2013 by L.L. No. 1-2013]
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.
[Added 2-13-2013 by L.L. No. 1-2013]
VILLAGE BOARD
The Board of Trustees of the Village of New Paltz, New York.
VILLAGE ENGINEER
The engineer or engineering firm retained by the Village
of New Paltz, New York, to serve in the capacity of engineer or consulting
engineer to the Village of New Paltz, New York.