[HISTORY: Adopted by the Town Board of the Town of Southampton 4-22-2014 by L.L. No.
9-2014. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The physical act of placing or spreading natural gas waste.
The fracturing of shale formations by man-made fluid-driven
techniques for the purpose of stimulating natural gas or other subsurface
hydrocarbon production.
All geological or geophysical activities related to the exploration
for or extraction of natural gas or other subsurface hydrocarbon deposits,
including, but not limited to, core and rotary drilling and hydraulic
fracturing.
Any waste which is generated as a result of natural gas extraction
activities, which may consist of water, chemical additives, or naturally
occurring radioactive materials ("NORMs") and heavy metals.
A.Â
The introduction of natural gas waste into any wastewater treatment
facility within the Town of Southampton which is either privately
operated or operated by the Town of Southampton is prohibited.
B.Â
The sale or acceptance of natural gas waste within the Town of Southampton
is prohibited.
C.Â
The application of natural gas waste on road or real property located
within the Town of Southampton is prohibited.
A.Â
All Town-initiated bids and contracts related to the purchase or
acquisition of materials to be used to construct or maintain a Town
road or other Town facility/property shall include a provision stating
that no materials containing natural gas waste shall be provided to
the Town.
B.Â
All Town-initiated bids and contracts related to the retention of
services to construct or maintain a Town road shall include a provision
stating that no materials containing natural gas waste shall be utilized
in providing such service.
The Town Supervisor or, at the Town Supervisor's option,
any department head appointed by the Town Supervisor is authorized
to develop policies to ensure 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 that materials supplied to the Town or used on Town roads
or property comply with this chapter. This section shall not excuse
noncompliance by a contractor or vendor of the Town.
Any violation of § 159-2 herein shall be an unclassified misdemeanor punishable by a fine of no less than $2,000 nor more than $30,000 per violation and/or up to 90 days' imprisonment, or both. Each sale and/or application of natural gas waste shall constitute a separate and distinct violation.
If any section or subsection, paragraph, clause, phrase or provision
of this chapter shall be adjudged invalid or held unconstitutional
by any court of competent jurisdiction, any judgment made thereby
shall not affect the validity of this chapter as a whole or any part
thereof other than the part or provisions so adjudged to be invalid
or unconstitutional.