[HISTORY: Adopted by the Town Board of the Town of Philipstown as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-25-2013 by L.L. No. 5-2013]
As used in this article, the following terms shall have the meanings indicated:
- HYDRAULIC FRACTURING
- The fracturing of shale formations by man-made fluid-driven techniques for the purpose of stimulating natural gas or other subsurface hydrocarbon production.
- NATURAL GAS EXTRACTION ACTIVITIES
- All geologic 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.
- NATURAL GAS WASTE
- 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. Natural gas waste includes, but is not limited to, leachate from solid wastes associated with natural gas extraction activities.
The introduction of natural gas waste into any wastewater treatment facility within the Town of Philipstown which is either privately operated or operated by the Town of Philipstown is prohibited.
The sale of natural gas waste within the Town of Philipstown is prohibited.
The application of natural gas waste on any Town road, other Town-owned property, property owned by a school district, or privately owned real property located within the Town of Philipstown is prohibited.
All 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 shall include a provision stating that no materials containing natural gas waste shall be provided to the Town.
All 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 a 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 article 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 article. This section shall not excuse noncompliance by a contractor or vendor of the Town.
Any violation of § 104-2 of this article shall be an unclassified misdemeanor punishable by a fine not to exceed $25,000 per violation and/or up to 30 days' imprisonment. Each sale and/or application of natural gas waste shall constitute a separate and distinct violation.
If any clause, sentence, subparagraph, subsection or section of this article shall be held invalid by any court of competent jurisdiction, or the application of this article to any person or set of circumstances shall be held invalid, such invalidity or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subparagraph, subsection, or operation of this article directly involved in the controversy in which the judgment shall have been rendered. To further this end, the provisions of this article are hereby declared to be severable.