§ 103-72.2. Natural gas exploration and extraction., Article XV. Additional Regulations, Chapter 103. Zoning, Code of Ordinances, Oneonta, Town

Definitions. As used in this section, the following terms shall have the meanings indicated:

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 that 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.

LAND APPLICATION FACILITY: A site where any natural gas extraction, exploration or production wastes are applied to the soil surface or injected into the upper layers of 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 EXPLORATION ACTIVITIES: Geologic or geophysical activities related to the search for natural gas 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 or other subsurface hydrocarbon deposits.

NATURAL GAS EXTRACTION ACTIVITIES: The digging or boring of a well for the purposes of exploring for, developing or producing natural gas or other subsurface hydrocarbons, including without limitation any and all forms of hydraulic fracturing.

NATURAL GAS 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 an agency otherwise having jurisdiction over such material in the Town, whether naturally occurring or otherwise, 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 or any related hydrocarbons;

(b)

Natural gas drilling fluids, including, but not limited to hydraulic fracturing fluid;

(c)

Natural gas exploration, drilling, production or processing wastes;

(d)

Natural gas drilling treatment wastes (such as oils, fracturing 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;

(f)

Soil contaminated in the drilling, hydraulic fracturing (including but not limited to high-volume hydraulic fracturing), transportation, processing or refining of natural gas;

(g)

Drill cuttings from hydraulic fracturing and/or horizontal drilling for natural gas wells; or

(h)

Any other wastes associated with the exploration, drilling, productions or treatment of natural gas.

(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).

(3)

The definition of "natural gas extraction, exploration or production wastes" does not include:

(a)

Recognizable and nonrecognizable food wastes; or

(b)

Waste generated by agriculture use.

NATURAL GAS EXTRACTION, EXPLORATION OR, PRODUCTION WASTES DISPOSAL/STORAGE FACILITY: Any of the following:

NATURAL GAS EXTRACTION, EXPLORATION OR PRODUCTION WASTES DUMP: Land upon which natural gas 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 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 exploration or extraction, including, without limitation, production brine, produced waters, flowback, flowback fluids or hydraulic fracturing fluids.

NATURAL GAS SUPPORT ACTIVITIES: The construction, use, or maintenance of a storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a natural gas storage facility, or a natural gas gathering line, venting station, or compressor associated with the exploration or extraction of natural gas.

PIPELINE: All parts of those physical facilities through which 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 includes, without limitation, gathering lines, production lines, and transmission lines in connection with natural gas exploration activities and natural gas extraction activities. 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, distribution lines and gathering lines, are not subject to regulation by this Code.

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.

UNDERGROUND INJECTION: Subsurface emplacement of natural gas extraction, exploration or production wastes, including emplacement 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.