§ 47.02.01. Definitions.  


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  • "Chemical trespass" means the involuntary presence of toxic or potentially toxic chemicals and substances within a human body, natural community or ecosystem.

    "Corporation" for purposes of this chapter, shall include any corporation, limited partnership, limited liability partnership, business trust, sole proprietorship, business entity, or limited liability company organized under the laws of any state of the United States or under the laws of any country.

    "Disposal" shall include, but not be limited to, the depositing, storage, treatment, recycling, injection, or by any other means the distribution or depositing of brine, "produced water," "frack water," tailings or any other waste or by-product of gas or oil extraction upon, into, or onto the land, waterways, air or any area within the City of Athens.

    "Ecosystem" shall include, but not be limited to, wetlands, watersheds, streams, rivers, aquifers, and other water systems, as well as naturally occurring airsheds and other habitats that sustain life.

    "Extraction" means the digging or drilling of a well for the purposes of exploring for, developing, or producing shale gas or oil or other hydrocarbons.

    "Extraction, production and delivery infrastructures" means, but is not limited to, pipelines, processing facilities, and compressors, as well as anything used for storage or transportation of shale gas and oil extracted using extraction processes.

    "Natural communities" means environments hosting humans and wildlife, flora, fauna, and soil-dwelling and aquatic organisms within a proliferating and diverse natural ecosystem.

    "Procurement of fresh water" for purposes of this chapter, shall include the drawing of fresh water from anywhere within the City of Athens for the purpose of exploring for, or mining of, shale gas and oil.

    "Shale gas and oil" means petroleum "natural" gas and oil currently deposited in a natural state within the Utica and Marcellus deposits below the aquifer supplying water to the City of Athens.

    "Toxic substances and potentially toxic substances" for purposes of this chapter, shall include chemicals or chemical compounds, sludge and waste, radioactive ores, mine tailings, millings, waste liquors and radioactive progeny, particulate matter and/or gases that have been found to cause adverse effects to animals, humans, or ecosystems, including those chemicals, chemical compounds, sources of radiation, and all other substances deemed to be mutagenic, neurotoxic, carcinogenic, teratogenic, reproductive or developmental toxicants, or any other toxic chemical or hazardous substance identified by the City of Athens, and shall specifically include, but shall not be limited to, frack water and materials used in, and resulting from, the process of deep shale horizontal fracturing for hydrocarbon extraction and from the haulage and disposal of wastewaters from such processes.

(Ord. No. 0-141-17, § I, 11-20-2017)