[Adopted 11-12-2014 by L.L. No. 27-2014]
For the purposes of this article, the following definitions
shall apply:
Topsoil, loam, earth, sand, gravel, and other material such
as wood in its natural or reprocessed state. Said material shall not
contain wood creosote, coal tar creosote, coal tar, coal tar pitch,
and/or coal tar pitch volatiles.
The act of causing materials, as defined in this article,
to be brought to a parcel of real property located within the Town
of Southampton, which materials originated from another parcel of
real property located either inside or outside of the Town of Southampton.
A.
Any and all fill in excess of 20 cubic yards imported onto a parcel
in connection with the issuance of a building permit within the Town
of Southampton must be clean fill.
B.
As part of the building permit application for any construction within
the Town of Southampton where said fill will be used, the owner of
the premises, or his or her agent, or the supplier of said fill, shall
certify the following:
(1)
A statement of the proposed work on the premises;
(2)
The purpose of the proposed importation of the fill;
(3)
An estimate of the total number of cubic yards of fill proposed to
be imported to the premises for the project;
(4)
The source of the fill to be imported for the project:
(5)
That said fill does not contain material other than clean fill, as
defined in this article, to his or her knowledge.
A.
After the placement of said fill, or the commencement thereof, if
there exists non-natural material, an odor, discoloration, leachate,
a film, or a combination of any of these factors, the Town Engineer
may require an applicant to submit imported material for testing to
determine its physical and/or chemical composition consistent with
the purposes of this article.
B.
The Town Engineer shall arrange for said testing by a certified testing
laboratory, with the costs associated with testing the imported fill
to be borne by the applicant.
C.
A violation shall exist when testing reveals soil contamination levels
in excess of the Suffolk County Department of Health Services Pumpout
and Soil Cleanup Criteria Action Levels.
A.
Any violation of the provisions of this article shall be punishable by a fine of not less than $1,000 or imprisonment for a period not to exceed 15 days, or both. Any person who is convicted pursuant to this article shall be required to pay a mandatory water quality protection surcharge of $250. The water quality protection surcharge shall be paid to the clerk of the court or administrative tribunal that rendered the conviction, who thereafter shall pay such money to the Town Comptroller, who shall administer such money in accordance with the provisions of Town Code § 8-6.2. Each day's continued violation shall constitute a separate offense.
B.
In addition, any person convicted pursuant to this article shall
be required to remediate the subject premises to the satisfaction
of the Town Engineer. Said remediation efforts shall include, but
not be limited to, the removal, reduction, and/or proper disposal
of contamination pursuant to Article 12 of the Suffolk County Department
of Health Services Pumpout and Soil Cleanup Criteria.
C.
This article in no way intends to supersede or replace any other
requirement or obligation imposed on a responsible party under federal,
state, or local regulations.
