[Adopted 6-16-1987 by L.L. No. 7-1987]
As used in this article, the following terms
shall have the meanings indicated:
INDUSTRIAL DISCHARGE
The discharge of any liquid, gaseous, solid or waste substance,
or a combination thereof, resulting from any process of industry,
manufacturing, trade or business or from the development or recovery
of any natural resources, which may cause or might reasonably be expected
to cause pollution of the groundwaters located within the Town of
Brookhaven.
PERSON
Any corporation, form of partnership, association, trust,
estate or one or more individuals, and any unit of government or agency
of subdivision thereof.
SUBTERRANEAN WATERS
All those waters lying and being within the aquifers underlying
the Town of Brookhaven.
TRUSTEES
The Board of Trustees of the Town of Brookhaven, also known
as the "Trustees of the Freeholders and Commonalty of the Town of
Brookhaven."
The provisions of this article shall not apply
to the removal of subterranean waters for the use of the residents,
industries and businesses located within the Town of Brookhaven, provided
that said waters are recharged into the ground within the Town of
Brookhaven.
The Trustees and the Town Board shall have the
power to establish rates and charges for the appropriation and removal
of subterranean waters from the Town of Brookhaven. Said rates shall
be established after a public hearing held on notice as provided herein.
Said fees shall be paid to the Town Clerk.
[Adopted 1-29-2015 by L.L. No. 1-2015, effective 2-17-2015]
The Town Board finds that it is the policy of the Town of Brookhaven
to maintain and, through time, improve water quality in the Carmans
River and its associated aquatic and wetland environments, and in
groundwater beneath terrestrial environments situated in the watershed
of the Carmans River, by reducing the concentration levels of various
nitrogen compounds in surface and groundwater in accordance with the
short- and long-term water quality goals established by the Town Board.
To that end, the Town Board in 2013 adopted the Carmans River Conservation
and Management Plan. Implementation of the Plan included setting forth
discharge standards for existing and new intermediate flow sanitary
systems and sewage treatment facilities within the one-hundred-year
groundwater contributing area to the Carmans River at levels below
current standards accepted by the Suffolk County Department of Health
Services. The stricter standard is being implemented in order to protect
the ecological integrity of the Carmans River. The stricter standard
is necessary because the standard in use by the Suffolk County Department
of Health Services is generally intended to protect human health,
but is not sufficient to protect ecological health and to avoid ecological
impacts to the Carmans River.
All new sanitary systems and sewage treatment plants requiring
Suffolk County Department of Health Services approval and SPDES permit,
producing a sanitary flow of between 1,000 gallons per day and 30,000
gallons per day, shall utilize best available technology (BAT), which
results in nitrogen not exceeding three parts per million over a twelve-month
rolling average. At no point shall the monthly average exceed five
parts per million.
If any clause, sentence, paragraph, section or item of §§
78-9 through
78-15 shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair nor invalidate the remainder hereof; but such adjudication shall be confined in its operation to the clause, sentence, paragraph, section or item directly involved in the controversy in which such judgment shall have been rendered.