[HISTORY: Adopted by the Town Board of the
Town of Islip 5-21-74 as Local Law No. 3, 1974. Amendments noted where applicable.]
There is hereby created as a separate department
in the Town government of the Town of Islip, the Department of Environmental
Control.
There is hereby established the office of Commissioner
of Environmental Control.
The Commissioner of Environmental Control shall
be vested with the authority, direction, jurisdiction and control
over the Department of Environmental Control.
The Commissioner of Environmental Control shall
be appointed by the Town Board and shall serve at the pleasure of
the Town Board. A first Deputy Commissioner may be appointed by the
Commissioner and he may, but need not, be the head of one of the divisions
of the Department. He shall assist the Commissioner in the performance
of his duties and shall have the authority to act for and in place
of the Commissioner.
The Commissioner may appoint executive assistants
to the Commissioner, within the appropriation therefor, as may be
deemed necessary.
A.
The Commissioner of Environmental Control shall be
in charge of and at the head of the Department of Environmental Control,
and shall be vested with the authority, direction and control of such
Department, and shall have the power and authority to appoint and
remove officers and employees of the Department.
B.
The Commissioner of Environmental Control shall have
jurisdiction and control over, and be charged with, the protection
of the people, both present and future, of the Town of Islip against
such activities as would tend to destroy, damage or infringe upon
the natural resources and environment of the Town of Islip.
C.
The Commissioner of Environmental Control shall be
empowered to make such rules and regulations subject to Town Board
approval, which may be necessary to ensure the conservation and protection
of the natural resources and environment of the Town of Islip.
D.
The Commissioner of Environmental Control shall be
empowered to intervene in proceedings before the Planning Board and
the Board of Appeals of the Town of Islip in any matter, petition,
application or proceeding which affects the environment and natural
resources of the Town of Islip.
E.
The Commissioner of Environmental Control shall be
consulted on all matters affecting the environment and natural resources
of the Town of Islip which may come under the jurisdiction of any
department, board, committee or other governmental agency in the Town
of Islip.
F.
The Commissioner of Environmental Control may advise
and make recommendations to any department, board, committee or other
governmental agency in the Town of Islip requesting such advice or
recommendation, or, if no such request has been made, he may do so
on his own initiative.
G.
The Commissioner of Environmental Control may hold
hearings on matters relating to the conservation and protection of
the environment and natural resources of the Town of Islip. The Commissioner
of Environmental Control may conduct such hearings in person, or he
may delegate the conduct of such hearings to a Deputy Commissioner
or to an Assistant Deputy Commissioner of Environmental Control.
[Amended 6-17-80 by L.L.
No. 6, 1980]
The Department of Environmental Control shall
have cognizance, jurisdiction and control over, and the Commissioner
of Environmental Control shall be charged with, the protection of
the people of the Town of Islip against such activities as would tend
to impair, damage, destroy or otherwise infringe upon the natural
resources and environment of the Town of Islip or on their enjoyment
by the present or future people of the Town of Islip. These powers
include, but are not limited to, those contained in the sections of
the Code of the Town of Islip dealing with the environment and natural
resources of the Town of Islip, and any other environmental ordinances
which may be passed by the Town Board of the Town of Islip. These
powers shall be exercised through the following divisions:
A.
The Environmental Facilities Division shall have jurisdiction,
supervision and control over the operation of all Town incinerators,
Town landfill operations, Town scavenger waste treatment plants, animal
shelters and the operation, maintenance and repair of same.
B.
It shall be charged with the removal and disposal
of garbage and rubbish and enforce all regulations concerning refuse
collection and disposal work done by private contractors under license
granted by the Town of Islip. It shall provide other services required
as an adjunct to the general services provided by the Department of
Environmental Control. A Director and a Deputy Director of the Environmental
Facilities Division of the Department of Environmental Control may
be appointed by the Commissioner. The Director may be a Deputy Commissioner
of Environmental Control and the Deputy Director may be an Assistant
Deputy Commissioner of Environmental Control. The Director of the
Environmental Facilities Division shall report directly to the Commissioner
of Environmental Control.
C.
The Director shall have the responsibility to direct
and administer the functions of the Division and in his absence the
Deputy Director shall be empowered to act in his behalf.
[Amended 6-17-80 by L.L.
No. 6, 1980]
A.
The Environmental Services Division shall be charged
with the inspection, supervision, control and enforcement of any activity
regulated by the Code of the Town of Islip pertaining to environmental
matters, including but not limited to waterways and litter.
[Amended 5-17-83 by L.L.
No. 2, 1983]
B.
A Director and a Deputy Director of the Environmental
Services Division of the Department of Environmental Control may be
a Deputy Commissioner of Environmental Control, and the Deputy Director
may be an Assistant Deputy Commissioner of Environmental Control.
The Director of the Environmental Services Division shall report directly
to the Commissioner of Environmental Control.
C.
The Environmental Services Division shall make inspections
and enforce the regulations of the Department of Environmental Control
and Divisions of that Department and other sections of the Code of
the Town of Islip as may be designated by the Town Board.
D.
The Commissioner of Environmental Control, Deputy
Commissioners of Environmental Control and the Director of the Environmental
Services Division of the Department of Environmental Control may be
designated as peace officers for the purpose of enforcing the Code
of the Town of Islip.
E.
The Environmental Services Division shall conduct
educational programs and distribute literature which pertains to the
environment and conservation for schools and civic and other interested
groups and shall take charge of and have supervision of those recycling
programs, comprehensive shellfish and bay management programs and
any other special projects which may be conducted by the Department
of Environmental Control in the Town of Islip.
[Amended 6-17-80 by L.L.
No. 6, 1980]
A.
The Commissioner, in his discretion, may hold a formal
hearing on any application, complaint or alleged violation of the
laws and regulations under his jurisdiction to assist him in any determination
relative to the activities of the Department. The Commissioner may
delegate the holding of such hearings to a Deputy Commissioner or
an Assistant Deputy Commissioner.
B.
The Commissioner, or his authorized representative,
shall thereafter prepare findings of facts and conclusions, upon which
the Commissioner shall make a determination and decision, which shall
be set forth in a formal order, setting forth the determination, conditions,
if any, to be complied with and penalties, if any.
C.
Nothing herein contained shall preclude the Department
from taking any action other than the formal hearing herein provided
for, as may be prescribed by law; nor shall the Department be precluded
from taking such other action by virtue of the order made pursuant
to this section.
[Amended 6-17-80 by L.L.
No. 6, 1980]
The Department of Waste Disposal and the Department
of Marine Affairs are hereby abolished.
[Amended 6-17-80 by L.L.
No. 6, 1980]
If any section, sentence, clause, phrase or
portion of this local law is for any reason held to be invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed to be a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining portions
thereof.
[Amended 6-17-80 by L.L.
No. 6, 1980]
This local law is enacted under the provisions
of Article 9 of the New York State Constitution, of the Town Law and
the Municipal Home Rule Law of the State of New York. This local law
shall take effect when the appropriate certified copies hereof are
filed with the Secretary of State and the Comptroller of the State
of New York pursuant to the Municipal Home Rule Law.
