Town of Clarkstown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown 8-25-1976 by L.L. No. 7-1976 (Ch. 8 of the 1974 Code); amended in its entirety 6-16-2009 by L.L. No. 4-2009. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 146.
Stormwater management — See Ch. 249A.

§ 16-1 Legislative intent.

Pursuant to the authority of the Municipal Home Rule Law of the State of New York, the Town Board of the Town of Clarkstown has found it necessary for the health, safety and general welfare of the inhabitants of the Town of Clarkstown to enact a local law creating a Department of Environmental Control for the protection of the inhabitants of the Town of Clarkstown against such activities as would tend to impair, damage, destroy or infringe upon the natural resources and environment of the Town of Clarkstown or on their enjoyment by the present and future inhabitants of the Town of Clarkstown.

§ 16-2 Establishment; composition.

There is hereby established in the Town of Clarkstown, pursuant to the Suburban Town Law of the State of New York,[1] a department of Town government known as the "Department of Environmental Control of the Town of Clarkstown," and the functions and personnel of the Clarkstown sanitary landfill and the Clarkstown Sewer Department are hereby transferred to the Department of Environmental Control.
[1]
Editor's Note: See Town Law § 50 et seq.

§ 16-3 Director.

The executive head of the Department shall be the Director of Environmental Control, hereinafter referred to as the "Director," who shall be appointed by the Town Board of the Town of Clarkstown. The Director shall be in the unclassified civil service.

§ 16-4 Powers and duties of Director.

The Director shall:
A. 
Be responsible for the supervision and administration of the Department of Environmental Control.
B. 
Review, make recommendations and approve, where necessary, the public or private work conducted within the Town of Clarkstown as it may affect landfills and excavations, shade trees, pollution, drainage and sewage, except drainage and sewage in undedicated subdivisions.
C. 
Act as consultant to the Town Board, Planning Board, Board of Appeals, Architectural Historic Review Board and Sanitation Commission in matters relating to the environment.
[Amended 6-28-2016 by L.L. No. 8-2016]
D. 
Act as liaison for the Town with federal, state and county agencies, such as the United States Environmental Protection Agency, the United States Department of Agriculture (Soil Conservation Service), the New York State Department of Environmental Conservation, the Rockland County Department of Health and the Rockland County Drainage Agency.
E. 
Act as liaison with other municipalities in which there may be overlapping jurisdiction which may affect the closed landfill, drainage and sewage.
F. 
Serve as the Town Floodplain Administrator.
G. 
Serve as the Town Stormwater Management Officer.

§ 16-5 Divisions; Deputy Directors.

The Department of Environmental Control shall be divided into the Operational Division and the Design Division. A Deputy Director may be placed in charge of each Division. Each Deputy shall be in the exempt civil service. In the absence of a Deputy Director being appointed in either Division, the Director shall be responsible for the duties assigned to the Deputy for such Division.

§ 16-6 Powers and duties of First Deputy in charge of survey and design.

The First Deputy in charge of survey and design shall:
A. 
Supervise and be responsible for personnel assigned to this section.
B. 
Conduct field surveys and prepare designs, including drafting and preparation of cost estimates for Town projects.
C. 
Be responsible for the preparation of descriptions and survey computations in connection with easements to be acquired by the Town of Clarkstown.
D. 
Investigate and make recommendations to appropriate Town agencies for the correction of homeowners' complaints, where appropriate.
E. 
Prepare specifications and bid documents for municipal projects authorized by the Town Board.
F. 
Assemble and prepare the necessary information for environmental impact statements as may be required by the Environmental Conservation Law, Article 8, also known as the "State Environmental Quality Review Act."
G. 
Review and implement rules and regulations which may be adopted from time to time by state, county and Town agencies for the protection of the environment.

§ 16-7 Powers and duties of Deputy in charge of operations.

A. 
The Deputy in charge of operations shall supervise and be responsible for the supervision of the Sewer Department and closed sanitary landfill and all personnel employed in said agencies.
B. 
Such Deputy shall, in addition to the above:
(1) 
Be responsible for the continued monitoring, operation and maintenance of the closed sanitary landfill.
(2) 
Implement and ensure compliance with all local and state mandates for closed sanitary landfill and sewer facilities.
(3) 
Provide contract administration for consultants performing monitoring services at the closed sanitary landfill.
(4) 
Be responsible for the Town garbage and bulk refuse and the Town recycling collection contracts, including contract administration and compliance, and resolution of complaints.
(5) 
Supervise the sewer department staff, pump station operation, confined space entries operations, vehicle and mobile equipment maintenance, sanitary sewer utility markouts and the issuance of sanitary sewer permits.
(6) 
Respond to sewer and sewage overflow emergencies, including regulatory agency reporting.
(7) 
Review and make recommendations on complaints received in connection with the construction and maintenance of Town sewers or claims resulting from sewage spills or blockages.
(8) 
Perform specific duties and conduct miscellaneous construction projects as assigned by the Director.