Whenever used in this chapter, the following words used in the singular
include the plural and have the following meanings:
COMMISSIONER
The Commissioner of Environmental Control, who shall be the principal
executive officer of the Department.
DEPARTMENT
The Town of Babylon Department of Environmental Control, which performs
a major function of Town government.
DEPUTY COMMISSIONER
A Deputy Commissioner of Environmental Control, who shall act generally
for and in the place of the Commissioner.
There shall be in the Town of Babylon a Department of Environmental
Control. The principal executive officer of the Department shall be the Commissioner,
who shall be appointed by the Town Board for a term fixed by law at such salary
as may, from time to time, be fixed by said Town Board. The Commissioner shall
be appointed on the basis of his administrative qualifications and experience
for the duties of such office and such additional qualifications as may be
required by the said Town Board. The Commissioner shall be the head of the
Department, with authority and power to appoint and remove officers and employees
under his jurisdiction and in accordance with civil service law and other
applicable law.
The Commissioner is empowered herein to appoint one executive Assistant
to the Commissioner and to appoint two Deputies, who shall act generally for
and in the place of the Commissioner and perform such duties as are vested
in that office by the provision of this chapter, statute or other lawful authority.
The Department shall have cognizance of and control over the protection
of the people of the Town of Babylon, present and future, against such activities
as would tend to impair, damage, destroy or otherwise infringe upon the natural
resources and environment of the Town of Babylon. This control includes, but
is not limited to, such powers provided in the Code of the Town of Babylon
relating to the environment and natural resources.
Until such time as the same may be either amended or modified, the Department
shall be divided into the following Divisions:
A. Environmental Facilities.
B. Environmental Management.
The powers and duties of such Divisions therein shall be under the administration,
direction and control of the Commissioner. Each of the Divisions of the Department
shall be supervised by a division head designated a Division Supervisor.
The Commissioner may, with the approval of the Town Board, establish,
consolidate or abolish any divisions or subdivisions now existing or hereafter
created in the Department.
The Division of Environmental Facilities shall supervise and operate
all Town incinerators, landfill sites, scavenger waste treatment plants and
the animal shelter. The Division shall enforce all regulations relating to
refuse collection and disposal performed by private contractors under license
granted by the Town of Babylon. The Division shall provide such other general
services to the Department as may be deemed necessary to administrative support
to the Department.
The Division of Environmental Management shall supervise and control
the waterways of the Town of Babylon and their use. The Division shall coordinate
inspection and enforcement of those provisions of the Code which pertain to
Town waterways with the Division of Environmental Services. The Division shall
supervise a comprehensive shellfish and bay management program, including
depuration or transplanting of shellfish as required, wetlands restoration
and/or creation and similar duties as may be assigned by the Commissioner.
The Department of Sanitation and the Division of Marine Affairs are
hereby abolished and their powers and duties appropriately transferred to
the Department as provided hereinabove.
All costs and expenses incurred by the Department or its officers or
employees on behalf of a special improvement district or a special Town project
shall be charged against the same and paid from the funds duly appropriated
for the purpose of such district or project.
Nothing herein contained shall be construed to delegate or transfer
any power of the Town Supervisor contained in § 29, 52 or 125 of
the Town Law or any other powers which may be lawfully exercised by said Supervisor.