Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Bay and harbor bottoms — See Ch. 8.
Water — See Ch. 79.
[Adopted 6-16-1987 by L.L. No. 7-1987]

§ 78-1 Duty and obligation.

A. 
By virtue of the Royal Charter from Charles II to James Duke of York dated December 22, 1663, the Dongan Patent from Governor Thomas Dongan to the Town of Brookhaven dated December 27, 1686, and the Constitution of the State of New York enacted on April 20, 1777, the Trustees of the Freeholders and Commonalty of the Town of Brookhaven, now known as the "Board of Trustees," were entrusted with title to all subterranean waters within the boundaries of the Town of Brookhaven and are vested with the duty and obligation to protect these valuable waters so that they are not appropriated, polluted or removed in such a manner as to diminish the supply of water to the detriment of the Trustees of the Freeholders and Commonalty of the Town of Brookhaven.
B. 
It is hereby declared to be the policy of the Town of Brookhaven to protect the supply of groundwaters within the Town of Brookhaven from appropriation, pollution and removal so that the residents of the Town of Brookhaven will be ensured of an ample supply of clean and safe drinking water.

§ 78-2 Definitions.

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."

§ 78-3 Permit required.

A. 
No person may remove subterranean waters located within the Town of Brookhaven without first having obtained a permit from the Trustees and the Town Board as provided herein.
B. 
No person may discharge any industrial waste within the Town of Brookhaven without first having obtained a permit from the Trustees and the Town Board as provided herein.

§ 78-4 Exceptions.

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.

§ 78-5 Application procedure; fee.

A. 
Procedure. An application for the removal of subterranean waters or for the discharge of industrial waste shall be made simultaneously to the Trustees and the Town Board on such form and in such manner as shall be prescribed by the Town Board. Said application shall be filed with the Town Clerk and shall be accompanied by a fee of $1,000.
B. 
Public hearing. No later than 90 days after receipt of an application, a public hearing shall be held by the Town Board and the Trustees. Said time period may be extended with the consent of the applicant. The Town Clerk shall cause notice of said public hearing to be published in an official newspaper of the Town of Brookhaven no less than 10 days prior to the scheduled date of said public hearing.
C. 
Departmental review. All such applications shall be forwarded to the Commissioner of the Department of Planning, Environment and Development, who shall cause a review of said applications to be made and shall report, in writing, to the Trustees prior to the public hearing provided herein. With the permission of the Town Board, said Commissioner shall have the power to employ experts for the purpose of reviewing each application.

§ 78-6 Issuance of permit; conditions.

A. 
The Trustees and the Town Board may issue a permit only upon the finding that the appropriation and removal of subterranean waters or the discharge of industrial waste into the groundwaters within the Town of Brookhaven will not diminish or harm the supply of subterranean waters to the detriment of the residents and property owners of the Town of Brookhaven.
B. 
The Trustees and Town Board shall have the power to impose such conditions on the issuance of any permit as it deems necessary to protect the supply of subterranean waters located within the Town of Brookhaven.

§ 78-7 Rates.

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.

§ 78-8 Penalties for offenses.

A. 
Criminal sanctions.
(1) 
Any person who violates any provision of this article or the conditions imposed by the Trustees upon an approved permit shall, for the first offense, be guilty of a violation punishable by a fine of not less than $500 nor more than $1,000, and for a second and each subsequent offense, be guilty of a misdemeanor punishable by a fine of not less than $1,000 nor more than $2,000, or a term of imprisonment of not less than 15 days nor more than six months, or both. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be a separate and distinct offense.
(2) 
Any corporation which violates any provision of this article or the conditions imposed by the Trustees upon an approved permit shall, for the first offense, be guilty of a violation punishable by a fine of not less than $500 nor more than $1,000, and for a second and each subsequent offense, be guilty of a misdemeanor punishable by a fine of not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than 15 days nor more than six months, or both. Each offense-shall be a separate and distinct offense, and, in the case of a continuing offense, each days' continuance thereof shall be a separate and distinct offense.
B. 
Equitable relief. The Town of Brookhaven shall have the right to seek equitable relief to restrain any violation or threatened violation of any provisions of this article.
[Adopted 1-29-2015 by L.L. No. 1-2015, effective 2-17-2015]

§ 78-9 Purpose.

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.

§ 78-10 Designation of district.

A. 
The discharge standards for existing and new intermediate flow sanitary systems in the Carmans River one-hundred-year groundwater contributing area is applicable to the entire one-hundred-year groundwater contributing area of the Carmans River as set forth within the Carmans River Conservation and Management Plan and applies to all properties with existing or future intermediate sanitary flow of wastewater between 1,000 gallons per day and 30,000 gallons per day.
B. 
The criteria set forth in this article are in addition to any and all other approvals required by other government agencies.

§ 78-11 Water quality discharge standard.

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.

§ 78-12 Implementation.

A. 
All new sanitary systems and sewage treatment facilities shall be required to comply with the terms and conditions herein as of the effective date of this article.
B. 
All intermediate flow sanitary systems and sewage treatment plants existing prior to the effective date of this article shall make the necessary improvements and upgrades to comply with the terms and conditions herein within 10 years of the effective date of this article.
(1) 
The Town Board may grant an extension of time for implementing the necessary improvements and upgrades, upon written request from the applicant/owner to the Town Clerk. The Town Board may grant a maximum of one extension, not to exceed five years. Said request must sufficiently demonstrate that:
(a) 
The applicant is diligently pursuing other required governmental permits or other approvals; and
(b) 
The applicant is subject to substantial hardship delaying compliance; and
(c) 
The extension request is received by the Town Clerk prior to the expiration of the ten-year period.

§ 78-13 Application procedure.

A. 
Any applicant/owner of a project that requires Suffolk County Department of Health Services approval for an existing or proposed intermediate sanitary flow of wastewater between 1,000 gallons daily and 30,000 gallons daily within the designated district shall also submit an application to the Division of Environmental Protection, which shall include a copy of such Suffolk County Department of Health Services application.
B. 
The Division of Environmental Protection, or its designee, shall review such application for conformance with the discharge standards set forth herein. If the application is in conformance with discharge standards, the Division of Environmental Protection shall issue a notice of compliance. If the application is not in conformance with the discharge standards, the Division of Environmental Protection will issue a notice of non-compliance and notify the Suffolk County Department of Health Services that the application is in violation of Town Code standards.
C. 
Permitting and reporting.
(1) 
Any application shall demonstrate that all permitting fees and reporting requirements are in compliance with requirements of the Suffolk County Sanitary Code and/or ECL Article 17 relating to the State Pollution Discharge Elimination System (SPDES) program. A copy of any and all monitoring reports, engineer's reports, and performance and maintenance reports required pursuant to the Suffolk County Sanitary Code and/or ECL Article 17 shall also be submitted to the Division of Environmental Protection of the Town of Brookhaven in the same manner as required by the Suffolk County Department of Health Services.

§ 78-14 Penalties for offenses.

A. 
Penalties and fines.
(1) 
Any person who violates any provision of this article shall, for the first offense, be guilty of a violation punishable by a fine of not less than $500 nor more than $1,000, and for a second and each subsequent offense, be guilty of a fine of not less than $1,000 nor more than $2,000. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be a separate and distinct offense.
(2) 
Any corporation which violates any provision of this article shall, for the first offense, be guilty of a violation punishable by a fine of not less than $500 nor more than $1,000, and for a second and each subsequent offense, be guilty of a fine of not less than $1,000 nor more than $2,000. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be a separate and distinct offense.
B. 
Any fines collected pursuant to this article shall be deposited in the Carmans River Conservation and Management Plan Fund, the purpose of which shall be to provide funding to implement recommendations of the Plan, as recommended by the Carmans River Conservation and Management Plan Performance Committee, and approved by resolution of the Town Board.
C. 
Equitable relief. The Town of Brookhaven shall have the right to seek equitable relief to restrain any violation or threatened violation of any provisions of this article.

§ 78-15 General severability.

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.