[HISTORY: Adopted by the Board of Trustees of the Village of Port Washington North by Ord. No. XXII. Amendments noted where applicable.]
The Board of Trustees of the Village of Port Washington North recognizes that Manhasset Bay and the land fronting on it constitute a unique physical, social, aesthetic, recreational and economic asset to existing and future residents of the Village and its surrounding communities. Therefore, it is the declared policy of the Village Board to provide for the protection, preservation and proper maintenance of the waterways and waterfront under its jurisdiction.
In keeping with the aforesaid policy, it is the intent of this chapter to prescribe regulations consistent with the present state of technological development to prevent the despoiling or polluting of the Bay waters and waterfront of the Village and to safeguard to a reasonable degree life and property from the hazards of fire, explosion and spillage arising from the bulk handling and use of petroleum products being loaded or discharged by tank vessels in that portion of the Bay coming under the jurisdiction of the Incorporated Village of Port Washington North.
This chapter is hereby declared to be remedial and shall be construed liberally to secure the beneficial interests and purposes thereof.
All premises and facilities constructed on waterfront land or extending over the water, within the Village of Port Washington North, shall conform to the provisions of this chapter.
The provisions of this chapter shall supplement local, federal and state laws, ordinances, codes and regulations. Where a provision of this chapter is found to be in conflict with any provisions of such local, federal or state requirements, the provision which is more restrictive, or which establishes the higher standard, shall prevail.
Unless otherwise expressly stated herein, the following terms shall have the meaning indicated:
- Manhasset Bay and all bodies of water connected therewith and all water flows leading thereto.
- BONDING WIRES (also termed "grounding" or "grounding wires")
- An electrically conductive wire of sufficiently low resistance to permit free conduction of static charges but of a wire gauge sufficiently large to assure adequate mechanical strength.
- BULKHEAD WALL
- A retaining wall of timber, stone, concrete, steel or other material built or deposited along the water.
- COMBUSTIBLE LIQUIDS
- Any liquid having a flash point at or above 140º F. (60º C.).
- Wastewater or other liquid, partially or completely treated or in its natural state.
- FLAMMABLE LIQUID
- Any liquid having a flash point below 140º F. and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100º F.
- FLASH POINT
- The temperature at which a liquid gives off vapor sufficient to form an ignitable mixture with the air near the surface of the liquid or within the vessel used, as determined by appropriate test procedure and apparatus as specified below:
- A. The flash point of liquids having a viscosity of less than 45 SUS at 100º F. (37.8º C.) and a flash point below 175º F. (79.4º C.) shall be determined in accordance with the Standard Method of Test for Flash Point by the Tag Closed Tester, ASTM D-56-69.
- B. The flash point of liquids having a viscosity of 45 SUS or more at 100º F. (37.8º C.) or a flash point of 175º F. (79.4º C.) or higher shall be determined in accordance with the Standard Method of Test for Flash Point by the Pensky Closed Tester, ASTM D-93-69.
- Any material which has a fluidity greater than that of 300 penetration asphalt when tested in accordance with ASTM Test for Penetration for Bituminous Materials, D-F-65. When not otherwise identified, the term "liquid" shall include both flammable and combustible liquids.
- Any individual, partnership, unincorporated association, firm, corporation, organization or other entity.
- A structure, usually of greater length than width, of timber, stone, concrete, steel or other material, and projecting from the shore so that vessels may be moored alongside for loading and unloading or for storage. A pier may be either open deck or covered by a shed. For the purpose of this chapter, where the term "pier" is used, it shall be construed as including "wharf."
- A vessel designed or used for carrying liquid cargo.
- UNDERWATER LAND
- Land under the waters of the Bay below the mean low waterline.
- VAPOR PRESSURE
- The pressure, measured in pounds per square inch (absolute), exerted by a volatile liquid as determined by the Standard Method of Testing for Vapor Pressure of Petroleum Products (Reid Method), ASTM D-323-58.
- A watercraft or other artificial contrivance or structure used, or capable of being used, as a means of transportation on water.
- The Village of Port Washington North.
- WATERFRONT LAND
- Land between mean high and mean low waterlines.
- See "pier."
- WHARF MASTER
- The superintendent or foreman in direct charge of pier operations.
It shall be unlawful for any person to use or occupy any waterfront land within the Village or to erect or alter a building or structure thereon or fill or dredge the same without first obtaining a permit hereunder from the Board of Trustees of the Village.
It shall be unlawful for any person to fill or dredge any land under the waters of the Bay within the Village or to erect or alter a building or structure thereon without first obtaining a permit hereunder from the Board of Trustees of the Village.
It shall be unlawful for any person to discharge any effluent into the Bay without first obtaining a permit hereunder from the Board of Trustees of the Village, unless the same is discharged as part of a municipal sanitary sewer or drainage system.
It shall be unlawful for any person to discharge oil or oil-contaminated water or permit the same to escape from any vessel or land facility into the Bay.
No person shall place, deposit, keep or maintain any derelict or sunken hulks, unused pilings or debris on waterfront or underwater land within the Village.
No owner, lessee or occupant of waterfront or underwater land within the Village shall permit or suffer any derelict or sunken hulks, unused pilings or debris to remain on said land after receipt of written notification from the Building Inspector to remove same.
The provisions of this chapter shall be administered and enforced by the Building Inspector of the Village and such other persons as may be designated by the Board of Trustees of the Village.
For any and every violation of the provisions of this chapter, the owner of a building, structure or premises where such violation has been committed or shall exist, and the lessee or occupant of a building, structure or premises where such violation has been committed or shall exist, and the owner, lessee or occupant of any part of a building, structure or premises in which part such violation has been committed or shall exist, and the owner or operator of a vessel involved in such violation and any other person who knowingly commits, takes part or assists in such violation or who maintains any building, structure, premises or vessel in which any such violation shall exist, shall be liable on conviction thereof to a fine or penalty not exceeding $250 for each and every offense. Whenever such person shall have been notified by the Building Inspector of the Village or such other person as may be designated by the Board of Trustees of the Village that he is committing such violation of this chapter, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.
Each pier at which petroleum products or flammable and/or combustible liquid cargoes in bulk are to be transferred to or from tank vessels shall be equipped and protected in accordance with the provisions herein specified.
Pipelines on piers.
Pipelines shall be of steel or wrought iron pipe of at least standard weight and shall be securely supported.
Pipelines shall be equipped with valves on shore so located as to be easily accessible and not to be endangered by a fire on the pier.
Pipelines shall be installed in a safe and workmanlike manner and shall be tested annually for tightness at pressures at least 25 pounds per square inch in excess of their maximum working pressures.
Access shall be provided to valves and connections to pipelines below deck. No materials shall be placed on piers in such a manner as to interfere with the opening of trapdoors which provide access to valves and pipe connections below deck.
Pipelines shall be grounded. Grounding connections on cargo lines shall be located at or near hose connections.
Pipelines and their control valves shall be permanently marked as to designate their use.
Cargo hose shall be of a grade suitable for the cargo to be transferred and designed to withstand safely the maximum working pressure to which it is to be subjected.
Transfer of liquid cargo in bulk between vessels and piers shall be through flexible cargo hose or flexible jointed tubing or piping.
Means of support for cargo hose lines shall be provided to minimize chafing and kinking during transfer operations.
Storage tanks. Tanks for the storage of flammable or combustible liquid cargoes shall not be located upon piers.
Piers shall be provided with both a water fire-extinguishing system and a foam fire-extinguishing system. In lieu of the foam system, extinguishers suitable for flammable and combustible liquid fires, in quantities at least equivalent to 33 gallons of foam solution, shall be provided.
Water fire lines with hydrants and hose shall be installed in such a manner as to make water streams applicable to every part of the pier.
Matches and smoking. Smoking is forbidden on a pier. "No smoking" signs shall be posted in appropriate places.
A sufficient number of men shall be on duty to perform transfer operations.
In the transfer of cargo to or from an unmanned barge, a licensed deck officer or certificated tanker man is required to be on board the vessel.
A tank vessel may be electrically connected by bonding cable to the shore piping through which the cargo is to be transferred, prior to the connection of a cargo hose. This electrical connection, if made, shall be maintained until after the cargo hose has been disconnected and any spillage has been removed.
Sufficient hose shall be used to provide for movement of the vessel. Gaskets shall be used in every hose joint and in couplings to pipelines; and where bolted flanged joints are used, a sufficient number of bolts shall be used to secure a tight connection. Under no circumstances shall less than three bolts be used in a bolted flanged coupling. When hose is supported by shore tackle, the wharf master shall see that sufficient tackles are used. Pans shall be placed prior to removal of blind flange(s).
Sufficient bow-and-stern and forward-and-after spring lines shall be rigged so as to prevent undue ranging of the vessel in the berth.
A red signal (flag by day and electric lantern by night) shall be so placed as to be visible on all sides.
All manifold outlets shall be blinded while the vessel is being moored.
At the time the gangway is rigged, warning placards shall be displayed to warn persons approaching the gangway. The placards, which are in letters not less than two inches high, are to read, WARNING: NO NAKED LIGHTS, NO SMOKING, NO UNAUTHORIZED PERSONS, or equivalent language approved by the Building Inspector.
Emergency towing wires of sufficient length to reach the water surface, having a suitable eye at the outboard end, will be rigged through forward and after chocks on the offshore side.
Inspection prior to transfer of cargo. Prior to the transfer of cargo the wharf master shall inspect the pier to assure himself that the following conditions exist:
Warnings are displayed as required.
No repair work on pier is being carried on without his permission.
Cargo hose is connected and cargo valves are set.
There are no fires or open flames present on the pier in the vicinity of the loading berth.
The tank vessel concerned has reported itself in readiness for transfer of cargo.
Conditions under which transfer operations shall not be commenced or, if started, shall be discontinued. Cargo transfer operations shall not be started or, if started, shall be discontinued under the following conditions:
Termination of transfer operations. When transfer operations are completed, the valves on hose connections on the pier shall be closed. The cargo hose shall be drained of cargo. Drip pans shall be emptied into the tank vessel or a holding tank.
Containment and removal of spillage.
All tankers containing any liquid cargo, which are moored, anchored or docked, shall be completely surrounded by a floating, oil-retention boom system to create an oil-impounding basin. In addition, during loading and unloading operations, the pier shall also be surrounded by an oil-retention boom system.
Each petroleum pier shall be equipped with a mechanical skimming device capable of transferring a petroleum-and-water mixture from the surface of the impounding basin into a tank for safe disposal. In the event of a spill, the floating booms shall remain in position and the skimming device utilized to immediately transfer the petroleum-and-water mixture to a holding tank.
The aforesaid floating boom shall not be required when its deployment is prevented by the existence of ice formation in the Bay.
Maintenance of cargo handling equipment. Pier or wharf equipment shall be maintained in accordance with this chapter, as follows:
Shore cargo hose shall not be used in transfer operations in which the pressures are such that leakage of cargo occurs through the body of the hose.
Shore cargo pump relief valves shall be tested at least once a year to determine that they function satisfactorily at the pressure at which they are set to open.
Shore cargo pump pressure gauges shall be tested at least once a year for accuracy.
The cargo discharge piping on piers shall be tested at least once each year for tightness, at the maximum working pressure.
In the case of emergencies, nothing in this chapter shall be construed as preventing the wharf master from pursuing the most effective action in his judgment for rectifying the conditions causing the emergency.
It shall be the duty of the Building Inspector to inspect, or cause to be inspected, any or all vessels and piers handling petroleum products within the confines of the Village as often as may be necessary for the purpose of ascertaining and causing to be corrected any condition liable to cause fire or endanger life or property from fire or any violation of the provisions or intent of this chapter and of any other ordinance affecting the fire hazard.