[HISTORY: Adopted by the Board of Trustees
of the Village of Port Washington North by Ord. No. XXII. Amendments
noted where applicable.]
A.
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.
B.
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.
C.
This chapter is hereby declared to be remedial and
shall be construed liberally to secure the beneficial interests and
purposes thereof.
A.
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.
B.
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.
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.
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.
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.
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:
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.
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.
Land under the waters of the Bay below the mean low waterline.
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.
Land between mean high and mean low waterlines.
See "pier."
The superintendent or foreman in direct charge of pier operations.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
Pipelines on piers.
(1)
Pipelines shall be of steel or wrought iron pipe of
at least standard weight and shall be securely supported.
(2)
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.
(3)
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.
(4)
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.
(5)
Pipelines shall be grounded. Grounding connections
on cargo lines shall be located at or near hose connections.
(6)
Pipelines and their control valves shall be permanently
marked as to designate their use.
B.
Cargo hose.
(1)
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.
(2)
Transfer of liquid cargo in bulk between vessels and
piers shall be through flexible cargo hose or flexible jointed tubing
or piping.
(3)
Means of support for cargo hose lines shall be provided
to minimize chafing and kinking during transfer operations.
C.
Storage tanks. Tanks for the storage of flammable
or combustible liquid cargoes shall not be located upon piers.
D.
Fire-extinguishing equipment.
(1)
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.
(2)
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.
E.
Matches and smoking. Smoking is forbidden on a pier.
"No smoking" signs shall be posted in appropriate places.
F.
Cargo handling.
(1)
A sufficient number of men shall be on duty to perform
transfer operations.
(2)
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.
(3)
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.
(4)
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).
(5)
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.
(6)
A red signal (flag by day and electric lantern by
night) shall be so placed as to be visible on all sides.
(7)
All manifold outlets shall be blinded while the vessel
is being moored.
(8)
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.
(9)
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.
G.
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:
(1)
Warnings are displayed as required.
(2)
No repair work on pier is being carried on without
his permission.
(3)
Cargo hose is connected and cargo valves are set.
(4)
There are no fires or open flames present on the pier
in the vicinity of the loading berth.
(5)
The tank vessel concerned has reported itself in readiness
for transfer of cargo.
H.
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:
I.
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.
J.
Containment and removal of spillage.
(1)
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.
(2)
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.
(3)
The aforesaid floating boom shall not be required
when its deployment is prevented by the existence of ice formation
in the Bay.
K.
Maintenance of cargo handling equipment. Pier or wharf
equipment shall be maintained in accordance with this chapter, as
follows:
(1)
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.
(2)
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.
(3)
Shore cargo pump pressure gauges shall be tested at
least once a year for accuracy.
(4)
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.
