For the purposes of this article, the following
words will mean and be the same as defined herein:
DISCHARGE
Includes, but is not limited to, any spilling, unloading,
leaking, pouring, emitting, emptying or dumping. For the purposes
of this section, any quantity of petroleum product sufficient to produce
a visible sheen on water or a volume of one gallon, whichever is less,
shall be deemed a discharge and shall be subject to the provisions
of this section.
FLOATING OIL RETENTION BOOM
Any device designed and used for the purpose of containing
oil floating on the surface of the water, which device shall have
buoyant qualities and be capable of effectively containing oil within
its perimeter when the water currents and/or winds are four knots
or below.
OIL TERMINAL FACILITY
Any property or any portion thereof which is used for the
receipt of petroleum product by vessel, pipeline, tank car or tank
vehicle and wherein petroleum product is stored or blended in quantity
for the purpose of transferring or distributing the same by vessel,
pipeline, tank car or tank vehicle or container; and for the purposes
of this section oil terminal facility shall include all areas and
all facilities used in, for or in connection with, or incidental or
accessory to, such receipt, storage, blending, transferring or distributing
of petroleum product; such oil terminal facility shall also include
any industrial or commercial activity having aboveground storage tanks
with a total capacity of 1,500 gallons or more and wherein the storage,
handling or use of petroleum product is incidental to, but not the
primary business of, such industrial or commercial activity.
ON SCENE COORDINATOR OF THE UNITED STATES COAST GUARD
Such person, officer or official designated by the United
States Coast Guard for the purpose of undertaking the containment
or removal of any and all petroleum product discharge which may occur
in waterways under the jurisdiction of the United States Coast Guard,
including but not limited to wetlands and beaches and the restoration
thereof.
PERSON
Any individual, public or private corporation, government
agency, municipality, industry, copartnership, association, firm,
trust, estate or any other legal entity.
PETROLEUM PRODUCT
Oil of any kind or in any form, including but not limited
to petroleum, gasoline, fuel oil, sludge, oil refuse, vegetable oil,
lubricating oil and oil mixed with wastes other than dredge spoil.
REMOVE or REMOVAL
The elimination of petroleum product from the surface of
waters or the taking of other such actions as may be necessary to
minimize or mitigate damage to the public health or welfare, including
but not limited to damage to fish, shellfish, wildlife, public and
private property, shorelines and beaches.
VESSEL
Every description of watercraft or other man-made contrivance,
whether capable of self propulsion or not, used or capable of being
used as a means of transport of petroleum product in, on or under
the navigable waters under the jurisdiction of the City of Glen Cove.
WATERS
Any surface or underground waters, including but not limited
to any river, stream, creek, lake, pond, ocean, sound, harbor, embayment,
tidal wetland, freshwater wetland, aquifer, perched water table and
such storm drains and storm sewers as connect thereto; but for the
purposes of this chapter shall not include the municipal sanitary
sewer system of the City of Glen Cove or any private septage system
or cesspool.
All boats or vessels operating within the waters
under the jurisdiction of the City of Glen Cove shall fully comply
with all applicable federal and state laws and such rules and regulations
of any appropriate federal and state agency having jurisdiction thereof.
A person responsible for the discharge of petroleum
product as prohibited by this section shall immediately undertake
to contain and remove such discharges and shall clean and restore
any areas affected by the discharged oil under the supervision and
to the satisfaction of the on scene coordinator of the United States
Coast Guard and the Harbormaster of the City of Glen Cove.
Every oil terminal facility operating within
the City of Glen Cove has to provide and designate a person in charge
during the transfer of any petroleum products from a vessel to the
oil terminal facility. Such person shall be in charge and have authority
to direct the transfer operation, and in the event of a discharge
or of spillage of petroleum product, such person shall be responsible
for immediately notifying and alerting the United States Coast Guard
and the Harbormaster of the City of Glen Cove.
The person, firm, corporation, association,
owners, lessee or user of a vessel or facility causing the spillage
of petroleum product or other pollutant resulting in an expenditure
by the City of Glen Cove for the use of its personnel, including personnel
contracted to remove such spillage and equipment shall be liable to
the city and shall reimburse the city upon due notice for the expenditures
of the sums involved to remove the spillage and for any and all damage
to city property. This provision shall not exempt any person from
any common law remedies, statutory actions or proceedings provided
for under applicable federal, state and county laws, and those regulations
promulgated thereunder, and any other applicable ordinance of the
City of Glen Cove and any regulations promulgated thereunder.
The Office of the Harbormaster of the City of
Glen Cove may adopt such rules and regulations as it may determine
necessary for the administration and enforcement of this article.