[Added 3-13-1990]
For the purposes of this article, the following
words will mean and be the same as defined herein:
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.
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.
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.
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.
Any individual, public or private corporation, government
agency, municipality, industry, copartnership, association, firm,
trust, estate or any other legal entity.
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.
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.
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.
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.
A.
The discharge of oil, petroleum products, petroleum
by-products and other pollutants into or onto any water, waterways,
beaches and lands adjoining the shorefront under the jurisdiction
of the City of Glen Cove by any person is prohibited.
B.
Notwithstanding any other provision of the Code of
the City of Glen Cove, it shall be unlawful to discharge any quantity
of oil, petroleum products, petroleum by-products and other pollutants
into or onto any water, waterways, beaches and lands adjoining the
shorefront under the jurisdiction of the City of Glen Cove, including
any storm drain connected thereto, resulting from any emergency response
activity, including fire-fighting and rescue operations, within the
City of Glen Cove.
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.
A.
All oil terminal facilities located on or adjacent
to the waters under the jurisdiction of the City of Glen Cove shall
have available in appropriate locations on their waterfronts a floating
oil retention boom of sufficient length to contain any discharges
of petroleum product; the minimum length of floating oil retention
boom shall be 1,000 feet. Every oil terminal facility shall also possess
a watercraft capable of effectively deploying the oil retention boom.
In the event of a discharge of petroleum product into the waters under
the jurisdiction of the City of Glen Cove, floating oil retention
booms shall be immediately deployed so as to contain the discharge.
During the offloading or onloading of any vessel used to transport
petroleum products, the floating oil retention boom shall be deployed
in such a manner as to contain any such petroleum product lost or
discharged into said waters during such transfer.
B.
All marinas located on or adjacent to the waters under
the jurisdiction of the City of Glen Cove shall have available in
appropriate locations on their waterfronts a floating oil retention
boom of sufficient length to contain any discharges of petroleum product;
the minimum length of floating oil retention boom shall be 1,000 feet.
Every marina shall also possess a watercraft capable of effectively
deploying the oil retention boom. In the event of a discharge of petroleum
product into the waters under the jurisdiction of the City of Glen
Cove, floating oil retention booms shall be immediately deployed so
as to contain the discharge. During the offloading or onloading of
any vessel used to transport petroleum products the floating oil retention
boom shall be deployed in such a manner as to contain any such petroleum
product lost or discharged into the said waters during such transfer.
C.
All oil terminal facilities located on or adjacent
to the waters under the jurisdiction of the City of Glen Cove shall
have immediate access to a mechanical skimming device capable of collecting
oil from an area enclosed by a floating oil retention boom. In the
event of a discharge of petroleum product into the waters under the
jurisdiction of the City of Glen Cove, floating oil retention booms
shall be immediately deployed so as to contain the discharge and thereafter
the mechanical skimming device shall be utilized to remove such discharge.
D.
All vessels engaged in the transportation of petroleum
products using the waters under the jurisdiction of the City of Glen
Cove shall have available a minimum length of floating oil retention
boom sufficient to completely encircle the vessel. During the offloading
or onloading of any vessel used to transport petroleum products the
floating oil retention boom shall be deployed in such a manner as
to contain any such petroleum product lost or discharged into said
waters during such transfer.
A.
Absorbants, including any material recognized as capable
of effectively absorbing petroleum product from water and also capable
of being collected or skimmed off water, shall be kept in quantities
satisfactory to the Office of the Harbormaster of the City of Glen
Cove at all oil terminal facilities within the City of Glen Cove.
B.
Nonsinkable absorbent materials may be used if they
are readily recoverable from the surface of the water.
C.
The use of detergents, chemicals and other materials
for the removal of oil spills or slicks shall be as follows:
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.
A.
In the event of an oil spillage or discharge, the
company operating the oil terminal facility, the owner, operator,
person in charge or the vessel captain shall immediately notify the
United States Coast Guard and the Harbormaster of the City of Glen
Cove and shall forthwith assign its personnel to install and deploy
the floating oil retention boom to contain the oil slick or spillage
and shall immediately undertake to remove such discharge from the
waters or shorelines of the City of Glen Cove. Notwithstanding the
above requirement, the United States Coast Guard on scene coordinator
or the Harbormaster of the City of Glen Cove may undertake whatever
action he or she may deem to be appropriate under the circumstances
for the immediate removal of such discharge and may contact, contract
and employ such person or persons who shall operate under the direction
of the Coast Guard on scene coordinator or the Harbormaster of the
City of Glen Cove in the removal of such discharge.
B.
Any person responsible for a discharge of petroleum
product in violation of this article shall immediately notify the
appropriate United States Coast Guard station, the New York State
Department of Environmental Conservation and the Harbormaster of the
City of Glen Cove of the discharge of any petroleum product or pollutant
into the waters under the jurisdiction of the City of Glen Cove. It
is intended herein that all spills are to be reported to the United
States Coast Guard and the Harbormaster of the city. The failure to
report a discharge shall be deemed a violation of this section.
C.
Notification shall consist of an initial telephone
report to each and every above-mentioned agency, and shall include
the location of the discharge, the time of discharge, the type and
estimated volume of petroleum product discharged, the name and telephone
of the person making the report and any and all assistance that may
be required. The initial telephone report shall be followed by a complete
written report of the discharge which shall be submitted to the Office
of the Harbormaster within 10 days of the discharge. The written report
shall be submitted on a form to be provided by the Office of the Harbormaster
and shall include, but not be limited to, the following information:
the date, time and place of the discharge, the name and location of
the facility, owner and captain of the vessel or other party involved,
the type and total volume of petroleum product discharged, a complete
and detailed description of the circumstances causing the discharge,
a complete and detailed description of the containment and removal
operations and procedures, methods and precautions instituted to prevent
a recurrence of such discharge.
D.
Any person sighting a discharge of petroleum product
into any waters under the jurisdiction of the City of Glen Cove shall
immediately notify the Harbormaster of the City of Glen Cove, providing
such information as is available. The Harbormaster shall immediately
investigate the reported discharge and in the event that the discharge
is confirmed by such investigation, notice shall be given to the person
responsible for the discharge who shall take immediate action to remove
the petroleum product.
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.
