[HISTORY: Comes from L.L. No. 79-1977, adopted 8-23-1977, effective 8-29-1977.]
[1]
Editor's Note: Original § 160-0 of this chapter provided the following legislative intent: "In an endeavor to protect Town surface waters and shoreline from irreparable damage from oil spills, this Town Board enacts the following precautionary legislation."
As used in this chapter, the following words and phrases shall have the meanings assigned. Where necessary, the singular shall include the plural, and the plural shall include the singular.
BOOM
A floating device designed and constructed to rest above and below the surface of the water and which is positioned to prevent oil dispersion in the event of an inadvertent oil discharge.
COMMISSIONER
The Commissioner of the Department of Conservation and Waterways of the Town of Hempstead.
DEPARTMENT
The Department of Conservation and Waterways of the Town of Hempstead.
DISCHARGE
Includes, but shall not be limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping of oil.
OFFICER
The enforcement officer of the Department of Conservation and Waterways of the Town of Hempstead.
OIL
Oil of any kind or in any form, including but not limited to petroleum, fuel oil, sludge, oil refuse, oil mixed with ballast or bilge and oil mixed with wastes other than dredged spoil.
ONSHORE FACILITY
Any oil handling facility, including oil storage terminals, oil loading terminals or oil transporting vehicles of any kind located within the Town of Hempstead.
PERSON
An individual, partnership, unincorporated association or corporation or any legally constituted entity.
REMOVE or REMOVED
The taking of reasonable and appropriate measures to contain and remove the spillage of oil and to repair damage to public property.
SHEEN
An iridescent appearance on the surface of the water.
SLUDGE
An aggregate of oil or oil and other matter of any kind, other than dredged spoil, having a combined specific gravity equivalent to or greater than water.
[Amended 9-16-1980 by L.L. No. 83-1980, effective 9-23-1980]
SPILLAGE
Any accidental, negligent or willful emission of oil into the waters of the Town of Hempstead.
TOWN
The Town of Hempstead, public land or lands underwater within or adjacent to the borders of the Town of Hempstead, including all drainage systems and watercourses.
TRANSFER
The movement of oil from any vessel or container to another.
VESSEL
Every description of watercraft or other artifical contrivance used or capable of being used as a means of transportation on water.
WATERS
Includes any waterway or watercourse of the Town of Hempstead, the bed of which is owned by the Town, or in which the Town has any interest for drainage or otherwise.
[Amended 9-16-1980 by L.L. No. 83-1980, effective 9-23-1980]
It shall be an offense against this chapter for any person, whether by omission, commission, failure to take proper precautions or otherwise, to discharge or cause to be discharged any oil into or upon any drainage system leading to tributaries to Hempstead Bay Estuary or upon estuarine waters within the Town or waters adjoining the shoreline thereof.
For enforcement purposes, the officer shall determine whether or not any of the following apply:
A. 
Visible sheen upon the water.
B. 
Sludge or emulsion deposited beneath the surface of the water or upon adjoining shorelines.
C. 
Evidence, through specimen samples taken within a reasonable time after the discharge, that the water quality standards of the State of New York have been violated by oil contamination.
In the event of an oil discharge at an onshore facility or from a vessel, the person in charge shall immediately notify the Department.
A. 
All onshore facilities shall furnish floating booms of sufficient length and depth to contain oil adjacent to any vessel in the event of a discharge during oil transfer operations.
B. 
It shall be an offense against this chapter for any person to allow a transfer of oil from any vessel unless and until oil booms are placed in such manner as to contain any or all oil discharged, and said booms shall remain in position until all hoses have been disconnected and all discharge has been contained, removed or otherwise remedied.
C. 
All parking lots for oil trucks and trailers and all loading docks regularly used and maintained for the storage and transfer of oil shall be graded and paved to drains which shall lead to oil-water separators of a capacity sufficient to accommodate stormwater runoff from the particular area. Separators shall have the capability of removing oil so that any overflow to the storm drain leading to a waterway or watercourse does not contain oil of such volume and specific gravity as to contaminate the surface water to the extent that there is a violation of the water quality standards of the State of New York.
A. 
Any person responsible for allowing any oil discharge shall take immediate and appropriate measures to contain, collect and remove said oil discharge and to return the area affected to its original state as reasonably as possible.
B. 
If immediate corrective measures are not taken, as prescribed above, to contain, collect and remove an oil discharge, the Commissioner is hereby authorized to take appropriate measures to contain, collect and remove the oil discharge at the cost and expense of the person responsible.
C. 
In the commencement of an action pursuant to this section, the burden of proof shall be on the Town, as plaintiff, to prove the source of the oil discharge and that the defendant is the person responsible for said oil discharge. It shall not be necessary for the Town to plead or prove negligence, reckless or willful misconduct or intent.
A. 
An offense against the provisions of § 160-4 hereof, entitled "Duty to notify," shall constitute an unclassified misdemeanor and shall be punishable by a fine not exceeding $25,000 or imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment.
[Amended 6-17-1986 by L.L. No. 48-1986, effective 6-23-1986]
B. 
A failure to comply with the other sections of this chapter shall constitute a Class A misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment for a period not exceeding one year, or by both such fine and imprisonment.
C. 
In addition to the aforesaid penalties, any violator shall also be liable to the Town for the full cost of containment, collection and removal of oil and the full cost of restoration of damage in those situations where the Commissioner has taken appropriate measures against the person responsible.
In addition to the above penalty provisions, the Town Board is hereby authorized to commence an action or proceeding on behalf of the Town in a court of competent jurisdiction to compel compliance with, or restrain by injunction, any infringement against this chapter.