[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.
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.
The Commissioner of the Department of Conservation and Waterways
of the Town of Hempstead.
The Department of Conservation and Waterways of the Town
of Hempstead.
Includes, but shall not be limited to, any spilling, leaking,
pumping, pouring, emitting, emptying or dumping of oil.
The enforcement officer of the Department of Conservation
and Waterways of the Town of Hempstead.
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.
Any oil handling facility, including oil storage terminals,
oil loading terminals or oil transporting vehicles of any kind located
within the Town of Hempstead.
An individual, partnership, unincorporated association or
corporation or any legally constituted entity.
The taking of reasonable and appropriate measures to contain
and remove the spillage of oil and to repair damage to public property.
An iridescent appearance on the surface of the water.
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]
Any accidental, negligent or willful emission of oil into
the waters of the Town of Hempstead.
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.
The movement of oil from any vessel or container to another.
Every description of watercraft or other artifical contrivance
used or capable of being used as a means of transportation on water.
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.
