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Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 8-28-1973 (Art. III of Ch. 8 of the 1971 Code). Amendments noted where applicable.]
Environmental quality review — See Ch. 110.
Licenses and permits — See Ch. 147.
The Town Board of the Town of Oyster Bay hereby declares that it is the policy of the town that there shall be no discharge of oil into or upon any of the lands and waters within the jurisdiction of the Town of Oyster Bay; and it is the intent of this chapter to prescribe regulations consistent with nationally recognized good practice for the safeguarding of life, property and natural resources from the hazards of oil pollution arising from the handling and use of oil within the unincorporated areas of the Town of Oyster Bay.
As used in this chapter, the following terms, phrases, words and their derivations shall mean or include:
Any device designated, 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.
Includes, but is not limited to any spilling, unloading, leaking, pumping, pouring, emitting, emptying or dumping, except discharge for any duly authorized municipal purpose or any customarily required private accessory use, such as resurfacing of roads and driveways.
The Division of Environmental Control of the Department of Public Works of the Town of Oyster Bay.
All soil and water of any kind or in any form and shall include all appurtenances whether natural or man-made.
Oil of any kind or in any form, including but not limited to petroleum, gasoline, fuel oil, sludge, oil refuse, vegetable oil and oil mixed with wastes other than dredged spoil.
Any property or any portion thereof which is used for the receipt of oil by vessel, pipeline, tank car or tank vehicle and wherein oil is stored or blended in bulk for the purpose of transferring or distributing the same by vessel, pipeline, tank car, tank vehicle or container; and for the purpose of this chapter, "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 oil; such "oil terminal facility" shall also include any industrial or commercial activity having above ground all storage tanks with a total capacity of 3,000 gallons or more and wherein the storage, handling or use of oil is incidental to, but not the principal 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 oil discharge which may occur in waterways under the jurisdiction of the Coast Guard, including but not limited to wetlands and beaches and the restoration thereof.
In the case of a vessel, any person owning, operating or chartering by demise such vessel or the master of such a vessel.
In the case of an onshore facility, any person owning, operating or managing such onshore facility, whether directly or by lease, contract or any other form of agreement.
In the case of an oil truck or trailer, any person owning, operating or driving such a vehicle.
Any individual, firm, partnership, association, corporation, company or organization of any kind.
The owner or operator or person in control of the source of an oil discharge or spill.
The elimination of oil from the land or the taking of such other 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.
That area situated between 2,000 feet inland from mean high-water mark and 1,500 feet offshore from mean high-water mark.
The unincorporated area of the Town of Oyster Bay, Nassau County, New York and all waters under its jurisdiction.
Every description of watercraft, pipeline or other artificial contrivance used or capable of being used, as a means of transportation of oil on or under land or water.
The discharge of oil on to any public or private land or water within the town in harmful quantities is prohibited. Any discharge in excess on one gallon of oil is deemed to be harmful. Any discharge onto water which creates a visible sheen is deemed to be harmful. The intentional discharge of oil on to any public or private land or water within the town in any quantity is prohibited.
The provisions of this section shall not apply to:
An act of war.
An act of government either federal, state or local.
An act of God, which means an unforeseeable act occasioned by the violence of nature without the interference of any human agency.
Oil drilling in the shoreline area and in all waters and land underwater within the jurisdiction of the Town of Oyster Bay is strictly prohibited.
Notwithstanding any other permits or permission required by any other law, ordinance or governmental body, it shall be unlawful for any person to construct, operate or maintain an oil terminal facility within the unincorporated areas of the Town of Oyster Bay without first obtaining a permit therefor from the Director of the Division of Environmental Control of the Department of Public Works.
Permits are to be issued by the Director of the Division; application for such a permit shall be made in writing to the Division upon forms to be furnished by said Division and shall be sworn to and shall state the name and address of the applicant, the address and location of such oil terminal facility for which the permit is requested, the quantity and type of oil to be stored at such oil terminal facility and the total capacity of the storage tanks; the applicant shall submit with the application a plot plan showing the location thereon of all the improvements and facilities required by this chapter, a scale diagram showing the manner in which oil retention booms shall be deployed; before the issuance of a permit hereunder, the applicant shall file with the Division evidence of compliance with all the provisions of this chapter and/or such other pertinent information as the Division may require.
Any person whose application for a permit or renewal thereof has been denied, revoked or suspended shall have the right to appeal to the Town Board for a review of the determination which denied the application for a permit or a renewal thereof or which revoked or suspended such permit or renewal thereof.
Such appeal shall be in the form of an affidavit and shall state the grounds upon which the appellant claims the determination to be erroneous.
Such appeal shall be filed with the Town Board by the appellant within 20 days after notice of the determination has been mailed or personally delivered to the applicant.
The Town Board shall hold a hearing upon such appeal on a date and at a place and time designated by the town and shall give notice thereof to the appellant.
A permit issued under this chapter shall be valid for a period of 10 years from the date of issuance and may be renewed for additional periods of 10 years; renewal applications are to be made in the same manner and upon the same requirements as an application for an original permit. Permits shall remain in full force and effect unless otherwise revoked or suspended for noncompliance with or violation of any of the provisions of this chapter or until expiration. The fee for the issuance of a permit and renewal hereunder shall be $300, which sum shall be credited to the Environmental Fund account.
All oil terminal facilities shall be inspected by the Division on an annual basis or as often as the Division deems necessary to ensure compliance with the provisions of this chapter. In the event of the discovery of any violation, a second inspection shall be made in not less than 30 days in order to determine compliance with the provisions of this chapter. Upon such a second inspection, any violation of the same provision of this chapter shall result in immediate suspension of the permit, except that the Division may determine that a satisfactory plan for compliance has been established, in which case the Division may grant such extension as it deems necessary to enable completion of such plan. Upon submission of satisfactory evidence of due compliance with the provisions of this chapter, the Division shall reinstate a suspended permit.
The Town Board may, upon the recommendation of the Division and after a duly advertised public hearing thereon, adopt such rules and regulations as it may determine necessary for the administration and enforcement of this chapter, for the issuance of permits, renewals and the reinstatement thereof and for the regulation of all visual site characteristics, including but not limited to screening, plantings, signs, construction materials, lighting and color of tanks. Such rules and regulations, after adoption thereof by the Town Board, shall be made public by once publishing the same in a newspaper designated by the Town Board having general circulation in the town, and by posting a printed copy thereof on the signboard maintained by the Town Clerk pursuant to Subdivision 6 of § 30 of the Town Law and by sending copies via certified mail to all permit holders of record; affidavits of such publication and posting shall be filed with the Town Clerk. Such rules and regulations shall take effect 10 days after publication and posting.
Notwithstanding any provision of any other statute, local law or ordinance, a chainlink fence eight feet high or other suitable barrier or a combination thereof totaling eight feet in height shall be erected and continually maintained as a security measure, along the upland perimeter of every oil terminal facility and parking lot used regularly by oil trucks and trailers, except those parking lots used exclusively for the storage of empty oil tank trucks and trailers, each not containing oil or oil products contained in the engine of such vehicles, or for parking of passenger vehicles of employees.
Oil terminal facilities which on the effective date of this chapter have erected cyclone fences six feet high with three-strand barbed wire may continue to utilize such fences in compliance with Subsection A of this section except that all new fencing shall be eight feet high.
All oil storage areas, oil terminal facilities, terminal storage areas or other like facilities used for oil storage shall be securely enclosed by retaining dikes of a height sufficient to contain 110% of the oil capacity of the largest storage tank contained within the dike, unless otherwise approved by the Nassau County Fire Marshal's office.
The materials used for the construction of the dikes shall be in accordance with specifications contained in any rules and regulations established by the National Fire Protection Association.
All parking lots regularly used for the storage of oil trucks and trailers shall be paved and graded on the effective date of this chapter. The use of garages with concrete floors for the storage of oil vehicles is acceptable.
Parking lots which are paved and graded with run-off flowing to storm drains shall contain an oil-water separator device of sufficient capacity to accommodate the particular lot size and shall be installed and maintained by the operator of the oil terminal facility separate from the municipal storm drainage system except that the water discharge of the oil-water separator device may be introduced into the municipal storm drainage system or into any waterway, after the oil is removed.
Parking lots which are paved and graded with runoff flowing to a drain pit do not require an oil-water separator device so long as such pits are of a type and design and under conditions acceptable to the Division and so long as such pits are maintained and cleaned regularly by the operator.
Every oil terminal facility located within a shoreline shall possess and maintain on site a floating oil-retention boom or similar containment equipment of a length capable of retaining discharges from any oil storage tank, pipeline, hose, truck, trailer, tanker or tanker barge situated at or calling at such facility; the minimum length 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.
Each pier at which tanker or tanker barges moor for purposes of transferring oil to an on-shore oil terminal facility shall have immediate access to a mechanical skimming device capable of collecting oil from a boom-enclosed area. The mechanical skimming device shall be located within 10 miles traveling distance of such oil terminal facility. In the event of a discharge of oil into a waterway, 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.
Absorbents, including any material recognized as capable of effectively absorbing oil from water and also capable of being collected or skimmed off water, shall be kept in quantities satisfactory to the Division at all oil terminal facilities within the Town of Oyster Bay.
Upon request of the Division any oil terminal operator shall provide the following information on any transfer of bulk oil delivered by vessel to the terminal operator, with the following information:
The terminal name and location of anchorage if offshore transfer.
The approximate amount of oil to be transferred.
The product type.
The vessel name.
The expected time and date of vessel arrival.
A telephone report of any discharge of oil in violation of this chapter shall be immediately made by the responsible party or his representative to the Division and if the discharge takes place into a harbor or waterway or into waters flowing into a harbor or waterway or into any conduit emptying into a harbor or waterway such person shall also notify the United States Coast Guard pursuant to federal regulations. The report shall include:
The time of discharge.
The location of discharge.
The type and amount of oil.
Assistance required.
The name and telephone number of person making report.
Other pertinent information.
After removal of such discharge has been completed, the person responsible shall prepare a complete written report of the occurrence and submit such a report to the Division within 10 days. If circumstances make a complete report impossible, a partial report shall be submitted. This report shall include, but not be limited to, the following information:
The date, time and place of discharge.
The name of licensee, name and owner of vessel or other party involved.
The amount and type of oil discharged.
A complete description of circumstances causing discharge.
A complete description of containment and removal operations.
Procedures, methods and precautions instituted to prevent a similar occurrence from reoccurring.
Any person sighting an oil discharge in or on the lands of the town may report such a discharge to the Division giving such information as might be available. The Division shall immediately investigate the reported discharge and, in the event that the discharge is confirmed by the Division, notice shall be given to the person responsible for the discharge; thereafter the person responsible must act according to the applicable provisions of this chapter.
Any person responsible for a discharge of oil in violation of this chapter shall immediately report the discharge to the Division; and if the discharge takes place into a harbor or waterway or into any waters flowing into a harbor or waterway such person shall immediately inform the United States Coast Guard. Failure to report a discharge as specified in this section constitutes a violation of this chapter.
A person responsible for the discharge of oil as prohibited herein shall also 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 Division.
In the event of a discharge, action taken by any person to report, contain or remove such discharge shall not be construed as an admission of liability for such discharge.
The party responsible for an oil discharge shall be liable for costs incurred by the Town of Oyster Bay or any other party for taking necessary steps to collect, contain and remove discharged oil and to restore damaged property to its original state. In any civil suit pursuant to this section, it shall be necessary for the town to prove the source of the oil discharge and that the defendant is the person responsible for the oil discharge and it shall not be necessary for the town to plead or prove negligence, reckless or willful misconduct or intent.
Any civil remedies heretofore existing under statutory or common law are unaffected by this chapter.
Authority to enforce the provisions of this chapter shall be vested in the Nassau County Police Department and other persons who may be designated by the Town Board or by the Division of Environmental Control.
Failure to comply with any of the provisions of this chapter shall constitute a misdemeanor, punishable by a fine up to $1,000 or imprisonment not exceeding 15 days, or both such fine and imprisonment for each violation.
[Added 8-19-1997 by L.L. No. 6-1997]
In addition to and notwithstanding any other remedy for an offense against this chapter, any person violating a directive issued by the Commissioner or his/her duly authorized representative, made pursuant to the provisions of this chapter, shall be guilty of a violation punishable by a fine not exceeding $900 or imprisonment for a period not to exceed 15 days, or both.
In addition to the above-provided penalties and punishment, the Town Board of the town may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
This chapter shall be construed to be ancillary and supplemental to any laws now in force tending to effect the purposes set further in this chapter.
This chapter shall take effect immediately, except that any oil terminal facility which has been lawfully operating as such on the effective date of this chapter, although nonconforming with the provisions of this chapter, may continue to so operate until the expiration of one year from said effective date of this chapter at which time such oil terminal facility shall conform to and comply with all of the provisions of this chapter. The operator of any such prior existing nonconforming oil terminal facility may appeal, in writing, to the Town Board for an extension of no more than one additional year in which to conform, and said operator, in this appeal, must also submit evidence of an effective plan to bring the subject facility into conformity within the duration of the extension requested.