[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.]
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.
A.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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:
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:
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:
A.
The date, time and place of discharge.
B.
The name of licensee, name and owner of vessel or other party involved.
C.
The amount and type of oil discharged.
D.
A complete description of circumstances causing discharge.
E.
A complete description of containment and removal operations.
F.
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.
A.
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.
B.
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.
[Amended 3-7-2023 by L.L. No. 4-2023]
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; amended 3-7-2023 by L.L. No. 4-2023]
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.
[Added 3-7-2023 by L.L. No. 4-2023]
Any person found by the Bureau of Administrative Adjudication
to have violated any provision of this chapter shall be subject to
a monetary penalty within the range of fines authorized herein.
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.
