[Adopted 11-12-2014 by L.L. No. 27-2014]
For the purposes of this article, the following definitions shall apply:
CLEAN FILL
Topsoil, loam, earth, sand, gravel, and other material such as wood in its natural or reprocessed state. Said material shall not contain wood creosote, coal tar creosote, coal tar, coal tar pitch, and/or coal tar pitch volatiles.
IMPORTATION
The act of causing materials, as defined in this article, to be brought to a parcel of real property located within the Town of Southampton, which materials originated from another parcel of real property located either inside or outside of the Town of Southampton.
A. 
Any and all fill in excess of 20 cubic yards imported onto a parcel in connection with the issuance of a building permit within the Town of Southampton must be clean fill.
B. 
As part of the building permit application for any construction within the Town of Southampton where said fill will be used, the owner of the premises, or his or her agent, or the supplier of said fill, shall certify the following:
(1) 
A statement of the proposed work on the premises;
(2) 
The purpose of the proposed importation of the fill;
(3) 
An estimate of the total number of cubic yards of fill proposed to be imported to the premises for the project;
(4) 
The source of the fill to be imported for the project:
(5) 
That said fill does not contain material other than clean fill, as defined in this article, to his or her knowledge.
A. 
After the placement of said fill, or the commencement thereof, if there exists non-natural material, an odor, discoloration, leachate, a film, or a combination of any of these factors, the Town Engineer may require an applicant to submit imported material for testing to determine its physical and/or chemical composition consistent with the purposes of this article.
B. 
The Town Engineer shall arrange for said testing by a certified testing laboratory, with the costs associated with testing the imported fill to be borne by the applicant.
C. 
A violation shall exist when testing reveals soil contamination levels in excess of the Suffolk County Department of Health Services Pumpout and Soil Cleanup Criteria Action Levels.
A. 
Any violation of the provisions of this article shall be punishable by a fine of not less than $1,000 or imprisonment for a period not to exceed 15 days, or both. Any person who is convicted pursuant to this article shall be required to pay a mandatory water quality protection surcharge of $250. The water quality protection surcharge shall be paid to the clerk of the court or administrative tribunal that rendered the conviction, who thereafter shall pay such money to the Town Comptroller, who shall administer such money in accordance with the provisions of Town Code § 8-6.2. Each day's continued violation shall constitute a separate offense.
B. 
In addition, any person convicted pursuant to this article shall be required to remediate the subject premises to the satisfaction of the Town Engineer. Said remediation efforts shall include, but not be limited to, the removal, reduction, and/or proper disposal of contamination pursuant to Article 12 of the Suffolk County Department of Health Services Pumpout and Soil Cleanup Criteria.
C. 
This article in no way intends to supersede or replace any other requirement or obligation imposed on a responsible party under federal, state, or local regulations.