It has been established that the indiscriminate burial of trees,
tree branches and other debris upon property and the use of unacceptable
fill contribute to improper grading, structural instability, flooding,
contamination, and subsoil insect infestation. It is the purpose of
this chapter to prevent the indiscriminate burial of trees, tree branches,
and other debris and the use of unacceptable fill on property located
within the Town of Brookhaven in order to protect the health, safety
and welfare of the residents of the Town of Brookhaven.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCEPTABLE FILL
Material that is artificially deposited on a site which:
A.
Is composed of clean, non-burnable inorganic components containing
no solid waste; and
B.
Is generally derived from residential excavations or sand mining
of undeveloped lands; and
C.
Exhibits good drainage characteristics and does not contain
more than 5% clay or silt; and
D.
Does not contain contaminants in excess of soil cleanup objectives
under 6 NYCRR Part 375-6.8(b) for the approved land use; and
E.
Does not contain refuse or offal or other unwholesome matter,
recognizable concrete, steel, or brick or any discarded material or
substances, including but not limited to garbage, rubber, glass, refuse,
sludges from air or water pollution control facilities or water supply
treatment facilities, rubbish, ashes, dredge spoils, contained gaseous
materials, incinerator residue, construction and demolition debris
and other discarded materials and substances resulting from industrial,
commercial, mining or agricultural operations or from community activities,
or the carbon component (or "content of") in energy waste, or any
organic matter that may decompose over time
DEBRIS
The remains of any material that is present upon a lot and
which was not naturally existing upon such lot prior to its development,
including but not limited to scrap wood, lumber, shingles, building
materials, tires, cans, paper, insulation and cement.
PERSON
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind,
or agent thereof.
TREE
Any woody plant or part thereof, including the root system
and branch system, which plant measures at least five feet from the
point where such plant enters or would enter the ground to the farthest
point of any branch, leaf or extremity.
The burial of trees or debris in, upon or under property located
within the Town of Brookhaven is expressly prohibited.
Only acceptable fill shall be permitted to be used on property
within the Town of Brookhaven.
This chapter does not apply to the burial or other disposition of trees, debris, or materials which do not meet the definition of acceptable fill, as defined herein, in, upon or under any official Town landfill, Town dump or Town disposal area, provided that such disposition is in accordance with Chapters
24 and
45 of the Code of the Town of Brookhaven.