[HISTORY: Adopted by the Town Board of the Town of Southampton 4-13-2021 by L.L. No. 14-2021. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Activities involving the acquisition, processing, storage
and/or sale of materials that are taking place or have historically
taken place at mine sites other than such activities that are and/or
have been directly undertaken in the processes of mining or reclamation
as such terms are defined herein.
Any excavation from which a mineral is to be produced for
sale or exchange, or for commercial, industrial or municipal use;
all haulageways and all equipment above, on or below the surface of
the ground used in connection with such excavation, and all lands
included in the life of the mine review by the Department of Environmental
Conservation.
Any site at which a mine as defined herein is located.
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, stockpiling or other processing of minerals at the mine
location so as to make them suitable for commercial, industrial, or
construction use; exclusive of manufacturing processes, at the mine
location; the removal of such materials through sale or exchange,
or for commercial, industrial or municipal use; and the disposition
of overburden, tailings and waste at the mine location. "Mining" shall
not include the excavation, removal and disposition of minerals from
construction projects, exclusive of the creation of water bodies,
or excavations in aid of agricultural activities.
The conditioning of the affected land to make it suitable
for any uses or purposes consistent with the New York State Mined
Land Reclamation Law.[1]
[1]
Editor's Note: See Environmental Conservation Law § 23-2701
et seq.
A.
Within
180 days of the effective date of this chapter, any person engaging
in mining, mine reclamation and/or other commercial activities at
mine sites within the Town of Southampton shall submit a proposed
groundwater monitoring program to the Town for review and approval,
if deemed acceptable, by the Town Board. Such groundwater monitoring
program shall be prepared by an individual certified by the National
Ground Water Association as a Certified groundwater professional,
American Institute of Hydrology, or the American Institute of Professional
Geologists or licensed by New York State as a professional geologist.
A New-York-State-licensed professional engineer shall be permitted
to provide said report without any such certifications provided he
or she works in close consultation with an individual so certified
or licensed.
B.
The groundwater
monitoring program shall include the following:
(1)
The
history of the site development and any historical data present on
groundwater elevations and of groundwater flow, the type and thickness
of geologic materials, the depth of groundwater and the flow of groundwater
in the area, and the history of any VOWM and/or other debris processing
activity that has taken place at the mine site.
(2)
A copy
of the mined land use plan on file with the New York State Department
of Environmental Conservation or site survey which shall include the
location of a minimum of three monitoring wells and all improved features,
including buildings, sheds, sanitary systems, subsurface utilities,
active work areas and travel ways, and a map illustrating the location
of the mine with respect to the surrounding area and illustrating
natural vegetation buffers. The program shall indicate whether a site
plan for the property exists.
(3)
Such
wells shall be developed in conformance with the specifications approved
by the Town Engineer and as may be promulgated by the DEC. The screen
of said wells shall be located so as to monitor groundwater that may
be affected by the mine. Notwithstanding anything to the contrary
herein, the Southampton Town Land Management Division shall have the
authority to dictate the placement and required number of such wells.
(4)
A schedule
for the extracting and testing of water samples no less than two times
per calendar year. The testing shall include, but is not limited to,
the following:
(a)
Physical testing noting the date, well number, time of sampling and/or
measurements of water levels.
(b)
Chemical analysis noting the date of analysis, name of the individual
who performed the analysis and the analytical techniques for the methods
used, and the results of such analyses. Chemical analysis must include,
but is not limited to, testing for: total Kejeldahl nitrogen, ammonia,
nitrate as n, chloride, cadmium, magnesium, manganese as MN, mercury,
radionuclides, total phosphorus, total potassium, pH, total solids,
and total volatile solids, and "emerging contaminants" as such are
defined in § 1112(2) and(3)(a) of the New York State Public
Health Law and the regulations promulgated thereunder, as well as
of any other analytes deemed necessary for testing by the New York
State Department of Environmental Conservation, the Suffolk County
Department of Health Services and the Environmental Protection Agency.
All test results shall be provided in units of mg/L and shall be reported
to the Town, the New York State Department of Environmental Conservation
and the Suffolk County Department of Health Services within 10 days
of analysis.
(c)
Chemical threshold levels as developed by the New York State Department
of Environmental Conservation, the New York State Department of Health,
and the Suffolk County Department of Health Services.
(5)
Owners or operators engaging in mining, mine reclamation and/or other commercial activities may submit the applicable portions of an approved New York State Department of Environmental Conservation groundwater monitoring program to supplement information required in Subsection B(1) through (4) above, as long as such information meets or exceeds such criteria as determined by the Town of Southampton. Supplemental information provided by mine owners or operators shall not substitute for the Town groundwater monitoring program required by this chapter.
C.
Upon receipt
of the groundwater monitoring program, the Town of Southampton, with
the assistance of a third-party consultant, shall review and/or amend
the program if appropriate to be utilized to monitor the potential
impacts to groundwater as a result of the subject mining, reclamation,
and/or other commercial activities at the mine site. All costs for
this review shall be borne by the responsible party/property owner.
D.
The Town
shall post the results of all testing pursuant to the program on its
website. If any of the thresholds established in the program are exceeded,
the Town shall immediately notify the New York State Department of
Environmental Conservation and the Suffolk County Department of Health
Services in order to initiate investigation and enforcement proceedings
against the responsible party.
E.
The failure to submit a proposed groundwater monitoring program to the Town and/or the failure to conduct required monitoring in accordance with the approved groundwater monitoring program shall constitute violation(s) of this chapter and give rise to the penalties provided for in § 160-3 herein.
A.
A first violation of this chapter shall be punishable by a fine not to exceed $10,000 or by imprisonment for a period not to exceed 15 days, or both and payment of a mandatory water quality protection surcharge of $1,000. The water quality protection surcharge shall be paid to the Clerk of the Court or Administrative Tribunal that rendered the conviction who shall thereafter pay such money to the Town Comptroller who shall administer such money in accordance with the provisions of § 8-6.2 of this Code. Any second or subsequent violation of this chapter shall be an unclassified misdemeanor punishable by a fine of no less than $10,000, nor more than $30,000 per violation and/or up to 90 days' imprisonment, or both. Each day offense shall constitute a separate and distinct violation.
B.
In addition
to the penalties provided, where authorized by a duly adopted resolution
of the Town Board, the Town Attorney may bring and maintain a civil
proceeding, in the name of the Town, in the Supreme Court, to permanently
enjoin the person or persons conducting, maintaining or permitting
said violation.
C.
If a finding
is made by a court of competent jurisdiction that the defendants or
any of them has caused, permitted, or allowed a violation of this
chapter, a penalty to be jointly and severally included in the judgment
may be awarded at the discretion of the court in an amount not to
exceed $1,000 for each day it is found that the defendants or any
one of them individually caused, permitted or allowed the violation.
