[HISTORY: Adopted by the Town Board of the Town of New Windsor 8-6-1980 by L.L. No. 3-1980 (Ch. 9 of the 1972 Code). Amendments noted where applicable.]
Fire prevention — See Ch. 142.
This is a chapter for the removal and recovery of underground and aboveground chemical and hydrocarbon spills.
For the purpose of this chapter, the following terms shall have the meanings given herein. The word "shall" is always mandatory and not merely directory.
- Any substance which is derived from oil, such as but not limited to gasoline, fuel oil, kerosene, etc.
- SERVICE STATION
- Any area used for the storage or dispensing of hydrocarbons.
- Any uncontrolled leakage of a chemical and hydrocarbon.
It shall be unlawful for any person, firm or corporation to deposit any chemicals or hydrocarbons on any public or private property.
This chapter shall not apply to farmers or contractors who employ the use of chemicals in pursuit of their business but shall not excuse such farmers or contractors from obtaining such permit or license as any law or ordinance provides.
Any person, firm or corporation responsible for the spill and after having discovered evidence of a chemical or hydrocarbon spill shall notify the Town of New Windsor Code Enforcement Officer within two hours of the same.
No person, firm or corporation shall make, issue, post or maintain any regulation or order, written or verbal, that would require any person to take any action that would delay reporting a spill.
The Code Enforcement Officer or his duly appointed assistant shall have the authority to order:
The evacuation of any private or public buildings which are affected by the spill or are in the immediate danger area of the spill.
That recovery operations begin immediately, which will include a twenty-four-hour working requirement, until the spill is located and contained.
The immediate removal of all hydrocarbons in tanks and/or the immediate removal of all chemical containers from the area affected.
The testing of all suspected leaking tanks and/or the testing of any tanks located in the area, in order to determine which tank(s) is(are) leaking.
The recovery and removal of all discovered underground or aboveground chemicals or hydrocarbons and the proper disposal of the same.
In an emergency, the Code Enforcement Officer shall have the authority, with the approval of the Town of New Windsor Supervisor or, in his absence, the Deputy Town Supervisor, to authorize the use of manpower and equipment which is owned or leased by the Town of New Windsor, in order to locate or contain a spill on private or public property.
In an emergency, the Code Enforcement Officer shall have the authority to order the evacuation of people across the private lands of others.
It shall be the duty of the person, firm or corporation responsible for the spill to recover and remove any chemical or hydrocarbon spill, in accordance with the direction and to the satisfaction of the Code Enforcement Officer.
It shall be the duty of the person, firm or corporation responsible for the spill to pay all expenses associated with the spill within 60 days of billing.
This section shall apply to any existing and future service stations which will be erected in the Town of New Windsor.
All service stations which have underground storage tanks shall have installed, to the requirements of the Code Enforcement Officer, a twenty-four-hour leak detection system. This leak detection system shall have a secondary backup system that is operational in the event of a power failure.
Any remote pumping systems shall have installed on the discharge site of each pump an approved leak detection device, which will provide an indication if the piping and dispensers are not liquidtight.
All service stations, prior to the opening of business, shall measure the underground storage tanks each day. In addition, pump readings shall be taken each day at the same time as the stick (measured) readings. Any deviations shall be reported to the Code Enforcement Officer. A record shall be kept on file of all readings and must be produced and delivered to the Code Enforcement Officer at his request.
It shall be the duty of the Code Enforcement Officer to enforce this chapter.
Any person, firm or corporation violating any of the provisions of this chapter or neglecting to comply with any order issued pursuant to any section thereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000 or imprisonment for not more than one year, or both, for each offense. Each day that said violation is permitted to exist beyond the period fixed in the order so issued shall be a separate offense.
Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or local laws, the most restrictive or that imposing the highest standards shall govern.
Notwithstanding the notice provision set forth in Chapter 21, Fire Prevention, of the Code of the Town of New Windsor, the Code Enforcement Officer or his duly appointed assistant shall not be required to give notice to interested parties before acting under the authorization of this chapter.