[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]
The Town Board of the Town of Brookhaven, being cognizant of the importance of protecting and preserving our natural resources, hereby deems it necessary and essential to regulate and control the disposition of petroleum substances.
The following definitions shall apply in the interpretation and enforcement of this chapter:
- APPROVED LICENSE
- A license granted by the Director, after he is satisfied that the provisions of this chapter have been complied with, and issued by the Town Clerk.
- BARRELS or DRUMS
- Metal barrels or drums, having a capacity not in excess of 55 gallons, which have been approved by the Director.
- CARGO TANK
- Any tank used on a motor vehicle, trailer or semitrailer for the transportation of waste oil.
- A five-gallon metal container with a screw-top cap as approved by the Director.
- The Director of the Division of Environmental Protection of the Town of Brookhaven.
- The discharge, deposit, dumping, spilling, leaking or placing of any petroleum substance into or on any land or water so that such petroleum substance or any constituent thereof may enter the environment or be discharged into any waters, including groundwaters, except when such disposition is done to satisfy the primary purpose of such petroleum substance.
- MUNICIPAL DEPOTS
- Those locations designated by the Director, subject to the approval of the Town Board, where the residents of the Town of Brookhaven will be permitted to discharge waste oil, not in excess of 10 gallons, into approved storage tanks under the conditions specified by the Director.
- OIL SEPARATOR
- A device or apparatus which is attached to a drain for the purpose of preventing oil from flowing into a disposal system.
- Any person who possesses a license issued or recognized by the New York State Department of Motor Vehicles to operate the vehicle used for the transportation of waste oil and who operates the mechanism which controls the filling and discharging of the storage tank mounted thereon.
- Any person, firm or corporation to whom the vehicle used in the transportation of waste oil is legally registered.
- An individual, partnership, corporation, society or any other group of persons, including the officers, directors, stockholders and trustees thereof.
- PETROLEUM SUBSTANCES
- Crude oil and any of the less volatile hydrocarbons produced from the cracking process and distillation of crude oil, including but not limited to base oils, bright stock, fuel oils, heating oils, lube stock and residual fuel oils.
- REPAIR SHOP
- Any location where the business of automotive maintenance work, repairs or placement of automotive parts is carried on, but not including those shops operating exclusively on body and fender work.
- SERVICE STATION
- That portion of property where flammable or combustible liquids used as motor fuels are stored or dispensed from fixed equipment into the fuel tanks of motor vehicles and where services for the changing of motor oil are provided. It shall also include the sale of accessories and minor automotive maintenance work.
- TANK TRUCK
- Any motor vehicle, trailer or semitrailer used for the transportation of waste oil and which, for such purpose, is provided with a tank or tanks mounted on a frame or chassis of such vehicle or when such tank or tanks are an integral part of such vehicle.
- TEMPORARY LICENSE
- A license granted by the Director and issued by the Town Clerk for a limited period of time pending the determination of the Director in the granting or denial of an approved license.
- WASTE OIL
- Any oil which has been drained from the reservoir wherein it was contained after having served its useful primary purpose.
It shall be unlawful for any person to dispose of any petroleum substance unless it is deposited directly into a container, drum or storage tank as defined in this chapter.
It shall be unlawful for any person to permit, sanction or condone any act or condition which allows any petroleum substance to be disposed of on any ground, pavement or roadway or to be discharged or seep into any sewer, leaching pool, stream, lake, well or other body of water.
Each junkyard and each handler, generator or storer of petroleum substances must conduct any and all activities which involve the disposal of such petroleum substances upon any impervious surface, such as concrete, and such impervious surface area must be surrounded by a two-inch berm.
All waste oils shall be drained and stored in accordance with the following regulations:
Oil separators shall be provided by the operator to prevent oil spillage from flowing into a sewage disposal system. The receptacle of the oil separator shall be emptied as frequently as necessary, and such oils recovered from the separator shall be removed and stored as hereafter required.
Oil removed from oil separators and all other waste oil shall be stored in approved below-ground outside storage tanks. Where ground conditions would make such installations impractical, the Director may permit an approved aboveground outside storage tank.
Repair shops, junkyards and manufacturing, processing and industrial plants. Waste oil accumulated from these operations shall be stored in an approved outside storage tank or in approved metal drums or barrels located outside of the building at locations designated by the Director or his representative.
Other installations. Waste oil drained from any motor, machine or equipment at locations other than those specified herein may be stored, at the discretion of the Director or his representative, in approved storage tanks, drums, barrels or five-gallon metal screw-top containers. All storage receptacles must be located outside of the building at locations designated by the Director or his representative.
Transportation of waste oil shall comply with the following:
It shall be unlawful for any owner of a motor vehicle to permit such vehicle to transport waste oil in excess of 10 gallons upon the public roadways of the Town of Brookhaven without first having obtained a license for each such vehicle, as may be required by this chapter, from the Director.
Each operator of a motor vehicle used for the transportation of waste oil shall be currently licensed to drive the vehicle, and such license shall be issued or recognized by the New York State Department of Motor Vehicles.
All motor vehicles used for transportation of waste oil shall comply with all applicable provisions of the New York State Vehicle and Traffic Law.
Waste oil in excess of 10 gallons transported on motor vehicles shall be contained in an approved tank truck, cargo tank or in approved barrels or drums, capped to prevent spillage. Any and all such cargo tanks shall be adequately supported and securely bolted or clamped to the frame of such vehicle, except where such tank or tanks are an integral part of such vehicle.
Waste oil in quantities not exceeding 10 gallons may be transported in approved metal containers.
Spillage or leakage of waste oil shall be considered a violation of this chapter.
All connections shall be sufficiently tight to prevent leaks while charging or discharging waste oil.
Each licensee shall maintain dated records of the number of gallons of waste oil collected from each location and the number of gallons and the locations at which such oil is delivered. All records of collection and delivery shall be readily available upon the request of the Director or his designated agent.
The owner of any motor vehicles to be used for the transportation of waste oil in excess of 10 gallons shall file a separate application and secure a separate license for each vehicle to be so used.
Upon filing an application and payment of the fee stipulated herein, the Director shall cause to be issued a temporary license to the owner of such vehicle by the Town Clerk pending the issuance of an approved license, which shall remain in effect until such time as the applicant is notified by the Director that the application for such approved license has been denied. A temporary license shall terminate upon the issuance or denial of an approved license.
Each application shall contain such information as may be deemed necessary by the Director.
If there is any change, after the filing of an application for a license, in any of the facts required to be set forth in the application, a supplemental statement giving notice of the change or changes duly verified by the applicant shall be filed with the Director within 10 days after any change. Failure to do so shall, if willful and deliberate, be considered cause for suspension or revocation of the license.
An approved license shall expire one year from the date of issuance of the temporary license associated with such approved license.
Renewal of an approved license shall be effective on the date following expiration of the previous license.
A temporary license may be granted for a period not exceeding 30 days from the date of issuance. However, the holder of a temporary license must submit a written request to the Director for an extension of a temporary license outlining the reasons therefor. The Director may grant an extension of a temporary license for a period not exceeding 15 days.
Nonassignability and nontransferability. No license issued pursuant to the provisions of this chapter shall be assigned or transferred to any person or used by any person other than the licensee.
Posting. Each license issued shall be conspicuously mounted and displayed within the cab of each vehicle to which it applies and shall be protected against damage.
Duplicates. When a temporary or approved license that has been issued pursuant to this chapter is lost, stolen, altered, mutilated or missing, it shall be replaced immediately with a duplicate, and the prescribed fee shall be paid for such replacement. The word "duplicate" shall be stamped across the face of the duplicate license, and such license shall bear the same number as the original.
The annual fee for each vehicle requiring a license to transport waste oil shall be $50, and for each renewal thereof, the fee shall also be the amount of $50.
The fee for issuing a duplicate license shall be $2.
The fee required for filing each application shall be $25. If the application is disapproved, the filing fee shall be retained to cover the cost of processing. If the application is approved, the filing fee shall be credited to the total fee.
Denial. A license shall be denied if:
The vehicle is not currently registered by the New York State Department of Motor Vehicles.
The vehicle is not in compliance with the requirements of the New York State Vehicle and Traffic Law.
Upon examination of the vehicle by the Director or his authorized representative, it is determined that there is leakage from the tank or dripping from the filling or discharge mechanism.
Suspension or revocation. The Director, upon ten-day notice and after hearing at which the licensee shall be given an opportunity to be heard, may suspend or revoke any license issued for any of the following causes:
When the licensee has made any false material statement in the application for a license.
When the licensee permits a person to operate such vehicle when not properly licensed by the New York State Department of Motor Vehicles.
Upon a change in registration of the motor vehicle.
Upon any violation of the New York State Vehicle and Traffic Law.
Upon violation of any provision of this chapter or any rule or regulation adopted hereunder.
Hearing; appeal. No license shall be denied, suspended or revoked by the Director until after a hearing has been held before one or more employees or representatives of the Town of Brookhaven designated by the Director for such purpose, subject to the approval of the Town Board. The notice of the hearing shall be served on the applicant or licensee as provided herein at least 10 days prior to such hearing and shall include the time, place and date of hearing and a statement of the charges or reasons for the denial of the license. The licensee or applicant shall be heard in his defense or by counsel and may produce witnesses to testify on his behalf. A stenographic record of the hearing shall be taken and preserved. The hearing may be adjourned from time to time. The person conducting the hearing shall submit a written report of the findings with a recommendation to the Director. The Director shall review such findings and recommendations and shall accept, modify or reject the recommendations and issue or deny the license or dismiss the charges relative to the suspension or revocation, subject to the approval of the Town Board.
Any notice given by the Director or the hearing unit shall be deemed to have been duly given when:
Served personally upon the applicant or licensee or sent by registered mail or certified mail to the applicant or licensee addressed to his residence.
In case of personal service upon an officer of a corporate licensee or of service upon him by registered mail or certified mail addressed to his residence, together with a copy of the notice by regular mail to the address where the vehicle is stored, housed or kept.
Under this chapter, the Director shall have jurisdiction over those places or persons handling waste oil. He shall:
Permit licenses to be issued by the Town Clerk where required and suspend or revoke the same when necessary.
Inspect places where waste oil or vehicles used for transportation are stored, housed or kept.
Inspect vehicles which are intended to be used or are used for the transportation of waste oil and which are subject to licensing by the Director.
Prescribe forms for applications or licenses under this chapter and for all reports which he deems necessary to be made by any applicant or licensee.
Adopt reasonable rules and regulations.
Hold hearings, subpoena witnesses, administer oaths, take testimony and compel the production of books, papers, records or documents deemed pertinent to the subject of the investigation or charges related to the hearing.
Vary requirements of this chapter where subsurface conditions, terrain or locations are unsatisfactory for such installation or where an undue hardship would be imposed.
Designate, subject to the approval of the Town Board, various waste oil storage depots throughout the Town of Brookhaven where a resident of the Town may dispose of accumulated waste oil, provided that it is transported thereto in an approved metal screw-top container which is not in excess of five gallons.
Issuance of a license under this chapter shall cause no presumption that the licensee or the premises is in compliance with any other laws, local laws, rules or regulations enforceable by any governmental authority as may be applicable to said licensee or said premises.
Issuance of a license under this chapter shall not be a bar to prosecution under any provision of this chapter or under any other local law, law, rule or regulation applicable to the premises or licensee.
Any person who shall violate any provision of this chapter or, having had his license suspended or revoked, continues to engage in such operation for which a license is required shall, upon conviction thereof, be punished by a fine not to exceed $500 or imprisonment for not more than 15 days, or both such fine and imprisonment.