[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:
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.
Metal barrels or drums, having a capacity not in excess of
55 gallons, which have been approved by the Director.
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.
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.
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.
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.
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.
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.
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.
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.
Any oil which has been drained from the reservoir wherein
it was contained after having served its useful primary purpose.
A.
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.
B.
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.
C.
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:
A.
Service stations.
(1)
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.
(2)
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.
B.
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.
C.
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:
A.
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.
B.
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.
C.
All motor vehicles used for transportation of waste
oil shall comply with all applicable provisions of the New York State
Vehicle and Traffic Law.
D.
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.
E.
Waste oil in quantities not exceeding 10 gallons may
be transported in approved metal containers.
F.
Spillage or leakage of waste oil shall be considered
a violation of this chapter.
G.
All connections shall be sufficiently tight to prevent
leaks while charging or discharging waste oil.
H.
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.
A.
Requirements.
(1)
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.
(2)
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.
(3)
Each application shall contain such information as
may be deemed necessary by the Director.
(4)
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.
B.
Terms.
(1)
An approved license shall expire one year from the
date of issuance of the temporary license associated with such approved
license.
(2)
Renewal of an approved license shall be effective
on the date following expiration of the previous license.
(3)
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.
C.
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.
D.
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.
E.
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.
F.
Fees.
[Amended 12-19-2019 by L.L. No. 27-2019, effective 12-31-2019]
(1)
The annual fee for each vehicle requiring a license to transport
waste oil shall be established by Town Board resolution, and for each
renewal thereof, the fee shall also be as established by Town Board
resolution.
(2)
The fee for issuing a duplicate license shall be established by Town
Board resolution.
(3)
The fee required for filing each application shall be established
by Town Board resolution. 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.
G.
Denial. A license shall be denied if:
(1)
The vehicle is not currently registered by the New
York State Department of Motor Vehicles.
(2)
The vehicle is not in compliance with the requirements
of the New York State Vehicle and Traffic Law.
(3)
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.
H.
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:
(1)
When the licensee has made any false material statement
in the application for a license.
(2)
When the licensee permits a person to operate such
vehicle when not properly licensed by the New York State Department
of Motor Vehicles.
(3)
Upon a change in registration of the motor vehicle.
(4)
Upon any violation of the New York State Vehicle and
Traffic Law.
(5)
Upon violation of any provision of this chapter or
any rule or regulation adopted hereunder.
I.
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.
J.
Notice.
(1)
Any notice given by the Director or the hearing unit
shall be deemed to have been duly given when:
(a)
Served personally upon the applicant or licensee or
sent by registered mail or certified mail to the applicant or licensee
addressed to his residence.
(2)
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:
A.
Permit licenses to be issued by the Town Clerk where
required and suspend or revoke the same when necessary.
B.
Inspect places where waste oil or vehicles used for
transportation are stored, housed or kept.
C.
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.
D.
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.
E.
Adopt reasonable rules and regulations.
F.
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.
G.
Vary requirements of this chapter where subsurface
conditions, terrain or locations are unsatisfactory for such installation
or where an undue hardship would be imposed.
H.
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.
A.
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.
B.
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.
