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.
CONTAINER
A five-gallon metal container with a screw-top cap as approved
by the Director.
DIRECTOR
The Director of the Division of Environmental Protection
of the Town of Brookhaven.
DISPOSITION
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.
OPERATOR
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.
OWNER
Any person, firm or corporation to whom the vehicle used
in the transportation of waste oil is legally registered.
PERSON
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.
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.
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.
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.