[HISTORY: Adopted by the Town Board of the
Town of Southampton 7-12-2005 by L.L. No. 35-2005. Amendments noted
where applicable.]
GENERAL REFERENCES
Protection of natural resources — See Ch. 229.
As used in this chapter, the following terms
shall have the meanings indicated:
- ABOVEGROUND TANK
- A tank where 100% of said tank is exposed above (and not on) the final ground elevation. A tank located in the basement or cellar of a residence, which is fully accessible and visible, and installed above an impermeable basement floor shall be considered aboveground.
- COSTS
- Includes all costs associated with the purchase and installation of a replacement fuel oil storage tank, including, but not limited to, costs for labor and materials; and, in the case of a removal or abandonment in place and permanent closure of an existing underground fuel oil storage tank, all costs associated with such removal or permanent closure, including, but not limited to, excavation and, if a leak is found, those costs associated with cleanup and remediation to return the property to its preexisting state. "Costs" shall not include financing or interest charges.
- ELIGIBLE INDIVIDUAL
- Any one or more persons, estates, trusts, beneficiaries of an estate or trust, partnerships, members of limited-liability corporation or corporations or other legal entities which own property that is eligible for the rebate established by this section.
- FUEL OIL STORAGE TANK
- A tank, of under 1,100 gallons' capacity, used to supply heating fuel oil to a residential or commercial property for on-site space or water heating purposes.
- PERMANENTLY CLOSING A FUEL OIL STORAGE TANK
- The tank has been left in place, but has been permanently taken out of service in compliance with all state and local laws and codes, and has been filled with an inert material, such as sand, concrete slurry, concrete aggregate, or other similar material deemed acceptable for purposes of maintaining the integrity of the fuel tank so as to reduce the possibility of future collapse in the event of the decay of the tank.
- UNDERGROUND TANK
- Any fuel oil storage tank where any portion of said tank is below the final ground elevation.
A.
Eligibility.
(1)
In order to claim the rebate as provided in Subsection C below, the eligible individual or commercial entity must replace an existing, unprotected, underground fuel oil storage tank with a new storage tank that is in compliance with all applicable state and local laws and codes. In order to qualify for the "additional rebate" as described in Subsection C below, an eligible party, in addition to installing a replacement fuel oil storage tank, must also either remove or permanently close an existing, unprotected, underground fuel oil storage tank.
(2)
In order to claim the rebate established by this section,
the eligible individual must have actually paid the cost of replacing
the underground fuel oil storage tank and, with regard to the additional
rebate, the eligible individual must have actually paid the cost of
removal or permanent closure of the unprotected tank.
B.
Procedure for rebate.
(1)
In order to claim either of the rebates established
by this chapter, the eligible individual must submit a tank abandonment
notification form for the replacement tank and/or the permanent closure
of the tank to the Town Building Department. Said form shall set forth
the location, installation detail, and description of the replacement
tank and/or permanent closure of the tank. No charge will be imposed
for this form.
(2)
The eligible individual shall then submit a paid invoice,
together with the tank abandonment notification form, to the Town
Building Department to claim the rebate established by this section.
The eligible individual shall document all costs associated with the
replacement tank installation, and, if applicable, the removal or
closure of the existing tank. The eligible individual shall also submit
to the Building Department for review and approval original certification(s)
from the contractor(s) who actually performed the removal or closure
work and the installation of the new tank, certifying that the removal
or closure was performed in compliance with the requirements of this
chapter and Article XII of the Suffolk County Sanitary Code.
(3)
The Town Building Department shall thereafter review
and approve the tank abandonment notification form as well as the
certification(s) submitted representing that the eligible individual
(a) replaced the underground tank with a new fuel oil storage tank
that is in compliance with all applicable state and local laws and
codes and manufacturers' directions and, for the additional rebate,
(b) either removed or permanently closed an existing, unprotected,
underground fuel oil storage tank.
(4)
Payment of the rebate shall be made to the eligible
individual by the Town Comptroller after approval by the Building
Department.
C.
Rebates.
(1)
Amount of rebate. The rebate for installing a replacement
fuel oil storage tank shall be the total cost, minus the amount of
any eligible income tax credit from the State of New York, or $350,
whichever is less.
(2)
Additional rebate. In the event of a removal or permanent
closure of an existing, unprotected, underground fuel oil storage
tank associated with the tank replacement above, the rebate shall
be the total cost, minus the amount of any eligible income tax credit
from the State of New York, or $350, whichever is less.
D.
Rebate expiration date. The ability to claim said
rebate shall be retroactive to March 31, 2005. In addition, eligible
individuals shall have until December 31, 2009, to replace and, if
applicable, remove or permanently close a fuel oil storage tank in
order to receive the rebate described in this chapter. Thereafter,
this chapter shall expire and have no further force and effect.
[Amended 2-12-2008 by L.L. No. 10-2008; 11-12-2008 by L.L. No. 61-2008]
