[HISTORY: Adopted by the Town Board of the Town of East Hampton 6-4-2004 by L.L. No.
10-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Fuel oil storage tank installations — See Ch. 206.
For the purposes of this chapter, the following terms shall
have the following meanings:
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.
Includes all costs associated with the removal or permanent
closure of an existing underground tank, and in the case of the installation
of a replacement aboveground fuel oil storage tank, the purchase and
installation of a new tank, including, but not limited to, costs for
labor and materials, cleanup costs if a leak is found, and excavation
costs necessary to remove an existing tank or install a new tank and
return the land to existing state. "Costs" do not include the costs
to convert the property to an alternative energy (such as natural
gas) after the removal or closure of an existing tank. "Costs" shall
not include financing or interest charges.
[Amended 10-14-2004 by L.L. No. 27-2004[1]]
Any person, estate, trust, beneficiaries of an estate or
trust, partnership, or member of a limited-liability corporation,
a corporation or other legal entity which owns property that is eligible
for the rebate established by this section for the costs of the removal
or permanent closure of a fuel oil storage tank.
[Amended 10-14-2004 by L.L. No. 27-2004[2]]
A tank under 1,100 gallons used to supply heating fuel to
property.
Fuel oil or kerosene. It does not include propane, natural
gas, or gasoline.
A new tank that has been installed aboveground and conforms
to all state and local laws, codes, and manufacturers' directions
and the provisions of this statute.
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.
The tank has been removed from the property in compliance
with all state and local laws and codes.
Any fuel oil storage tank under 1,100 gallons in size where
any portion of said tank is below the final ground elevation.
A.
Eligibility.
(1)
In order to claim the rebate established by this section, the eligible
individual must either remove, or permanently close (as defined herein)
an underground tank as defined herein, and not replace the closed
or removed tank with any form of in-ground fuel oil storage tank.
In order to qualify for the "additional rebate," the eligible individual
must replace the unprotected tank with a new fuel oil storage tank
of the type required by this chapter.
[Amended 10-14-2004 by L.L. No. 27-2004[1]]
[1]
Editor's Note: This local law also provided that its
provisions shall be retroactive to and including 4-15-2004.
(2)
The rebate shall not be available in the case of the purchase and
installation of a new fuel oil storage tank in a building or structure
that was heated with an alternative fuel (such as natural gas) immediately
prior to the installation of the new tank.
(3)
In order to claim the rebate established by this section, the eligible
individual must have actually paid the cost of removal or permanent
closure of the unprotected tank, and with regard to the additional
rebate, paid the costs for the purchase and installation of the new
fuel oil storage tank. The eligible individual is not required to
be the owner of the property.
[Amended 10-14-2004 by L.L. No. 27-2004[2]]
[2]
Editor's Note: This local law also provided that its
provisions shall be retroactive to and including 4-15-2004.
(4)
There shall be authorized only one rebate for each eligible tank
removed or closed on the property and replaced with a new fuel oil
storage tank.
(5)
Where an eligible entity owns more than one eligible property, there
shall be authorized one rebate for each eligible tank removed or closed
on the property.
[Amended 10-14-2004 by L.L. No. 27-2004[3]]
[3]
Editor's Note: This local law also provided that its
provisions shall be retroactive to and including 4-15-2004.
(6)
Where multiple individuals eligible for the rebate under this chapter
share a common fuel oil storage tank, the amount of the rebate allowable
to each eligible individual may be prorated according to the actual
costs contributed by each eligible individual. A shared rebate shall
constitute one rebate pursuant to this section.
B.
Procedure for rebate.
(1)
In order to claim the rebate established by this section, the eligible
individual must submit a building permit application for the permanent
closure or replacement of the eligible tank to the Town Building Inspector.
No charge will be imposed for this permit. In the event that site
plan review and/or a natural resources special permit would be required
for the permanent closure or removal of the tank, such approvals shall
be waived for the purposes of this chapter.
(2)
The eligible party shall then file a voucher with the Town Building
Inspector to claim the rebate established by this section. The eligible
party shall document all costs associated with the removal or closure,
and if applicable, the replacement of the tank. The eligible party
shall also submit to the Building Inspector for the Building Inspector's
review and approval original certification(s) from the contractor(s)
who actually performed the removal or closure work and, if applicable,
the installation of the new tank, certifying that the removal or closure
was performed in compliance with the requirements of this chapter
and setting forth the location, installation detail and description
of the replacement tank if applicable.
[Amended 10-14-2004 by L.L. No. 27-2004[4] ]
[4]
Editor's Note: This local law also provided that its
provisions shall be retroactive to and including 4-15-2004.
(3)
The Town Building Inspector shall thereafter review and approve the
certification(s) submitted representing that the eligible party shall
have (a) either removed, or permanently closed an underground fuel
oil storage tank, and, for the additional rebate, (b) replaced the
underground tank with a new fuel oil storage tank in compliance with
all applicable state and local laws and codes and manufacturers'
directions.
[Amended 10-14-2004 by L.L. No. 27-2004[5]]
[5]
Editor's Note: This local law also provided that its
provisions shall be retroactive to and including 4-15-2004.
(4)
Payment of the rebate shall be made to the eligible party after approval
of the voucher by the Town Board and Town Comptroller.
C.
Amount of rebate. The rebate authorized for the removal or permanent
closure of a fuel oil storage tank, pursuant to this section, shall
equal the total cost minus the amount of any eligible income tax credit
from the State of New York, or $500, whichever is less. However, in
the event that a replacement fuel oil tank is installed, and such
tank is installed in a basement with an impermeable floor surface
or is of a type which provides secondary protection against leaks,
the rebate shall be increased to the total cost minus the amount of
any eligible income tax credit from the State of New York, or $700,
whichever is less.
[Amended 10-14-2004 by L.L. No. 27-2004[6]]
[6]
Editor's Note: This local law also provided that its
provisions shall be retroactive to and including 4-15-2004.
D.
Rebate expiration date. The rebate established by this section pursuant
to § 205-3 shall be paid to eligible individuals for the
removal or permanent closure and replacement of fuel oil storage tanks
occurring before December 31, 2006.
