Intro. Res. No. 1751-99 Laid on the Table 6/29/99
Introduced by the Presiding Officer at the request of the County Executive & Legislators Binder, Carpenter, Caracciolo, Towle, Guldi
RESOLUTION NO. 1105-1999, ADOPTING LOCAL LAW NO. ___ YEAR 1999, A LOCAL LAW TO ENHANCE PROTECTION OF DRINKING WATER BY AMENDING THE SUFFOLK COUNTY CODE, ADDING NEW CHAPTER 490 TO PROHIBIT DUMPING IN THE PINE BARRENS AND PROVIDE FOR CRIMINAL PENALTIES FOR OFFENSESWHEREAS, there was duly presented and introduced to this County Legislature at a regular meeting held on ___, 1999 a proposed local law entitled "A LOCAL LAW TO ENHANCE PROTECTION OF DRINKING WATER BY AMENDING THE SUFFOLK COUNTY CODE, ADDING NEW CHAPTER 490 TO PROHIBIT DUMPING IN THE PINE BARRENS AND PROVIDE FOR CRIMINAL PENALTIES FOR OFFENSES" and said local law in final form is the same as when presented and introduced; now, therefore, be it
RESOLVED, that said local law be enacted in form as follows:Section 1. Legislative Intent
LOCAL LAW NO. ___ YEAR 1999, SUFFOLK COUNTY, NEW YORK
A LOCAL LAW TO ENHANCE PROTECTION OF DRINKING WATER BY AMENDING THE SUFFOLK COUNTY CODE, ADDING NEW CHAPTER 490 TO PROHIBIT DUMPING IN THE PINE BARRENS AND PROVIDE FOR CRIMINAL PENALTIES FOR OFFENSES
BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, as follows:
This Legislature hereby finds and determines that ensuring an adequate supply of pure drinking water is a significant public health issue of critical importance to the future of Suffolk County and the well being of its citizens.
This Legislature further finds that the Suffolk County Pine Barrens overlies the largest source of pure groundwater in New York State.
This Legislature further finds that Suffolk County has, by prior legislative action, and with the overwhelming support of its citizens, made a significant investment of public funds in the protection of sensitive watershed areas in the Suffolk County Pine Barrens through acquisition of fee title and transfer of development rights.
This Legislature further finds that protection of this investment and the groundwater resource which lies below these watershed areas through the enactment of pertinent laws and regulations is prudent and necessary.
This Legislature further finds and determines that the property constituting the Pine Barrens is largely owned and managed by the County, the State, the Federal government and the Towns and therefore the prosecution of laws regarding the use and protection of this land is of paramount importance.
This Legislature further finds and determines that current laws regarding dumping on County streets and property do not provide adequate protection for these watershed areas because they do not recognize the Pine Barrens as deserving of special protection or provide specific penalties for dumping offenses in watershed areas.
Therefore, the purpose of this law is to add a new chapter to the Suffolk County Code which will expressly prohibit dumping within the Pine Barrens and provide for criminal penalties to enhance protection of the Pine Barrens watershed in order to ensure a plentiful future supply of pure drinking water.
Section 2. Amendment
1. The Suffolk County Code is amended by the addition of new Chapter 490 to read as follows:
Section 490-1 Definitions
A. The term "Pine Barrens" shall mean those lands described in Article 57 of the New York State Environmental Conservation Law, as may be amended from time to time, as the Long Island Pine Barrens Preserve, Central Pine Barrens area, Core preservation area or Compatible growth area.Section 490-2 Prohibited conduct
B. The term "dump" means any spilling, leaking, pumping, pouring, emitting, emptying, abandoning, discharging, injecting, escaping, leaching, releasing, or disposing. In addition the term "dump" shall include the abandonment or discarding of barrels, containers, and other closed receptacles of any materials listed, described or identified in this chapter.
C. The term "toxic chemical" means a substance on the list described in 42 U.S.C. §11023(c).
D. The term "hazardous wastes" means those wastes identified or listed in regulations promulgated pursuant to section 27-0903 of the New York State Environmental Conservation Law and all amendments thereto.
E. The term ""solid waste" shall mean those wastes identified or listed in 6 N.Y.C.R.R. 360.
F. The term "offensive materials" shall mean those materials identified or listed in Article 5, Section 760-501A of the Suffolk County Sanitary Code.
G. The term "hazardous substances" means those substances identified or listed in regulations promulgated pursuant to section 37-0103 of the New York State Environmental Conservation Law and all amendments thereto.
H. The term "industrial waste" means any liquid gaseous, solid, or waste substance or a combination thereof resulting from any process of industry, manufacturing, trade, or business or from the development or recovery of any natural resources, which may cause or might reasonable be expected to cause pollution of the waters of the state.
I. The term "sewage" means the water-carried human or animal wastes from residences, buildings, industrial establishments or other places, together with such ground water infiltration and surface water as may be present. The admixture with sewage as above defined of industrial waste or other wastes as hereafter defined, shall also be considered "sewage".
No person shall knowingly dump any dirt, sand, gravel, clay, loam, stone, building rubbish, sawdust, shavings, other light materials, or manufacturing, trade or household waste, commercial waste, manufactured items or materials, refuse, rubbish, ashes of any sort, manure, garbage, other organic material, hazardous wastes, hazardous substances, industrial waste, sewage, toxic chemicals, solid wastes, offensive materials or conveyances (including but not limited to aircraft, vehicles, vessels or the parts thereof) in the Suffolk County Pine Barrens.Section 490-3 Penalties
A. Any person who violates any of the provisions of Section 490-2 of this Chapter shall be guilty of an unclassified misdemeanor and be subject to a fine of up to ten thousand dollars ($10,000.00) for each offense and/or up to 1 year imprisonment.Section 3. Applicability
B. Any corporation who violates any of the provisions of Section 490-2 of this Chapter shall be guilty of an unclassified misdemeanor and be subject to a fine of up to ten thousand dollars ($10,000.00) for each offense.
C. Any individual other than a police officer, peace officer or any other law enforcement officer or public official who provides information to appropriate law enforcement authorities which shall lead to the detection, arrest and conviction of a person or persons guilty of violating this Chapter shall receive a payment of twenty-five percent (25%) of the actual fine collected from such convicted individual pursuant to the provisions of this Chapter, said payment to be made after receipt of such fine by the County.
D. In addition to the foregoing penalties, the offender shall be required to clear, clean and/or remediate the area upon which the offender dumped unlawfully within ten (10) days after conviction thereof, as required by the Suffolk County Departments of Public Works, Health and/or Parks, Recreation and Conservation and/or the New York State Department of Environmental Conservation. In the event that the offender fails to clear, clean and/or remediate the area within such time, such clearing, cleaning and/or remediating may be done by the aforesaid governmental departments or under its direction by a private contractor, and the cost of the same shall be billed to the offender. In the event that the County Department of Public Works has cleaned, cleared and/or remediated the area or has caused the area to be cleaned, cleared and/or remediated by a private contractor prior to the offenders conviction, the offender shall be responsible for the cost of such clearing, cleaning and/or remediating. Payment by such offender when required by this subsection shall be made within ten (10) days of demand.
The prohibitions set forth in Section 490-2 shall not apply under the following circumstances:
A. When the person engaging in the conduct is doing so pursuant to a license or permit issued by the federal government, the State of New York, or a political subdivision thereof, and the conduct is in compliance with that license or permit.Section 4. S.E.Q.R.A. Determination
B. When the conduct engaged in is done for the purpose of landscaping or improving real property, with the permission of the owner, and the conduct is in compliance with all necessary licenses, permits and County and local laws.
This Legislature, being the lead agency under the State Environmental Quality Review Act ("SEQRA"), Env. Con. Law Art. 8, hereby finds and determines that this law constitutes a Type II action, pursuant to Volume 6 of New York Code of rules and Regulations ("NYCRR") Sections 617.5(c)(20) and (27), in that the law pertains to routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment. Since this law is a Type II action, the Legislature has not further responsibilities under SEQRA.
Section 5. Separability
If any part of or provisions of this law, or the application thereof to any person or circumstance, shall be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part of or provision of, or application directly involved in the controversy in which such the remainder of this law, or the application thereof to other persons or circumstances.
Section 6. Effective Date.
This law shall take effect immediately upon filing with the Secretary of State.
DATED: November 23, 1999
County Executive of Suffolk County
Date of Approval: 12/7/99