Town of East Hampton, NY Article III Fueling at Town-Owned Properties

[Adopted 6-7-2022 by L.L. No. 18-2022]

§ 120-6 Fueling at Town-owned docks and/or other Town-owned properties.

A. Fueling at Town-owned docks, which shall include all docks, bulkheads, floats or any similar structures on or attached to any Town-owned property shall be regulated as follows:

(1) Class I fuel (gasoline) shall not be dispensed by fuel truck to any boats or vessels on any Town-owned dock or other Town-owned property.

(2) Class II and III fuels only may be dispensed to a boat or vessel by fuel truck at a permitted location as indicated herein.

(a) Recreational docks: Permitted at the following location(s) only:

[1] Head of the Harbor: only for boats berthed at head of Harbor pursuant to valid Town lease.

[2] (Reserved)

(b) Commercial docks: Permitted at the following locations only, subject to compliance with the provisions of Subsection A(2)(c) below:

[1] Gann Road.

[2] Star Island, Montauk.

[3] (Reserved)

(c) Fueling of boats and vessels with Class II or Class III fuel only at the locations set forth in § 120-6A(2) is permitted only if all of the following requirements are met:

[1] The fueler shall obtain and maintain as current a permit from the Town of East Hampton to allow fueling at approved Town facilities. Such permit shall require such appropriate equipment as determined by the Town, and amended from time to time.

[2] The fueler shall provide the Town, in order to qualify for a permit, a hold harmless agreement, together with insurance as determined appropriate by the Town, and amended from time to time.

[3] Fueling shall be scheduled, in advance of delivery, with the Town Harbormaster.

[4] The premises at which fueling occurs shall be approved by the Town marine and fire code officials.

[5] The premises shall be provided with an approved spill response kit.

[6] Tank vehicles and fueling operations shall comply with all applicable Town, county, state and federal laws, codes and regulations.

[7] The dispensing nozzle shall be of the listed automatic type without a latch-open device.

[8] The dispensing hose shall not exceed 100 feet.

[9] Tank vehicle dispensing equipment shall only be operated by designated personnel who are trained to handle and dispense motor fuels.

[10] Provisions shall be made for controlling and mitigating unauthorized discharges.

[11] Nighttime deliveries shall only be made in well lighted areas.

[12] The tank vehicle flasher lights shall be in operation while dispensing.

[13] Fuel expansion space shall be left in each fuel tank to prevent overflow in the event of temperature increase.

[14] The premises shall be maintained in a neat and orderly manner.

[15] Spills of any Class I, II or III shall be reported to the Town marine and fire code officials immediately.

[16] Rubbish containers with tight fitting or self-closing lids shall be provided for temporary storage of combustible debris, rubbish and waste material.

[17] Portable fire extinguishers, each having a minimum rating of 20-B:C, shall be provided as follows:

[a] One at each float.

[b] One on each pier or wharf within 25 feet of the operations.

[18] Smoking or open flames shall be prohibited within 50 feet of fueling operations.

B. At any Town-owned property at which fueling is permitted under Subsection A of this section, warning signs shall be prominently displayed at the face of each wharf, pier or float bearing the following wording:

WARNING

NO SMOKING STOP ENGINE WHILE FUELING,

SHUTOFF ELECTRICITY

DO NOT START ENGINE UNTIL AFTER BELOW-

DECK SPACES ARE VENTILATED

East Hampton Town Dockside Emergency

Fuel Spill Response Kit

for use at approved fueling locations

(1) To the extent possible, and to reduce potential for area contamination due to inadvertent fuel leaks, spill containment equipment shall be readily available and be easily deployed to surround a spill and any boats that may be tied to the fuel dock.

(2) Spill containment and control materials shall be stored in a clearly marked and easily accessible location, attached or adjacent to the fueling area. The fuel spill kit shall contain a minimum of 16 five-inch-by-ten-foot booms, 150 fifteen-inch-by-nineteen-inch pads as well as one nineteen-inch-by-100-foot sweep, one gaff hook, two pairs of goggles and two pairs of neoprene gloves. It shall be capable of cleaning up to 139.6 gallons, and can serve as a primary spill kit.

(3) Spill containment and control materials shall be provided and carried on the dispensing tank vehicle. The fuel spill kit shall contain a minimum of 16 five-inch-by-ten-foot booms, 150 fifteen-inch-by-nineteen-inch pads as well as one nineteen-inch-by-100-foot sweep, one gaff hook, two pairs of goggles and two pairs of neoprene gloves. It shall be capable of cleaning up to 139.6 gallons, and can serve as a primary spill kit.

§ 120-7 Penalties for offenses.

Any violation of this article shall be punishable as follows:

A. The first offense in an eighteen-month period shall be punishable by a fine of not less than $100 nor more than $250 or by imprisonment for not more than 15 days, or both.

B. The second offense within a period of 18 months shall be punishable by a fine of not less than $250 nor more than $500 or by imprisonment for not more than 15 days, or both.

C. The third or subsequent offense within a period of 18 months shall be punishable by a fine of not less than $400 nor more than $1,000 or by imprisonment for not more than 15 days, or both.

D. In addition to the penalties defined herein, the Town of East Hampton may take any appropriate action or commence any proceeding to prevent the continued violation of the provisions of this article.

E. In addition to the penalties proscribed above, any person who violates this article shall be liable for a civil penalty not exceeding the actual costs of clean any spill resulting from a violation of this article.