Town of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[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.

§ 205-1 Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:
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 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]]
ELIGIBLE INDIVIDUAL
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]]
FUEL OIL STORAGE TANK
A tank under 1,100 gallons used to supply heating fuel to property.
HEATING FUEL
Fuel oil or kerosene. It does not include propane, natural gas, or gasoline.
NEW FUEL OIL STORAGE TANK
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.
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.
REMOVAL OF A FUEL OIL STORAGE TANK
The tank has been removed from the property in compliance with all state and local laws and codes.
UNDERGROUND TANK
Any fuel oil storage tank under 1,100 gallons in size where any portion of said tank is below the final ground elevation.
[1]
Editor's Note: This local law also provided that its provisions shall be retroactive to and including 4-15-2004.
[2]
Editor's Note: This local law also provided that its provisions shall be retroactive to and including 4-15-2004.

§ 205-2 Safe tank rebate and incentive program (STRIP).

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.