[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 10-25-1988 by L.L. No. 38-1988 (Ch. 446, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that recharge basins
located within the County of Suffolk provide a critical function in
the hydrogeologic cycle which should be protected and preserved to
the maximum extent possible.
B.
This Legislature further finds and determines that the use of recharge
basins to collect storm runoff and retain it for groundwater recharge
purposes has been crucial in facilitating groundwater recharge areas
within the County of Suffolk as the County has become increasingly
urbanized through extensive development resulting in the creation
of impervious surfaces.
C.
This Legislature also determines that many such recharge basins are
not being properly maintained within the County of Suffolk and, in
some cases, are being used for purposes in direct contradiction to
their primary function by virtue of such activities as the dumping
of construction debris and the temporary storage of machinery and
building materials at such sites.
D.
Therefore, the purpose of this article is to establish a mechanism
for the designation and protection of those recharge basins owned
and/or operated or maintained by the County of Suffolk, currently
approximating 250 such sites.
As used in this article, the following terms shall have the
meanings indicated:
The Suffolk County Department of Public Works.
An excavated area, located within the County of Suffolk,
which is generally associated with roadways, parking lots and paved
or altered areas, which is designed to hold stormwater runoff and
certain other waters for the purpose of recharging the collected water
back to the groundwater system. This term shall include those sites
commonly known as "sumps."
A.
Any recharge basin owned and/or operated or maintained by the County
of Suffolk is hereby designated as a "water recharge protection area."
B.
All such water recharge protection areas shall be posted with signs
facing out from each side of their perimeter with the following information,
to be set forth in conspicuous lettering on a contrasting background:
(1)
Designation of the site as a water recharge protection area;
(2)
Statement of the site's function and importance in groundwater
recharge;
(3)
Prohibition against the dumping of any material within the water
recharge protection area or around its perimeter;
(4)
Telephone number for reporting alleged violations of this article
to a County agency or department; and
(5)
Penalties imposed for illegal dumping within such water recharge
protection area pursuant to pertinent provisions of this article.
No person shall throw, dump, deposit, place or cause to be thrown,
dumped, deposited or placed upon any recharge basin owned and/or operated
or maintained by the County of Suffolk, in whatever capacity and for
whatever purpose, any refuse, trash, garbage, debris, rubbish or litter,
without the written consent of the County of Suffolk.
A violation of the provisions of § 763-4 above shall be punishable as an unclassified misdemeanor, subject to a fine of $1,000. Every day of violation shall constitute a separate offense.
Nothing contained in this article shall be construed as prohibiting
any town or village within the County of Suffolk from enforcing the
provisions of anti-litter ordinances on public property if such ordinances
were enacted and in effect prior to the effective date of this article.[1]
