[HISTORY: Adopted Orangetown Town Board, Article I, 4-27-1970 by Local Law No. 3, 1970; Article II, 9-14-1970 by Local Law
No. 11, 1970. Amendments noted where applicable.]
Be it enacted by the Town Board of the Town of Orangetown as
follows:
[Adopted 4-27-1970 by L.L. No. 3, 1970]
No person, firm or corporation may fill, block, dam, bridge
or divert any stream or watercourse within that portion of the Town
of Orangetown outside the limits of any incorporated village without
having obtained a permit therefor from the Town Board of the Town
of Orangetown.
All applicants for a permit to fill, block, dam, bridge or divert
a stream or watercourse shall present plans and specifications for
the proposed filling, blocking, damming, bridging or diversion to
the Town Clerk. If the Town Board, after review of such application,
shall approve the proposed filling, blocking, damming, bridging or
diversion of the stream or watercourse, the Town Clerk shall issue
a permit therefor.
[Amended 10-12-1976 by L.L. No. 12, 1976]
All applications shall be accompanied by a nonreturnable fee
of $100.
The Town Board may in its discretion deny a permit if it determines
that the proposed filling, blocking, damming, bridging or diversion
is detrimental to the drainage or welfare of the Town of Orangetown.
Any bridge, dam, culvert or retaining wall affecting such watercourse,
or the banks thereof, shall be deemed a structure for which a building
permit is required from the Office of the Director of Building, Zoning
and Planning Administration and Enforcement.
The Town Board may by due resolution adopt such rules and regulations
as it deems necessary and proper to effectuate the purposes of this
local law.
Any person, firm or corporation who shall violate any of the
provisions of this local law shall be guilty of an offense against
the local law of the Town of Orangetown relating to the filling, blocking,
damming, bridging or diverting of any stream or watercourse, and shall
be subject to a fine not to exceed $500. Such fine is in addition
to, and not in limitation of, any other concurrent right or relief
the Town of Orangetown may have at law or in equity.
This local law is in addition to, and not in limitation of,
any other federal, state, county or local law having jurisdiction
herein. If any provision of this local law shall be adjudged by a
court of competent jurisdiction to be invalid, the invalidity thereof
shall not affect, impair or invalidate the remainder of the local
law.
This local law shall take effect immediately upon publication and posting, as required by law; simultaneously therewith, Chapter 41 of the Code of the Town of Orangetown, as enacted June, 25, 1956, and as amended on October 27, 1958, is hereby repealed.
[Adopted 9-14-1970 by L.L. No. 11, 1970]
It is the determination of the Town Board of the Town of Orangetown
that it is to the public good, health and welfare of the people of
the Town of Orangetown that the water quality of the watercourse known
as and by Sparkill Creek be established and maintained at the level
of water quality specified as follows:
A.
Floating solids, settleable solids, sludge deposits. Specifications:
None which are readily visible and attributable to sewage, industrial
wastes or other wastes or which deleteriously increase the amounts
of these constituents in receiving waters.
B.
Sewage or wastes effluents. Specifications: None.
C.
pH. Specifications: Range between 6.5 and 8.5.
D.
Dissolved oxygen. Specifications: Not less than 4.0 parts
per million.
E.
Toxic wastes, oil, deleterious substances, colored or other
wastes or heated liquids. Specifications: None alone or in combination
with other substances or wastes in sufficient amounts or at such temperatures
as to be injurious to fish life, make the waters unsafe or unsuitable
for bathing or impair the waters for any other best usage as determined
for the specific waters which are assigned to this class.
|
The foregoing purposes and requirements shall also apply to
any stream, drain, storm drain or watercourse which flows directly
or indirectly into any of said streams.
|
Any person, firm or corporation desiring to cause, allow or
permit any discharge of any liquid or other materials into such stream,
drain, storm drain or watercourse, other than from a one- or two-family
dwelling, shall first apply for and obtain a permit therefor from
the Department of Public Works.
It shall be unlawful and a violation of this law for any person,
firm or corporation, who is subject to this law, to hereafter, without
a proper permit therefor, to cause, allow or permit the discharge
or flow, directly or indirectly, of any liquid or other material into
any stream, drain, storm drain or watercourse within the Town of Orangetown
which will cause any detrimental effect to the water quality standards
as hereinabove provided of such receiving stream, drain, storm drain
or watercourse.
The Department of Public Works, subject to the approval of the
Town Board, shall:
Any applicant for a permit hereunder shall pay such engineering
and/or laboratory fees required by the Department of Public Works
in order to process any application for a permit required herein.
Upon denial of a permit, or for relief from the terms of any
permit issued, any applicant has the right to appeal to the Town Board
of the Town of Orangetown for reconsideration of the decision of the
Department of Public Works.
All persons, firms or corporations presently discharging, directly
or indirectly, any liquid or other material into any stream, drain,
storm drain or watercourse shall have 90 days from the effective date
of the enactment of this local law to apply for a permit herein and
comply with the standards hereinabove provided, and upon failure to
comply with the law, said person shall constitute a violation punishable
as hereafter provided.
Any person, firm or corporation who shall violate any of the
provisions of this local law shall be guilty of an offense against
the local law of the Town of Orangetown relating to the discharge
of liquids or other materials into any stream, drain, storm drain
or watercourse, and shall be subject to a fine not to exceed $500.
Such fine is in addition to and not in limitation of any other concurrent
right or relief the Town of Orangetown or any other jurisdiction may
have at law or in equity. Each day such violation continues shall
be deemed a separate violation.
This local law is in addition to and not in limitation of any
other federal, state, county or local law having jurisdiction herein.
Where there are other laws and regulations concerning the discharge
of liquids or other materials into a stream, drain, storm drain or
watercourse, the regulation requiring the strictest standards shall
apply. If any provisions of this law shall be adjudged by a court
of competent jurisdiction to be invalid, this invalidity thereof shall
not affect, impair or invalidate the remainder of the local law.
The titles indicated for the several sections hereof are for
identification purposes only and not part of the text of this local
law.
This local law shall take effect immediately.
