[HISTORY: Adopted by the Town Board of the Town of Babylon 4-7-1976 by L.L. No. 11-1976. Amendments noted where applicable.]
Whenever used in this chapter, the following words used in the singular include the plural and have the following meanings:
- The Commissioner of Environmental Control, who shall be the principal executive officer of the Department.
- The Town of Babylon Department of Environmental Control, which performs a major function of Town government.
- DEPUTY COMMISSIONER
- A Deputy Commissioner of Environmental Control, who shall act generally for and in the place of the Commissioner.
There shall be in the Town of Babylon a Department of Environmental Control. The principal executive officer of the Department shall be the Commissioner, who shall be appointed by the Town Board for a term fixed by law at such salary as may, from time to time, be fixed by said Town Board. The Commissioner shall be appointed on the basis of his administrative qualifications and experience for the duties of such office and such additional qualifications as may be required by the said Town Board. The Commissioner shall be the head of the Department, with authority and power to appoint and remove officers and employees under his jurisdiction and in accordance with civil service law and other applicable law.
The Commissioner is empowered herein to appoint one executive Assistant to the Commissioner and to appoint two Deputies, who shall act generally for and in the place of the Commissioner and perform such duties as are vested in that office by the provision of this chapter, statute or other lawful authority.
The Department shall have cognizance of and control over the protection of the people of the Town of Babylon, present and future, against such activities as would tend to impair, damage, destroy or otherwise infringe upon the natural resources and environment of the Town of Babylon. This control includes, but is not limited to, such powers provided in the Code of the Town of Babylon relating to the environment and natural resources.
The Commissioner shall be responsible to exercise the cognizance and control vested in the Department, and the Commissioner shall have such powers as shall be necessary f or the proper administration of the Department consistent with applicable law. The Commissioner is empowered to make such rules and regulations, subject to Town Board approval, as may be necessary and proper to the protection of the environment and natural resources.
The Commissioner shall be consulted on all matters affecting the environment and natural resources of the Town of Babylon which relate to any department, board or agency of Town government. The Commissioner shall render advice, upon request of any agency of Town government (or on his own motion), relative to the protection of the environment and natural resources, and the Commissioner may hold hearings relative to the same. Such hearings shall be conducted according to the following procedures:
Hearings shall be convened either by the Commissioner or a Deputy Commissioner authorized to do so by the Commissioner.
Hearings may be held on any application, complaint or alleged violation of laws or regulations applicable to environmental and natural resource protection.
After such hearings, the Commissioner shall prepare findings of fact and conclusions, which shall be the basis of any determination in the premises, each formally presented and containing any conditions or penalties incident thereto.
Nothing contained herein shall preclude the Department from taking any action other than the hearing provided herein; nor shall the Department be precluded from taking such other action by virtue of the order made pursuant to this section.
Until such time as the same may be either amended or modified, the Department shall be divided into the following Divisions:
The powers and duties of such Divisions therein shall be under the administration, direction and control of the Commissioner. Each of the Divisions of the Department shall be supervised by a division head designated a Division Supervisor.
The Commissioner may, with the approval of the Town Board, establish, consolidate or abolish any divisions or subdivisions now existing or hereafter created in the Department.
The Division of Environmental Facilities shall supervise and operate all Town incinerators, landfill sites, scavenger waste treatment plants and the animal shelter. The Division shall enforce all regulations relating to refuse collection and disposal performed by private contractors under license granted by the Town of Babylon. The Division shall provide such other general services to the Department as may be deemed necessary to administrative support to the Department.
The Division of Environmental Management shall supervise and control the waterways of the Town of Babylon and their use. The Division shall coordinate inspection and enforcement of those provisions of the Code which pertain to Town waterways with the Division of Environmental Services. The Division shall supervise a comprehensive shellfish and bay management program, including depuration or transplanting of shellfish as required, wetlands restoration and/or creation and similar duties as may be assigned by the Commissioner.
The Division of Environmental Services shall inspect any activity regulated by the Town of Babylon pertaining to environmental protection and enforce the provisions of the Code or regulations of the Commissioner pertaining to the same. The Division shall conduct all special projects, recycling programs and public education programs of the Department.
Within the Division of Environmental Services, there shall be a Bureau of Environmental Monitoring, which shall conduct preliminary field monitoring and surveys pertaining to environmental protection of marine, freshwater, land and air resources of the Town of Babylon or other similar duties as may be assigned by the Commissioner.
The Department of Sanitation and the Division of Marine Affairs are hereby abolished and their powers and duties appropriately transferred to the Department as provided hereinabove.
All costs and expenses incurred by the Department or its officers or employees on behalf of a special improvement district or a special Town project shall be charged against the same and paid from the funds duly appropriated for the purpose of such district or project.
Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in § 29, 52 or 125 of the Town Law or any other powers which may be lawfully exercised by said Supervisor.