[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.
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.
A.
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.
B.
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:
(1)
Hearings shall be convened either by the Commissioner
or a Deputy Commissioner authorized to do so by the Commissioner.
(2)
Hearings may be held on any application, complaint or
alleged violation of laws or regulations applicable to environmental and natural
resource protection.
(3)
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.
(4)
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.
[Amended 12-16-1986]
A.
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.
B.
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.
