§ 69-14. Environmental regulations.

A. 

The discharge of off petroleum products, by-products and other pollutants into or upon any water, waterways, beaches and lands adjoining the shorefront under the jurisdiction of the Town from any vessel, boat or terminal facility is prohibited.

B. 

All boats or vessels operating within the waters of the Town shall fully comply with all federal and state laws and rules and regulations of any appropriate federal and state agency having jurisdiction thereof.

C. 

All oil companies and vessels using the waters under the jurisdiction of the Town shall have available in appropriate locations on their waterfronts and on board oil and other pollutant-carrying vessels a minimum length of Bar Boom, United States Coast Guard Water Pollution Barrier or similar floating oil retention boom system sufficient to completely encircle the vessels or facilities and shall use it when loading or unloading such vessel.

D. 

Every oil company operating a terminal facility in the Town shall provide and designate a person in charge during the transfer of any oil or petroleum products from a vessel to the terminal facility. Such person shall be in charge and have authority to direct the transferring operation, and in the event of a discharge or of spillage, such person in charge shall be responsible for immediately notifying and alerting the Commissioner and the United States Coast Guard.

E. 

In the event of an oil spillage or discharge, the oil company operating the terminal facility, the owner or person in charge or the vessel captain shall immediately notify the United States Coast Guard, and the Commissioner and shall forthwith assign its personnel to install the water pollution barrier to contain the oil slick or spillage and shall immediately undertake to remove such discharge from the waters or shorelines of the Town. Notwithstanding the above requirement, the United States Coast Guard On-Scene Commander or the Commissioner may undertake whatever action he may deem to be appropriate under the circumstances for the immediate removal of such discharge and may contact and employ other persons who shall operate under the direction of the Coast Guard On-Scene Commander or the Commissioner.

F. 

It shall be the responsibility of the oil company owner, the person in charge or vessel captain to immediately notify the Commissioner and the appropriate United States Coast Guard station of the discharge of any pollutant. It is intended herein that all spills are to be reported to the Coast Guard and the Commissioner. The failure to report a discharge shall be deemed a violation of this chapter.

G. 

Use of detergents, chemicals and other materials for the removal of oil spills or slicks.

(1) 

Detergent materials are prohibited.

(2) 

Nondetergent chemical dispersants may be used only after such dispersants shall have been approved for such use by the appropriate federal agency having jurisdiction thereof.

(3) 

Nonsinkable absorbent materials may be used if they are readily recoverable from the surface of the water.

H. 

The person, firm or corporation or association, owner, lessee or user of the vessel or facility causing the spillage of oil or other pollutant, resulting in an expenditure by the Town for the use of its personnel and equipment, shall be liable to the Town and shall reimburse the Town upon due notice for the expenditures of the sums involved to remove the spillage and for any and all damage to Town property.