LOCAL LAW NO. _____-2011, SUFFOLK COUNTY, NEW YORK
A LOCAL LAW TO PROTECT AIR QUALITY IN SUFFOLK COUNTY
BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, as follows:
Section 1. Legislative Intent.
This Legislature hereby finds and determines that Suffolk County is a leader in environmental protection and has several programs to protect soil and groundwater from contamination.
This Legislature also finds and determines that air pollution is another environmental issue that can impact the health and safety of County residents and may also contaminate soil and groundwater.
This Legislature further finds and determines that concerns have been raised that business and government entities may be discharging polluting chemicals, including barium, sulfur, salts, and aluminum oxide, into the air, which may impact weather and other environmental elements.
This Legislature finds that such particulates eventually fall from the atmosphere, exposing the public to these air pollutants and, upon landing, may contaminate soil and water.
This Legislature determines that County residents may be exposed to these chemicals while they are in the atmosphere, which can cause respiratory and other health problems.
This Legislature also finds that, to protect County residents from potential harm, any person who plans to discharge these chemicals into the airspace over Suffolk County should first file an Environmental Impact Statement with and receive approval from the Department of Health Services, Division of Environmental Quality.
Therefore, the purpose of this law is to require any person who plans to discharge sulfur, barium, salts or aluminum oxide into the airspace above the County of Suffolk to file a complete Environmental Impact Statement with the County prior to taking such action.
Section 2. Definitions.
As used in this law, the following terms shall have the meanings indicated: “PERSON” shall mean any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association, or other entity or business of any kind.
Section 3. Requirements.
Any person who plans to discharge sulfur, barium, salts or aluminum oxide into the airspace above the County of Suffolk must file a completed environmental impact form, as established in Section 4 of this law, with the Suffolk County Department of Health Services, Division of Environmental Quality and with the Clerk of the Suffolk County Legislature and receive the approval of the Division of Environmental Quality prior to engaging in such discharge.
Section 4. Form Established.
The Department of Health Services, Division of Environmental Quality is hereby authorized, empowered and directed to develop an environmental impact form to be used by persons wishing to discharge sulfur, barium, salts or aluminum oxide into the airspace above the County of Suffolk. Such form shall require applicants to detail the nature and purpose of their proposed discharge and any potential environmental and/or public health impacts that may result from such discharge.
Section 5. Exemption.
The requirements set forth in this law shall not apply to any person engaging in aerosol spraying for agricultural or vector control purposes.
Section 6. Penalties.
A. Any person who violates any provision of this law shall be liable for a civil penalty of up to $2,500 for an initial violation, with a fine of $5,000 for each subsequent violation.
B. Any civil penalty may only be assessed by the Commissioner of Health Services following a hearing and opportunity for an alleged violator to be heard.
Section 7. Rules and Regulations.
The Commissioner of the County Department of Health Services is hereby authorized and empowered to issue and promulgate such rules and regulations as he or she deems necessary to implement and carry out the provisions of this law. Section 8. Applicability.
This law shall apply to all actions occurring on or after the effective date of this law.
Section 9. Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
Section 10. SEQRA Determination.
This Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this law constitutes a Type II action pursuant to Section 617.5(c)(20), (21), and/or (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection. The Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this law.
Section 11. Effective Date.
This law shall take effect immediately upon filing in the Office of the Secretary of State.
LOCAL LAW NO. _____-2011, SUFFOLK COUNTY, NEW YORK