§ 57-47. Violation of permit; revocation of permit; abandonment.

A. 

A wetlands and waterways permit for aquaculture shall expire within 90 days of notification by the DEC that the water quality within the licensed/leased area no longer meets the standards for permanent open certification.

B. 

The Town may revoke a wetlands and waterways permit under the following conditions:

(1) 

The applicant fails to comply with all present and future federal, state, county and Town laws, codes, rules and regulations applicable to aquaculture activities;

(2) 

The applicant fails to comply with the conditions and/or requirements of all federal, state and local permits within 10 days of being served notice by any regulatory agency of violation;

(3) 

The applicant fails to comply with the conditions of the license agreement with the Town of Brookhaven. The invalidation of the license agreement will cause an immediate revocation of the wetlands and waterways permit.

(4) 

The applicant abandons its licensed/leased area by not growing shellfish or other aquaculture species on the underwater lands for three consecutive years.

(5) 

The Town may choose to revoke or not renew the wetlands and waterways permit should evidence support that continued aquaculture activates are detrimental to the local flora and fauna.