[HISTORY: Adopted by the Town Board of the Town of Fenton 4-3-1991
as L.L. No. 1-1991. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Town of Fenton
Aquifer Law."
The purpose and intent of establishing wellhead, aquifer recharge and
watershed protection areas is to minimize the potential for contamination
of the aquifer which supplies or in the future may supply water to users in
the Hillcrest Water District No. 1 in the Town of Fenton, and thereby protect
and maintain groundwater quality in the protection zones tributary to the
Hillcrest Water District well field and to protect the general health and
safety of the residents of the Town of Fenton.
As used in this chapter, the following terms shall have the meanings
indicated:
A saturated permeable subsurface geologic unit that can transmit
a significant quantity of water under ordinary hydraulic gradients.
Those land areas outside the Wellhead Protection Area (Zone I) through
which a large volume of precipitation or surface runoff flows directly into
the Hillcrest aquifer. This area is designated on the Hillcrest Wellhead Protection
Map as "Zone II."
The depression, roughly circular in shape, produced in a water table
or other piezometric surface by the extraction of water from a well at a given
rate. The volume and areal extent of the cone varies with the rate and duration
of withdrawal of water.
Solid wastes resulting from land clearing, road building or the construction,
demolition and repair of structures. Such wastes include, but are not limited
to, bricks, concrete, rock, lumber, paving materials, tree stumps and brush.
Any man-made change to improved or unimproved real estate that includes,
but is not limited to, the construction of buildings, tanks or other materials,
storage facilities, the renovation of structures, dredging, filling, grading,
landfilling, commercial excavation or the installation of pipelines and waste
treatment facilities.
The release of a material by any means onto the surface of the ground,
below the surface of the ground, into surface waters or into groundwaters.
The subsurface water found in soils and geologic formations that
are fully saturated.
A single individual, a group of individuals, an association, a company
or a corporation.
All putrescible and nonputrescible solid waste, including, but not
limited to, garbage, rubbish, ashes, incinerator residue, junk cars, dead
animals, commercial wastes, medical wastes and industrial wastes.
Any substance, whether in solid, liquid or gaseous state, that, because
of its characteristics, may present a potential hazard to human health or
the drinking water supply if discharged to the surface of the land or the
Hillcrest Aquifer in the Town of Fenton. This includes, but is not limited
to, hazardous substances listed in Part II, Title 40 of the Code of Federal
Regulations, as hereafter amended; substances that meet the hazardous waste
characteristic tests as defined by the Federal Resource Conservation and Recovery
Act of 1976, as hereafter amended and the regulations adopted pursuant thereto;
acids or bases beyond a pH range of 6.5 to 8.5; petroleum products; metal
plating solutions; solvents; or degreasers. This definition does not include
natural gas subject to regulation by state or federal authorities.
A failure to comply with or conform to the provisions of this chapter.
A stream channel with either intermittent or continuous water flow.
The land surface that is hydraulically tributary to the Aquifer Recharge
Area (Zone II). This area is designated on the official Hillcrest Wellhead
Protection Map as "Zone III."
The land area that extends from the Water District No. 1 wells to
the outermost limits of their cones of depression. This area is designated
on the official Hillcrest Wellhead Protection Map as "Zone I."
The following zones are created for the purpose of protecting the Hillcrest
water supply:
A.
Zone I (Wellhead Protection Area). The following land
use activities may not be initiated or carried on in Zone I after enactment
of this chapter:
(1)
Excavations that intersect the water table at its seasonal
high level and remain open for a period of time exceeding six months, except
those excavations intended to sample, test, treat or pump groundwater pursuant
to a municipally approved plan to enhance or monitor groundwater quality.
(2)
The disposal or processing of construction and demolition
debris.
(3)
The construction of septic systems with a maximum flow
rate exceeding 1,000 gallons per day.
(4)
The uncovered outdoor stockpiling of manure.
(5)
The construction of new facilities or reconstruction
of existing facilities for the below ground storage of hazardous or toxic
materials.
(6)
The landfilling of refuse, radioactive materials, toxic
materials or hazardous materials on or below the ground surface.
(7)
The siting of junkyards or metals salvage operations.
(8)
The construction of underground pipelines external to
a facility that carry toxic or hazardous materials over distances exceeding
100 feet.
(9)
The uncovered storage of road salt.
B.
Zone II (Aquifer Recharge Area). The following land use
activities may not be initiated or carried on in Zone II after enactment of
this chapter:
(1)
The construction of a septic system with a maximum flow
rate exceeding 1,000 gallons per day.
(2)
The uncovered outdoor stockpiling of more than 100 pounds
of manure.
(3)
The construction of facilities for the below ground storage
of hazardous or toxic materials, except where leak detection monitoring systems
and/or secondary containment structures are installed.
(4)
The landfilling of refuse, radioactive materials, toxic
materials or hazardous materials on or below the ground surface.
(5)
The siting of junkyards or metal salvage operations.
(6)
The construction of underground pipelines external to
a facility that carry toxic or hazardous materials over distances exceeding
100 feet.
(7)
The uncovered storage of road salt.
C.
Zone III (Watershed Area). The following land use activities
may not be initiated in Zone III after enactment of this chapter:
(1)
The uncovered outdoor stockpiling of more than 1,000
pounds of manure within 100 feet of a watercourse or the Zone II boundary.
(2)
The construction of facilities for the below ground storage
of hazardous or toxic materials, except where leak detection monitoring systems
and/or secondary containment structures are installed.
(3)
The landfilling of refuse, radioactive materials, toxic
materials or hazardous materials on or below the ground surface.
(4)
The siting of junkyards or metals salvage operations
within 100 feet of a watercourse or the Zone II boundary.
(5)
The construction of underground pipelines external to
a facility that carry toxic or hazardous materials within 250 feet of a watercourse
or the Zone II boundary.
(6)
The uncovered storage of road salt within 100 feet of
a watercourse or the Zone II boundary.
A.
An operations permit must be obtained for all currently
existing nonconforming developments within Zones I, II and III.
B.
No person shall perform any act which may result in the
contravention of water quality standards contained in 10 NYCRR 5 (Drinking
Water Supplies), or any other applicable federal or state law or regulation.
C.
The area lying within the boundaries of Wellhead Protection
Zones I and II is designated as a critical environmental area pursuant to
Section 617.12(12) of the regulations of the Department of Environmental Conservation.
A.
The owner of an existing development made nonconforming
by this chapter shall obtain an operating permit from the Town of Fenton Planning
Board. Unless such a permit is granted within one year following the adoption
of this chapter, the nonconforming operation shall cease. The Planning Board
may approve a form of application and specify the supporting documentation
requisite to obtaining a permit.
B.
Upon review of the application and all supporting documentation,
the Planning Board shall determine if any corrective action is required to
lessen or remove the risk of groundwater contamination posed by the nonconforming
development. When the applicant demonstrates to the Planning Board that all
required corrective action has been implemented, the Planning Board shall
issue an operating permit for the development.
Any new construction, development or change of use within Wellhead Protection
Zones I and II that exceeds any of the criteria listed below shall be allowed
only upon issuance of a new development permit from the Town Planning Board:
A.
Any new construction, development or change of use, other
than residential, farming, gardening, forestry, harvesting or grazing, that
exceeds $50,000 in cost.
B.
Any new construction, development or change of use, that
involves the storage of toxic or hazardous materials exceeding 55 gallons
or 500 pounds or the use of toxic or hazardous materials exceeding 55 gallons
or 500 pounds in a single month.
C.
Any new project that requires a permit from the New York
State Department of Environmental Conservation.
An applicant for a new development permit shall submit the following
information:
A.
Name, address and telephone number of the applicant.
B.
If the applicant is a corporation, the names, addresses
and telephone numbers of its principal corporate officers and all directors;
in a partnership, the names and addresses of the general partners.
C.
A map showing the location of the premises for which
the permit is sought and plans prepared by a licensed professional engineer
or architect showing all features necessary for the satisfactory on-site conveyance,
storage, use and disposal of sanitary wastes, stormwater runoff, process wastes
and toxic or hazardous wastes within the property boundaries of the business
or commercial establishment.
D.
Whenever storage of hazardous or toxic materials exceeds
500 gallons or 5,000 pounds or the use exceeds 500 gallons or 5,000 pounds
in a single month, provision for the containment of potential spills and for
such other contingencies as the Town Planning Board may deem appropriate.
E.
Copies of all other applications and permits to other
governmental agencies.
F.
A statement of all toxic or hazardous materials currently
used or stored on the premises, including quantities, methods of storage,
usages and methods of disposal.
G.
Such other information that the Town Planning Board may
determine necessary to a decision on the application.
The Town Planning Board may grant a permit, deny a permit or grant a
permit with stated conditions. In the event that a permit is granted or granted
with stated conditions, the applicant shall use the best available means to
prevent contamination of the water supply of the Town of Fenton. This requirement
shall be a continuing requirement. The Town Planning Board shall maintain
continuing jurisdiction and shall have the power and authority to require
the applicant to maintain the development or facilities using state-of-the-art
technology.
A permit holder must apply for a new permit if hazardous or toxic materials
not listed in the original permit are subsequently used or stored at the site.
The permit shall expire if the subject premises are sold or conveyed.
A public hearing shall be held with respect to each application for
a nonconforming use permit or a new development permit. A notice of public
hearing shall be published in the official town newspaper no less than five
days prior to the hearing date.
A.
Zone I. The Town Board shall establish Zone I boundaries
on its Wellhead Protection Map using the best available information concerning
the hydrogeologic characteristics of the Hillcrest Aquifer. Initially, Zone
I shall be bounded by a line circumscribing the wells of the Hillcrest Water
District, measured from the center of the well site property, with a radius
of 1,700 feet.
B.
Zone II. The Town Board shall establish Zone II boundaries
on its Wellhead Protection Map using available hydrogeologic characteristics
of the Hillcrest Aquifer. Unless otherwise determined by the Town Board, Zone
II shall be the area within the Hillcrest Water District lying between the
Chenango River and the 920 foot contour line on the 1968 United States Geological
Survey map, entitled "Castle Creek, New York."
C.
Zone III. The Town Board shall establish Zone III boundaries
on its Wellhead Protection Map using available topographic data on areas contributing
overland runoff to Zones I and II. The zone boundaries are set forth on a
map thereof, as the same may be subsequently amended, adopted as part of this
chapter.[1]
[1]
Editor's Note: Said map is located in the town offices.
D.
When a zone boundary is disputed by any petitioner who
is directly affected, the Fenton Town Board shall be empowered to redefine
or vary the precise location of the boundary in question based on competent
data obtained at the expense of the petitioner.
The Fenton Code Enforcement Officer shall be responsible for enforcement
of this chapter. The Code Enforcement Officer is authorized to issue cease
and desist orders whenever violations of this chapter are noted.
A.
The owner of any property found not in compliance with
the provisions of this chapter or any other person who commits or permits
any acts in violation of any of the provisions of this chapter shall be deemed
to have committed an offense and shall be liable for any such violation and
the penalty therefor.
B.
For every violation of any provision of this chapter,
the person violating the same shall be deemed guilty of a misdemeanor and
subject to a fine of not more than $1,000 or imprisonment for not more than
one year, or both such fine and imprisonment. Each day of continued violation
of the provisions of this chapter shall be deemed a separate offense.[1]
C.
Any person violating this chapter shall also be subject
to a civil penalty enforceable by the town in the amount of $1,000 for each
such offense. Such penalty shall be collected by the town for each day that
such violation shall continue.[2]
D.
In addition to the above provided penalties and punishments,
the Town Board may also maintain an action or proceeding in the name of the
town and in a court of competent jurisdiction to compel compliance with or
restrain by injunction the violation of the provisions of this chapter.
