[HISTORY: Adopted by the Board of Trustees
of the Village of Hamilton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-11-1980 by L.L. No. 1-1980]
The purpose of these regulations is to safeguard
the potable water supply of the Village of Hamilton by preventing
backflow into or cross-connections with the public water supply system.
It shall be unlawful for the owner of property
or the user of Village water, or both, to introduce or permit the
introduction into the Village water supply system of pollution or
contamination of any kind. Whenever cross-connection to other water
supply into the Village system is found or whenever any other condition
is found which presents the possibility of contamination or pollution,
the water supply to such premises and/or other premises from which
cross-connection is made shall be discontinued immediately until the
cross-connection is eliminated or the condition remedied. The operator
of the water works may permit or require a backflow preventer of pattern
and design which the New York State Department of Health approves
as reasonably adequate to prevent contamination, if the operator determines
that a complete physical separation from the Village water system
is not practicable or necessary, or that adequate inspection for cross-connection
cannot readily be made or that such backflow preventer is necessary
because of existing or possible backflow resulting from special conditions,
use or equipment.
Corrective measures, disconnection or change
on private property shall be at the sole expense of the person in
control of such property. Any changes required in the Village system
outside the property or between the meter and the supply line or distribution
system and any charges for cutoff or disconnection shall be added
to the charges for water against the premises necessitating such expenditure.
All physical connections which may constitute potential cross-connection are prohibited unless constructed, maintained and operated in accordance with the provisions of the New York State Sanitary Code, Chapter 1, Part 5, Section 5-1.31.
The Municipal Utilities Commission is designated
the operator of the water works and shall publish and enforce regulations
to safeguard the potable water supply of the Village of Hamilton.
[Added 1-14-1992 by L.L. No. 1-1992]
[Adopted 2-10-1987 by L.L. No. 1-1987]
The people of the State of New York have in
the New York State Constitution, Article 9, Section 2, delegated the
responsibility to local governmental units to adopt regulations designed
to promote the public health, safety and general welfare of its citizenry.
Therefore, be it enacted by the Village Board of Trustees of Hamilton,
New York, as follows.
It is the general purpose of this article to
promote the public health, safety and general welfare and to minimize
the possibility of degradation of the quality and quantity of groundwater
available for the Village-owned water supply by provisions designed
to limit the amount of water withdrawn by others from an aquifer underlying
the Village of Hamilton and to limit the amount of materials which
may be drawn into the aquifer after they have been deposited upon
the surface of the ground in the vicinity of the area of recharge
of the Village of Hamilton underground water source.
A.
Unless specifically defined below, words or phrases
used in this article shall be interpreted so as to give them the meaning
they have in common usage and to give this article its most reasonable
application.
B.
AQUIFER RECHARGE AREA
CLOSED LOOP
GEOTHERMAL HEATING/COOLING
GPM
GROUNDWATER
OPEN LOOP
WELL
As used in this article, the following terms shall
have the meanings indicated:
The land where precipitation, snow and rain percolates directly
through the ground to an aquifer and, for the purpose of this law,
shall be considered to be the area served by the water distribution
system of the Village of Hamilton.
A geothermal system which uses groundwater and subsurface
soils for the purpose of heating/cooling. This system uses a closed
loop pipe that has no discharge to the subsurface.
[Added 9-11-2007 by L.L. No. 4-2007]
The use of subsurface soils and groundwater for extracting
heat from and dissipating heat to for the purpose of heating or cooling
homes, business and places of assembly.
[Added 9-11-2007 by L.L. No. 4-2007]
Gallon per minute.
[Added 9-11-2007 by L.L. No. 4-2007]
Water found below the surface of the earth.
[Added 9-11-2007 by L.L. No. 4-2007]
A geothermal system which uses groundwater and subsurface
soils for the purpose of heating/cooling and then discharges spent
water back into the ground.
[Added 9-11-2007 by L.L. No. 4-2007]
Any subsurface penetration and/or excavation into the ground
for the purpose of accessing and/or withdrawing groundwater, natural
gas or petroleum, and/or any subsurface penetration and/or excavation
into the ground for the purpose of discharging any substance into
the groundwater.
[Added 9-11-2007 by L.L. No. 4-2007]
This article shall apply to all areas within
the jurisdiction of the Village of Hamilton and to all areas served
or bounded by the Village of Hamilton water distribution system.
In their interpretation and application, the
provisions of this article shall be held to be minimum requirements,
adopted for the promotion of the public health, safety or general
welfare. Whenever the requirements of this article are at variance
with the requirements of any other lawfully adopted rules, regulations
or ordinances, the most restrictive, or that imposing the higher standards,
shall govern.
[Amended 1-14-1992 by L.L. No. 1-1992]
No well shall hereafter be constructed, located, extended, converted, altered or used in any manner without full compliance with the terms of this article and other applicable regulations as may be enacted by the Municipal Utilities Commission of the Village of Hamilton. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be punishable by the penalties set forth in Chapter 1, General Provisions, Art. II. For the purpose of this article each day that such violation exists shall be considered to be a separate violation. In addition, the violator shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Village of Hamilton or its Municipal Utilities Commission from taking such other lawful action as necessary to prevent or remedy any violation.
The administration of this article shall be
the responsibility of the Municipal Utilities Commission of the Village
of Hamilton. The Municipal Utilities Commission of the Village of
Hamilton is hereby authorized to establish rules and regulations regarding
the protection of the groundwater supply of the Village in accordance
with Article 11 of the Village Law of the State of New York.
[Amended 2-11-1997 by L.L. No. 1-1997; 9-11-2007 by L.L. No. 4-2007]
A.
The use of private wells as a private water supply
system for human consumption and building service upon any property
served by the Village of Hamilton public water system, and/or upon
any property to which water service is legally and physically available
from the Village of Hamilton public water system, is prohibited. As
of September 15, 2007, no well shall be constructed, located, extended,
converted, altered or used in any respect within the Village of Hamilton,
or on or under lands subject to the jurisdiction of the Village of
Hamilton, or on or under any lands outside the Village of Hamilton
or its jurisdiction for the benefit of any property or properties
within the Village of Hamilton, except upon the prior issuance of
a permit approved by the Municipal Utilities Commission of the Village
of Hamilton (MUC) or its designated official. Wells in existence and
use as of September 15, 2007, may continue until such use is suspended
or terminated. After suspension or termination for a continuous period
of six months or more, such wells or use may not be reinstated except
upon the issuance of a permit in accordance with the provisions of
this chapter.
B.
Applications for such permits shall be on completed
forms prescribed and approved by the MUC. The applicant shall also
provide such additional pertinent information and data as may be requested
by the MUC for the review of each application.
C.
Open loop geothermal heating/cooling systems. All
applications for wells to be installed in connection with open loop
geothermal heating/cooling systems and/or private irrigation system
shall include the following information:
(1)
Site plan requirements and system details.
(a)
Detailed survey stamped and signed by a licensed
land surveyor.
(b)
Locate primary building and linear distances
to contiguous property lines.
(c)
Locate all secondary building and linear distance
to contiguous property lines.
(d)
Locate all test drilling sites and linear distance
to contiguous property lines.
(e)
Locate all soil analysis sites and linear distance
to contiguous property lines.
(f)
Locate closet building facade and linear distance
of all buildings on any contiguous property.
(g)
Determine distance from supply well and discharge
field to Village wellhead protection zones of Influence 1, 2, and
3.
(h)
Locate production well.
(i)
Locate cone of influence area.
(j)
Locate discharge area of influence, both hydrological
and temperature influences.
(k)
If fertilizers, herbicides, pesticides or other
chemicals are to be utilized show area of use and influence. Determine
distance to the Village of Hamilton source of supply and linear distance
to wellhead protection zones 1, 2, and 3.
(2)
Geological report. The applicant shall supply a detailed
geological and hydrogeological report prepared and certified by either
a professional engineer, geologist, hydrologist and/or hydrogeologist
with the following information.
(a)
Describe intended use of the groundwater.
(b)
Maximum GPM.
(c)
Number of hours of day in operation.
(d)
Annual estimated total usage.
(e)
Estimated peak demand.
(f)
Geological conditions of the site.
(g)
Hydrogeological conditions of the site.
(h)
Groundwater flow direction.
(i)
What influence will groundwater pumping have
on contiguous properties?
(j)
What influence will groundwater pumping have
at 100 feet, 500 feet, and 1,000 feet distances (water model analysis
recommended)?
(k)
What influence will groundwater pumping have
on the VOH potable water zones of influence and source of supply?
(3)
Materials and water use.
(a)
Casing size.
(b)
Type of grout.
(c)
Type of distribution pipe.
(d)
Describe in detail water usage.
(e)
Name all intended uses of fertilizers, herbicides,
pesticides, etc.
(f)
Irrigation plan.
(g)
Backflow prevention cross control prevention
plan.
(h)
Backflow prevention detail.
(i)
Type of supplemental backup heating source.
(j)
Detailed design of any proposed supplemental
heat source.
(k)
Provide three years of actual electric load
usage.
(l)
Calculate load reduction associated with the
installation of a geothermal system.
D.
Closed loop geothermal heating/cooling systems. All
applications for wells to be installed in connection with closed loop
geothermal heating/cooling systems shall include the following information:
(1)
Site plan requirements and system details.
(a)
Detailed survey stamped and signed by a licensed
land surveyor.
(b)
Locate system components from on-site primary
building and linear distances to contiguous property lines.
(c)
Locate system components from all on-site secondary
building and linear distance to contiguous property lines.
(d)
Locate all test drilling sites and linear distance
to contiguous property lines.
(e)
Locate all soil analysis sites and linear distance
to contiguous property lines.
(f)
Locate system components to the closest building
facade and linear distance of all buildings on any contiguous property.
(g)
Determine system components linear distance
from supply well and discharge field to Village wellhead protection
zones of Influence 1, 2, and 3.
(h)
Locate system production well and or area dimensions
necessary for efficient geothermal needs.
(i)
Locate system discharge area of influence, both
hydrological and temperature influences.
(j)
Provide detailed information on all substances,
other than water, used in the closed loop system which shall include
a Material Safety Data Sheet (MSDS). All such substances shall be
nontoxic and included in the MUC's list of approved substances, or
otherwise proven to be safe to the satisfaction of the MUC.
(k)
Determine distance to between system components
and the Village of Hamilton source of supply wellhead protection zones
1, 2, and 3.
(2)
Geological report. The applicant shall supply a detailed
geological and hydrogeological report prepared and certified by either
a professional engineer, geologist, hydrologist and/or hydrogeologist.
(a)
Number hours of day in operation.
(b)
Geological conditions of the site.
(c)
Hydrogeological conditions of the site.
(d)
Groundwater flow direction (when using vertical
pumping).
(e)
What influence will closed loop system components
have on contiguous properties?
(f)
What influence will the system have at 100 feet,
500 feet, and 1,000 feet distances (model analysis recommended)?
(3)
Materials and water use.
(a)
Casing size.
(b)
Type of grout.
(c)
Type of distribution pipe.
(d)
Describe in detail water usage.
(e)
Name all intended uses of fertilizers, herbicides,
pesticides, etc.
(f)
Irrigation plan.
(g)
Backflow prevention cross control prevention
plan.
(h)
Backflow prevention detail.
(i)
Type of supplemental backup heating source.
(j)
Detailed design of any proposed supplemental
heat source.
(k)
Provide three years of actual electric load
usage.
(l)
Calculate load reduction associated with the
installation of a geothermal system.
E.
All applications for permits to install wells shall
be accompanied by an application fee payable to the Village of Hamilton
in such amount as may be determined from time to time by resolution
of the Board of Trustees. In addition to the application fee, the
applicant shall reimburse the Village for all consultant and professional
fees and related expenses incurred by the Village for engineers, architects,
hydrologists, attorneys and others retained by the Village and/or
the MUC to assist in the evaluation and review of the application,
and, as applicable, in connection with the inspection of wells and
work related thereto. Such anticipated fees and expenses shall be
estimated by the MUC as being reasonably necessary to defray typical
or average costs to the Village to procure sufficient professional
and technical advice and assistance, if any, needed to adequately
and properly review and evaluate the application in terms of its effects
upon the groundwater resource, sanitary waste systems, drainage, historic
qualities and other environmental, public facility, and other resources,
and to insure that any proposed public facilities are designated and
constructed in accordance with applicable standards. The basis for
these estimated amounts, if any, shall be reviewed with the applicant
prior to any fees and expenses being obligated or incurred by the
Village. The estimated amounts shall be paid by the applicant as a
deposit in escrow toward payment of such fees and expenses as incurred
by the Village. Any funds remaining on deposit upon completion of
the review process, and subsequent development where applicable, shall
be returned to the applicant.
F.
The MUC shall complete its review of the application
within 90 days of receipt of a complete application and all relevant
information requested of the applicant by the MUC. The MUC may, upon
written notice to the applicant, extend the review period for an additional
45 days if deemed necessary by the MUC.
G.
The MUC and the applicant shall comply with the requirements
of the New York State Environmental Quality Review Act prior to the
approval of an application for well installation.
(1)
The MUC shall have the right to impose conditions
upon the issuance of well permits as it deems appropriate and necessary
for the protection of the groundwater resource, neighboring properties
and the environment and community generally, which conditions may
include the applicant's consent to recorded deed restrictions and
the installation near the applicant's water meter of a permanent placard
stating that the water system is subject to the requirements and limitations
of a permit issued by the Village of Hamilton. Any such placard is
to be furnished by the Village at the applicant's expense.
(2)
The MUC shall also have the right to require and approve
an abatement plan at the time of issuance of the well installation
permit, which abatement plan shall specify the measures required of
the applicant to abandon the permitted wells at the time it or they
are taken out of service.
H.
All well permits shall be renewed on an annual basis
upon such terms as may be determined by the MUC, which shall include
the applicant's compliance with the production limitations applicable
to the permit as confirmed by the meter(s) installed as part of the
applicant's system.
I.
In addition to such appropriate conditions as may
be imposed by the MUC, all approved wells shall be installed in accordance
with the following minimum requirements:
(1)
All wells shall be installed in accordance with all
federal, state, county and local laws and regulations. The applicant
is responsible for acquiring all federal, state, county and local
permits prior to installation.
(2)
All wells shall be installed by well drillers duly
licensed by the State of New York. All well drillers shall have general
liability insurance with coverage limits equal to or greater than
the limits set from time to time by the Board of Trustees of the Village
of Hamilton. Proof of workers' compensation insurance carried by the
well driller shall be filed with the Village prior to installation.
(3)
All water wells shall be limited to a production rate
of six gallons per minute and a maximum of 8,640 gallons per day.
In the event the owner of a single-family residence can demonstrate
a need for a greater production capacity for wells used for geothermal
purposes, the MUC shall issue a permit to allow such capacity upon
the applicant's demonstrated compliance with the standards and requirements
of this chapter.
(4)
No more than one well may be installed per parcel
of property for withdrawal of water. If approved by the MUC, a property
owner may install more than one well per parcel for geothermal purposes.
(5)
All production wells, and discharge areas, wells and
pits, shall be designed, installed and operated so as to have no adverse
effects upon the groundwater resource or upon other properties or
the surface or subsurface rights of other property owners.
J.
All lands within 200 feet of any Village-owned well
shall be protected and controlled by the Village of Hamilton Board
of Trustees. Such Board may consult with and receive technical advice
from the Municipal Utilities Commission of the Village of Hamilton
in effecting this protection and control.
K.
In order to prevent contamination of the groundwater
supply, any proposed building permit application, excavation and grading
permit application for the construction or replacement of any structure,
storage facility or wastewater disposal system, whether aboveground
or underground, shall be reviewed by said Municipal Utilities Commission.
The Commission, after formal review, shall make recommendation to
the Village Board of Trustees for approval or denial of the application.
