[HISTORY: Adopted by the Town Board of the Town of Greenport 3-2-2005 by L.L. No.
1-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 118.
This chapter shall be known as the "Public Water Supply Protection
Local Law."
The Town of Greenport Water District No. 1 relies upon groundwater
resources for its source of supply. Contamination of groundwater as
well as surface water can and does occur as a consequence of a variety
of activities taking place on or below the land surface. As a public
supplier, the Town of Greenport has the responsibility to protect
the health and safety of its residents. Therefore, it is the intent
of the Town Board of the Town of Greenport to preserve and protect
the quality of our water resources to ensure a continued safe, adequate,
and usable supply, now and in the future.
A.
For the purpose of this chapter, there is hereby established a source
water protection area in the Town of Greenport that is depicted on
a map entitled "Town of Greenport source water protection area Map."
This map is hereby adopted and declared to be a part of this chapter
and is filed at the Town Hall, Town Hall Drive, Hudson, New York 12534.
B.
The source water protection area, delineated with the assistance
of the New York Rural Water Association, consists of the area that
supplies water to the public water supply wells currently utilized
by the Greenport Water District No. 1 in the Town of Greenport.
C.
The source water protection area is comprised of two parts; the aquifer
contribution area and the tributary watershed area. The aquifer contribution
area consists of the Kashaway Creek aquifer that contributes groundwater
to the present public water supply wells of the Town of Greenport
Water District No. 1. The tributary watershed area is nonaquifer areas
that supply surface water runoff to the aquifer contribution area.
Whenever the requirements of this chapter are inconsistent with
the requirements of any other lawfully adopted rules, regulations
or ordinances, the most restrictive or that imposing the higher standards
shall govern.
As used in this chapter, the following terms shall have the
meanings indicated:
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a commercial horse-boarding
operation as defined by New York State Agriculture and Markets Law
§ 301(11).
The rate of nitrogen addition designed to provide the amount
of nitrogen needed by the crop or vegetation grown on the land, and
to minimize the amount of nitrogen that passes below the root zone
of the crop or vegetation grown on the land to groundwater.
The degradation of natural water quality as a result of human
activities to the extent that its usefulness is impaired.
A specific geographic area designated by a state or local
agency, having exceptional or unique environmental characteristics.
Any bulk quantities of chloride compounds and/or other deicing
compounds (e.g., urea or calcium magnesium acetate) intended for application
to roads, including mixtures of sand and chloride compounds in any
proportion where the chloride compounds constitute over 8% of the
mixture. Bulk quantity of deicing compounds means any quantity, but
does not include any chloride compounds in a solid form that are packaged
in waterproof bags or containers which do not exceed 100 pounds each.
The abandonment, discharge, deposit, injection, dumping,
spilling, leaking, or placing by any other means of any solid waste,
petroleum, radioactive material, hazardous substance, hazardous waste,
or aqueous carried waste into or onto land or a surface water body.
Any commercially produced mixture generally containing phosphorous,
nitrogen, and potassium that is applied to the ground to increase
nutrients from plants.
Water below the land surface in a saturated zone of soil
or rock. This includes perched water separated from the main body
of groundwater by an unsaturated zone.
Any substance listed as a hazardous substance in 6 NYCRR
Part 597, Hazardous Substance List, or a mixture thereof. In general,
a hazardous substance means any substance which:
Because of its quantity, concentration, or physical, chemical,
or infectious characteristics poses a significant hazard to human
health or safety if improperly treated, stored, transported, disposed
of, or otherwise managed;
Poses a present or potential hazard to the environment when
improperly treated, stored, transported, disposed of, or otherwise
managed;
Because of it toxicity or concentration within biological chains,
presents a demonstrated threat to biological life cycles when released
into the environment.
A waste, or combination of wastes, which are identified or
listed as hazardous pursuant to 6 NYCRR Part 371, Identification and
Listing of Hazardous Wastes. Hazardous wastes include but are not
limited to petroleum products, organic chemical solvents, heavy metal
sludges, acids with a pH less than or equal to 2.0, alkalies with
a pH greater than or equal to 12.5, radioactive substances, pathological
or infectious wastes, or any material exhibiting the characteristics
of ignitability, corrosivity, reactivity, or fails the Toxicity Characteristic
Leaching Procedure (TCLP).
Animal feces and urine.
Any petroleum-based oil of any kind which is liquid at 20°
C. under atmospheric pressure and has been refined, re-refined, or
otherwise processed for the purpose of:
Any waste generated by industrial, commercial, or mining
operations that by virtue of some use, process, or procedure no longer
meets the manufacturer's original product specifications.
Any material in any form that emits radiation spontaneously,
excluding those radioactive materials or devices containing radioactive
materials which are exempt from licensing and regulatory control pursuant
to regulations of the New York State Department of Labor or the United
States Nuclear Regulatory Commission.
The contents of a septic tank, cesspool, or other individual
wastewater treatment work which receives domestic sewage wastes.
The combination of human and household waste with water that
is discharged to the home plumbing system.
Material as defined in 6 NYCRR Part 360, including any garbage,
refuse, sludge from a wastewater treatment plant, water supply treatment
plant, or air pollution control facility and other discarded materials,
including solid, liquid, semisolid, or contained gaseous material,
resulting from industrial, commercial, mining and agricultural operations,
and from community activities, but not including solid or dissolved
materials in domestic sewage, or solid or dissolved materials in irrigation
return flows or industrial discharges that are point sources subject
to permit. Discarded materials that are being beneficially used pursuant
to 6 NYCRR Part 360-1.15 are not considered solid waste.
The solid, semisolid, or liquid waste generated from a waste
processing facility, but does not include the liquid stream of effluent.
The surface and subsurface area surrounding a well or group
of wells through which contaminants are reasonably likely to move
toward and reach the water well(s).
Lakes, bays, sounds, ponds, impounding reservoirs, and rivers,
streams, creeks, wetlands, and marshes, and all other perennial bodies
of surface water, natural or artificial.
An action or class of actions identified in 6 NYCRR Part
617.4, or in any involved agency's procedures adopted pursuant
to 6 NYCRR Part 617.14.
All actions not identified as a Type I or Type II action
in 6 NYCRR Part 617.4 or, in the case of a particular agency action,
not identified as a Type I or Type II action in the agency's
own SEQR procedures.
A visible path through which surface water travels on a regular
basis. Drainage areas that contain water only during and immediately
after a rainstorm shall not be considered a watercourse.
An area(s) of marshes or swamps which have been designated
as such by the New York State Department of Environmental Conservation
or other agency having jurisdiction. Marshes and swamps that have
not been classified by an agency as wetland shall not be treated as
a wetland.
A.
The on-site disposal of solid waste, pathological or medical waste,
petroleum, radioactive material, hazardous substances, hazardous waste,
or process wastes is prohibited within the source water protection
area. The exception is the application of animal manure, associated
bedding material, and food processing wastes for agricultural use.
Such materials must be applied at or below agronomic rates.
B.
The surface land application of septage, sewage, sludge, or human
excreta is prohibited in the source water protection area except where
permitted by New York State Department of Environmental Conservation
(NYSDEC) for agricultural use. Where such application is permitted,
the landowner shall provide to the Town of Greenport a copy of all
correspondence between the landowner/applicant and the applicable
federal, state or local regulatory agencies and a copy of all applicable
federal, state and local permits.
C.
Emptying, discharging or transferring the contents of a sewage vault
or other sewage receptacle into any watercourse, surface water, or
wetland in the source water protection area is prohibited.
D.
The disposal of septage, sewage, human excreta or other liquid wastes
is prohibited within 100 feet of the mean high water mark of any watercourse,
surface water, or wetland or within 200 feet of a public water supply
well operated by the Town of Greenport within the source water protection
area. The exception is if such disposal is necessary for the continuation
of an existing business or residence.
E.
Disposal of primary or secondary effluent from a municipal or industrial
sewage treatment facility is prohibited in the source water protection
area.
F.
The disposal of snow containing deicing compounds is prohibited within
100 feet of a watercourse, surface water, or a wetland or within 200
feet of a public water supply well operated by the Town of Greenport
within the source water protection area.
G.
Discharge from the washing of posticide and/or fertilizer application
equipment into any watercourse, surface water, or wetland is prohibited
within the source water protection area.
A.
The stockpiling or storage of coal and deicing compounds, hazardous
substances, or hazardous waste is prohibited in the source water protection
area, except where such storage occurs in structures designed to prevent
contact with precipitation and are constructed on low-permeability
pads.
B.
The stockpiling or storage of fertilizers is prohibited in the source
water protection area except in containers or structures designed
to prevent contact with precipitation.
C.
The storage of manure is prohibited in the source water protection
area, except in conjunction with agricultural or residential activities.
D.
The storage of petroleum is prohibited within 100 feet of the mean
high water mark of any watercourse, surface water, or wetland or within
200 feet of a public water supply well operated by the Town of Greenport
within the source water protection area. The exception is if such
storage is necessary for the continuation of an existing business
or residence or for the adequate provision of drinking water.
E.
Whenever mandatory notification to the NYSDEC is required regarding
petroleum, hazardous substances, or hazardous waste inventory monitoring,
leak detection test reports, or discovery of a leak, etc., notification
to the Town of Greenport is also required. This notification shall
be made at the same time notification to the NYSDEC is made. All permit
applications for the installation of new or the modification of existing
facilities shall be forwarded to Town of Greenport for review and
comment.
Any person who is responsible for or has knowledge of any spill
of any hazardous substance, hazardous waste, petroleum, radioactive
material, or other materials that could pose a threat to water quality
to the land surface, subsurface, surface water, or ground water within
the source water protection area of the Town of Greenport shall notify
the NYSDEC and the Town of Greenport within two hours of such spill,
or when knowledge of such spill is obtained.
A.
The Town Code Enforcement Officer or his duly authorized representative
may, at a reasonable time and in a reasonable manner, enter and inspect
any place or facility in the source water protection area to ascertain
compliance with this chapter and other applicable provision of law.
B.
No person shall refuse entry to the Town Code Enforcement Officer
or his designee or other Town officer attempting to enter any premises
for the purpose of inspection. Such entry shall be permitted not only
to areas open to the public but also to all other areas, provided
that no employee shall be required to accompany any officer in any
area that the employee deems to be dangerous, if the employee tells
the inspector or officer that the area is, in the employee's
opinion, dangerous.
C.
Facility inventory records and previous leak detection reports shall
also be made available to the Town Code Enforcement Officer or his
duly authorized representative upon request.
A.
Any person violating any of the provisions of this chapter may, upon
conviction, be penalized by a fine not exceeding $1,000. A second
or subsequent violation of this chapter may, upon conviction, subject
such violator to a fine not exceeding $2,000, imprisonment not exceeding
15 days, or both. Each day such violation shall continue shall constitute
a separate violation.
B.
Any person who violates this chapter shall be liable to the Town
for any expense, loss or damage, including damage to the environment
resulting from such violation and shall be required, at the violator's
sole expense, to remedy any effects of the violation on surrounding
or adjacent properties or water resources.
C.
Should the Town deem it necessary for the protection of the health
and well-being of its inhabitants, any legally authorized representative(s)
of the Town may enter upon the premises or land of any person or legal
entity in violation of this chapter or suspected to be in violation
of this chapter for purposes of monitoring, cleanup, and controlling
in any way necessary any existing or potential threat to the Town's
water resources located on or beneath such premises or land. The expenses
and costs associated with said monitoring, cleanup and/or control
shall be assessed against the offending person, person holding title,
owner and/or occupant of said premises or land and/or shall be assessed
against the real property and shall constitute a lien and charge against
said real property until fully and completely discharged.
D.
The Town of Greenport may also maintain an action or proceeding in
a court of competent jurisdiction to compel compliance with or restrain
by injunction the violation of the provisions of this chapter.
The Town of Greenport source water protection area is hereby
designated the Town of Greenport source water protection critical
environmental area (CEA) pursuant to 6 NYCRR Part 617 (State Environmental
Quality Review). The potential impact of any Type I or unlisted action
on the environmental characteristics of the CEA is a relevant area
of environmental concern and must be evaluated in the determination
of significance prepared pursuant to 6 NYCRR Part 617.7. The Town
of Greenport Source Water Protection Critical Environmental Area for
the Town of Greenport has an exceptional and unique character due
to its inherent sensitivity to change and due to its critical importance
as an invaluable resource as a critical supply of public water to
the residents of the Town of Greenport.
