[HISTORY: Adopted by the Town Board of the Town of Frankfort
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-13-2008 by L.L. No. 1-2008]
The purpose and intent of establishing a Wellhead Protection
Overlay District is to facilitate the adequate provision of water
through the elimination or prevention of groundwater contamination
in the vicinity of public drinking water supply well(s) operated by
the Village of Frankfort.
This article shall be known and may be cited as the "Wellhead
Protection Law of the Town of Frankfort."
A.
There is hereby established within the Town of Frankfort, a Wellhead
Protection Overlay District (WHP Overlay). The boundaries of this
district are contained on a map entitled the Wellhead Protection Overlay
District Map, Town of Frankfort, New York and filed with the Town
Clerk.[1]
[1]
Editor's Note: A copy of said map is included at the end of this chapter.
B.
The Wellhead Protection Overlay District (WHP Overlay) in the Town
consists of three zones that are defined on the above-mentioned map.
Zone 1 is the area within 200 feet of the public water supply wells
or within 60 days' groundwater time-of-travel from the supply
wells, whichever is greater. Zone 2, the zone of contribution, is
the remainder of the sand and gravel aquifer in the Town that contributes
groundwater to the public water supply wells. Zone 3, the tributary
watershed zone, are those non-aquifer areas that contribute surface
water runoff to Zones 1 and 2. These zones have been defined as part
of the Village of Frankfort Wellhead Protection Plan prepared by the
New York Rural Water Association, a copy of which is filed with the
Town Clerk.
The Wellhead Protection Overlay District shall be considered
as overlaying other existing districts as shown on the Zoning Map.[1] Any uses not permitted in the underlying district shall
not be permitted in the Wellhead Protection Overlay District. Any
uses permitted in the underlying district shall be permitted in the
Wellhead Protection Overlay District, except where the overlay district
prohibits or imposes greater or additional restrictions and requirements.
In any cases where conflicts arise between these requirements and
any other existing regulations, the more restrictive regulations shall
apply.
[1]
Editor's Note: The Zoning Map is on file in the Town
offices.
For the purposes of interpreting these rules and regulations,
the following definitions shall be controlling:
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 NYS Agriculture and Markets Law § 301,
Subdivision 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.
A lot or facility (other than an aquatic animal production
facility) where animals have been, are, or will be stabled or confined
and fed or maintained for a total of 45 days or more in any twelve-month
period, and the animal confinement areas do not sustain crops, vegetation,
forage growth, or post-harvest residues in the normal growing season.
A geologic formation, group of formations, or part of a formation
that contains sufficient saturated permeable material to yield adequate
quantities of groundwater to wells.
An animal feeding operation that would be required to obtain
a State Pollution Discharge Elimination System (SPDES) General Permit
based upon the numbers and types of animals and/or method of animal
waste discharge.
The degradation of natural water quality as a result of human
activities to the extent that its usefulness is impaired.
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 eight percent
of the mixture. Bulk quantity of deicing compounds means any quantity,
but does not include any chloride compounds in a solid form which
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 which 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 its 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 which
is discharged to the home plumbing system.
The solid, semisolid, or liquid waste generated from a waste
processing facility, but does not include the liquid stream of effluent.
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 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).
The following activities are regulated in order to safeguard
groundwater resources that serve as public drinking water supplies:
A.
Prohibited activities in Zones 1 and 2 of the Wellhead Protection
Area. The following activities are specifically prohibited in both
zones of the Wellhead Protection Overlay District in the Village of
Frankfort:
(1)
On-site disposal of solid waste, pathological or medical waste, petroleum,
radioactive material, hazardous substances, hazardous waste, or process
wastes, including aqueous-carried waste (except for sewage, animal
manure and associated bedding material, and agricultural use of food
processing wastes where the waste is applied at or below agronomic
rates).
(2)
Surface land application of septage, sewage, sludge, or human excreta.
(3)
Stockpiling or storage of manure in excess of 20 cubic yards except
for the primary purpose of agricultural use. Manure stored for agricultural
use shall be covered with waterproof material to minimize leachate
generation.
(4)
Construction of a concentrated animal feeding operation.
(5)
Disposal of snow or sand that contains deicing compounds and that
has been transported from areas outside the Wellhead Protection Overlay
District.
(6)
Stockpiling or storage of coal, deicing compounds, hazardous substances,
or hazardous waste, except in structures designed to prevent contact
with precipitation and constructed on low-permeability pads.
(7)
External stockpiling or storage of inoperative, unlicensed, and/or
uninsured motor vehicles.
(8)
Construction of municipal or industrial sewage treatment facilities
with disposal of primary or secondary effluent.
(9)
Establishment and/or operation of any solid waste management facility
or hazardous waste treatment, storage, or disposal facility, including
but not limited to landfills, junkyards, transfer stations, radiological
waste facility, pathological or medical waste facility, or hazardous
waste treatment, storage, or disposal facility.
B.
Additional prohibitions in Zone 1. In addition to the above-mentioned
activities that are prohibited in the Wellhead Protection Area, the
following activities are also specifically prohibited in Zone 1 of
the Wellhead Protection Area in order to protect public health and
safety:
(1)
On-site storage or disposal of sewage, septage, sludge, or human
excreta.
(2)
Land application, stockpiling, or storage of animal manure, animal
remains, or fertilizers.
(3)
Keeping or grazing of livestock.
(4)
Generation or storage of hazardous waste, hazardous substances, pathogenic
waste, solid waste, radioactive material, or process wastes except
as necessary for the provision of drinking water or at a facility
that is physically constructed, functioning and operational prior
to the effective date of this article.
(5)
Disposal of snow or sand that contains deicing compounds.
C.
Additional stipulation. The Village of Frankfort acknowledges that,
at least in part, the Town's water infrastructure has been built
pursuant to limitations in state law, and with certain grant funds
that limit the allowed uses of the benefited property. Notwithstanding
any other provision in this agreement, so that the Town may carry
out its obligations under state law and grant contracts, no service
shall be provided by the village to any property in the Town outside
the village without prior written permission of the Town by the Town
Board of Frankfort.
