No person, including state agencies or political subdivisions
having jurisdiction, shall perform any act or grant any permit or
approval which may result in the contravention of the standards for
raw water quality as contained in Part 170 of Title 10 (Department
of Health) of the Official Compilation of Codes, Rules and Regulations
of the State of New York (10 NYCRR Part 170).
The following shall be prohibited or restricted within Zone
1, 2 and/or 3:
A. Cemeteries. No interment of a human body shall be made within Zone
3.
B. Chloride salt. No chloride salt shall be stored within Zone 3 in
excess of 50 pounds, except in a weatherproof building with an impervious
floor or an aboveground, watertight vessel with a one-hundred-percent
product-tight containment system, and by permit only. Household use
is exempt.
C. Herbicides, pesticides and biocides. No pesticides, herbicides, or
biocides, including such chemicals that may be used in well hydrofracturing
fluids, shall be stored underground or aboveground within Zone 3 except
for aboveground, product-tight containers for household use and retail
sales, provided that they are stored in a weatherproof building. No
pesticides, herbicides or biocides, including such chemicals that
may be used in well hydrofracturing fluids, shall be discharged within
Zone 3 except for household aerial discharge.
D. Human excreta and sewage. No privy, privy vault, pit or other receptacle
of any kind for either the temporary storage or permanent deposit
of human excreta or sewage shall be constructed, located, placed or
maintained within Zone 2 (within 300 feet of a wellhead). No sewage
or polluted liquid of any kind shall be discharged or allowed to flow
on or beneath the surface of the ground within Zone 2 except in watertight
pipes connected to a sewage treatment plant for which a permit has
been granted by the appropriate state agency having jurisdiction over
such facility. No such watertight pipe shall be located within a twenty-five-foot
linear distance of the wells. Exception to the above shall be made
for existing residential septic systems and municipal temporary storage
vaults serving recreational facility toilets where no sanitary sewers
are available, provided that these facilities are not within Zone
1 (within 100 feet of a wellhead). Properties within Zone 2 that do
not have a sanitary sewer available and are operating with a septic
system shall be given priority for construction of sanitary sewers
when declared a health hazard by the Tioga County Health Department.
E. Radioactive material. No radioactive materials, including those that
may be brought to the surface as a result of well drilling and hydrofracturing
processes, shall be disposed of by burial in soil or held within surface-retention
ponds, troughs, ditches, or any such open containment/storage system,
lined or unlined, within Zone 3.
F. Heavy metals. No materials containing heavy metals, including those
that may be brought to the surface as a result of well drilling and
hydrofracturing processes, shall be disposed of by burial in soil
or held within surface-retention ponds, troughs, ditches, or any such
open containment/storage system, lined or unlined, within Zone 3.
G. Well hydrofracturing and drilling backflow material. No backflow
materials, including those that may be brought to the surface as a
result of well drilling and hydrofracturing processes, shall be disposed
of by burial in soil or held within surface-retention ponds, pits,
troughs, ditches, or any such open containment/storage system, lined
or unlined, within Zone 3.
H. Sewage sludge or septage. No sewage sludge or septage shall be disposed
of in any manner, including landspreading of treated sludge or septage
within Zone 3.
I. Solid waste. No junkyard refuse, refuse disposal area or recycling
site shall be located within Zone 3.
J. Toxic chemicals.
(1) No new containers used for the storage of gasoline, kerosene, fuel
oil, diesel oil or toxic chemicals, including those used in the drilling,
hydrofracturing and production lifetimes of any wells, nor these materials
themselves, shall be buried beneath the surface of the ground within
Zone 2, effective immediately.
(2) No new containers used for the storage of gasoline, kerosene, fuel
oil, diesel oil or toxic chemicals, including those used in the drilling,
hydrofracturing and production lifetimes of any wells, nor these materials
themselves, shall be buried beneath the surface of the ground within
Zone 3, effective immediately, except:
(a)
Fuel oil tanks of 550 gallons or less which are used for heating
purposes only.
(b)
New containers which are being installed to replace preexisting
underground storage containers in order to comply with New York State
Department of Environmental Conservation (NYSDEC) and United States
Environmental Protection Agency (USEPA) regulations.
(3) No person shall store above the ground more than 550 gallons of gasoline,
kerosene, fuel oil, diesel oil or toxic chemicals, including those
used in the drilling, hydrofracturing and production lifetimes of
any wells, within Zone 3, effective immediately. The use of surface-retention
ponds, pits, troughs, ditches, or any such open containment/storage
system, lined or unlined, is strictly prohibited.
(4) All preexisting and new underground storage tanks within Zone 3 shall
meet and comply with all current New York State Department of Environmental
Conservation (NYSDEC) and United States Environmental Protection Agency
(USEPA) regulations.
(5) Any leaks found in storage tanks used for the storage of gasoline, kerosene, fuel oil, diesel oil or toxic chemicals, including those used in the drilling, hydrofracturing and production lifetimes of any wells within Zone 3 will constitute a violation of this chapter. Upon notification by the Village of Newark Valley, the owner and/or operator of the storage tank(s) will have 48 hours to remove the storage tank(s) and to excavate the contaminated ground. If this is not accomplished within this time frame, the Village of Newark Valley may proceed against the owner as set forth in §§
164-7 and
164-8 of this chapter.
(6) In the event that tanks are abandoned in accordance with the definition
of "abandoned tanks" herein, the owner and/or lessee of such tanks
will immediately remove the tanks and gasoline pumps, if any, from
the site of the same. In lieu of removing the tanks, said owner and/or
lessee shall remove the contents therefrom and fill all tanks with
water or solid materials. Any tank(s) used in the drilling and hydrofracturing
of any wells in addition to any tanks used during the lifetime of
a well, including but not limited to condensate and separator tanks,
shall be removed when no longer in use.
(7) To assure performance of the foregoing provisions, every applicant
hereafter applying to the Village Board for a permit for a gasoline
service station or any underground injection wells within Zone 3 shall
be required, before constructing, building or operating such gasoline
service station or any underground injection wells, to present the
bond of a reputable insurance company, in an amount to be fixed by
the Village Board, assuring the performance of the foregoing provisions.
K. Trespassing. No trespassing shall occur within the boundaries of
any property posted against trespassing which is owned or occupied
by the Village of Newark Valley or by any agency or special improvement
district, organized under law, within the Village of Newark Valley.
L. Underground injection wells. 40 CFR 144.12(a) states that no owner or operator shall conduct any injection activity in a manner that allows the movement of any contaminant into underground sources of drinking water if the presence of that contaminant may cause a violation of any primary drinking water regulation under 40 CFR Part 142 or may otherwise adversely affect the health of persons. All existing underground injection wells within Zone 3 shall be closed under a USEPA- and Village-of-Newark-Valley-approved closure plan, or shall obtain a federal underground injection control (UIC) permit within 180 days of the adoption of this chapter. No new underground injection wells shall be allowed within Zone 3 without a federal UIC permit and by approved permit (per Article
III below) issued by the Village of Newark Valley.
(1) No new wells shall be drilled expressly for the purpose of storing
or disposing of waste, drilling and hydrofracturing fluids within
Zone 3.
(2) All wells, when being removed from service at the end of their lifetime,
shall not be used for the purpose of storing or disposing of waste,
drilling and hydrofracturing fluids within Zone 3.
(3) As per the above, all wells being removed from service at the end
of their lifetimes shall be closed under a USEPA- and Village-of-Newark-Valley-approved
closure plan within Zone 3.