[HISTORY: Adopted by the Albany County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 6-11-2015 by L.L. No. 3-2015]
This article shall be known as the "Drinking Water Protection
Law."
A.
The Albany County Legislature hereby finds and determines that the
County must protect surface water and groundwater within its borders,
particularly surface water and groundwater used for drinking water.
B.
The Albany County Legislature hereby further finds that recent disclosures
regarding the possible contamination and/or the reduction in volume/yield
of well-water throughout parts of the County of Albany may result
from industrial activities, including blasting, and raise concerns
that unsuspecting residents in Albany County utilizing private water
systems may be endangered unless well-water sampling and analysis
is completed in order to identify areas of water contamination and/or
a reduction in water volume/yield.
C.
The purpose of this article is to protect public health and safety
by requiring the completion of well-water sampling and analysis prior,
and subsequent, to any blasting within Albany County that may affect
the quality or volume/yield of surface water and groundwater drinking
water supplies within a one-mile radius of the blasting location.
As used in this article, the following terms shall have the
meanings indicated:
The rapid release of heat and large quantities of high-pressure
gases that expand rapidly with sufficient force to overcome confining
forces resulting from the very rapid decomposition of a chemical compound
or mixture initiated by heat, shock, impact, friction, or a combination
of these conditions.
Consists of all properties within a one-mile radius of a
blast.
A person licensed as such by the New York State Department
of Labor.
A person, a corporation or other legal business entity that
blasts or engages a blaster to blast either on its own behalf or on
behalf of another person, corporation or other entity within Albany
County.
A written notice in which blast information is provided by
the blaster or blasting entity, to include, but not be limited to,
the following: the blasting area, the date(s) and time(s) of the blasting,
how access to the blasting area will be controlled and the types and
patterns of blast warnings and signals that will be used.
Any person, corporation or other legal business entity certified
by the New York State Department of Health and approved and designated
by the Albany County Department of Health to conduct pre-blast and
post-blast water quality sampling, analysis and reporting on same
for residents in Albany County.
As defined in the Albany County Department of Health's promulgated rules and regulations pursuant to § 297-6 of this article, with that definition encompassing, at a minimum, the presence of any "hazardous substance," as that term is defined in the rules and regulations of the New York State Department of Environmental Conservation and, in the case of a well providing drinking water, the recharge rate and turbidity of any such well.
As defined in the Albany County Department of Health's promulgated rules and regulations pursuant to § 297-6 of this article.
As defined in the Albany County Department of Health's promulgated rules and regulations pursuant to § 297-6 of this article.
Any property owner within Albany County.
As defined in the Albany County Department of Health's promulgated rules and regulations pursuant to § 297-6 of this article.
A.
Responsibilities of blaster.
(1)
Blasting schedule. Any blaster or blasting entity who or which intends
to blast within Albany County shall publish a blasting notification
in newspapers that have general circulation within Albany County at
least 60 days in advance of the blasting. Additionally, a copy of
the schedule shall also be sent by United States certified mail to
the Commissioner, Albany County Department of Health, and to all residents
within the blast effect area at least 60 days in advance of the blasting.
(a)
The schedule shall include the following information:
[1]
The specific location of the blast;
[2]
The date and time when each blast will occur;
[3]
A description detailing how access to the blast effect area will
be controlled to prevent property damage and personal injury; and
[4]
The types and patterns of blast warnings and of signals that blasting
has been completed and passage through the blast effect area is safe.
(2)
Pre-blast private drinking water supply sampling and analysis. Any blaster or blasting entity who or which intends to blast within Albany County shall notify residents within the blast effect area of its intention in writing, by United States certified mail, at least 60 days before any blasting occurs. The Albany County Department of Health shall provide a full description of the content required for the mailed notification in its rules and regulations promulgated pursuant to § 297-6 of this article. The blaster or blasting entity will, at a minimum, include the following information in its mailed notification to residents within the blast effect area:
(a)
An offer to provide free of charge to any resident and at the blaster's
or blasting entity's expense pre-blast private drinking water supply
sampling and analysis conducted and reported by an independent provider;
(b)
Contact information in order to schedule the pre-blast private drinking
water supply sampling and analysis; and
(c)
That a report detailing the results of the pre-blast private drinking
water supply sampling and analysis shall be provided to the Albany
County Department of Health and to the resident within 30 days of
completion of the sampling and analysis.
B.
Residents within the blast effect area who require guidance regarding
the pre-blast private drinking water supply sampling and analysis
may contact the Albany County Health Department at the following address,
telephone number and facsimile number:
|
Albany County Department of Health
175 Green Street
Albany, New York 12202
Telephone: (518) 447-4580
Fax: (518) 447-4698
|
Records of all blasts must be maintained by the blasters or
blasting entities for a period of at least five years from the date
of a blast, or the date of the last blast, if more than one blast
occurs in a blasting program. These records shall be made available
for inspection upon written request by, and at no cost to, the public.
The Albany County Health Commissioner is authorized to promulgate rules and regulations and take any and all other reasonable actions necessary to implement and enforce this article. In addition, the Commissioner is expressly delegated the authority to promulgate and adopt rules and regulations that make §§ 297-4, 297-7, 297-8 and 297-9 of this article applicable to public drinking water supplies. Any rules and regulations so promulgated shall be made available on the County of Albany website in a manner approved by the Commissioner.
Blasters or blasting entities shall be responsible for the reasonable costs of the pre-blast private drinking water supply sampling and analysis requested by residents and conducted by the independent provider pursuant to § 297-4.
A.
Formal complaints. Residents within the blast effect area who suspect
post-blast private drinking water supply contamination or a reduction
in water volume/yield may file a formal complaint with the Albany
County Health Department within six months of the date of a blast,
or the date of the last blast, if more than one blast occurs in a
blasting program.
B.
Investigation. The Albany County Health Department Commissioner is
authorized to initiate an investigation upon receipt of a formal complaint
from a resident within the blast effect area and take any and all
reasonable suppression, abatement and remediation actions that the
Commissioner deems necessary and proper to protect an individual or
public health and safety. Blasters or blasting entities shall make
their blast records available to the Albany County Department of Health
for any resident who has filed a formal complaint.
C.
Responsibilities of blaster or blasting entity. Upon receipt of a
formal complaint from a resident within the blast effect area, the
Albany County Department of Health may require the blaster and/or
blasting entity to pay for post-blast private drinking water supply
sampling and analysis to be performed within 30 days of the request
date, and reported, by an independent provider. The report detailing
the results of the post-blast private drinking water supply sampling
and analysis shall be provided to the Albany County Department of
Health and to the resident within 30 days of completion of the sampling
and analysis.
A.
Civil penalty for lack of notice. If the Albany County Department of Health finds and determines that any blaster or blasting entity failed to meet the pre-blast notification requirements in § 297-4 of this article and as further described in the Albany County Department of Health rules and regulations promulgated under § 297-6 of this article, such violation shall be punishable by a civil penalty not to exceed $15,000 per violation.
B.
Civil penalty for water contamination and/or volume/yield reduction.
(1)
No blaster or blasting entity shall conduct a blast that reduces
the quality of a drinking water supply, results in the presence in
a drinking water supply of any hazardous substance, as that term is
defined in the rules and regulations of the New York State Department
of Environmental Conservation, or which shall increase the turbidity
of such drinking water supply.
(2)
No blaster or blasting entity shall conduct a blast that results
in the recharge rate in any well used for drinking water by a resident
to decrease.
(3)
Unless proven otherwise by clear and convincing evidence, a blast
shall be considered the cause of the presence in a drinking water
supply of any hazardous substance, as that term is defined in the
rules and regulations of the New York State Department of Environmental
Conservation and, in the case of a well providing drinking water,
the cause of any reduction in the recharge rate of any such well;
or an increase in the turbidity of such drinking water supply.
(4)
After an investigation and upon a finding by the Albany County Department
of Health that any blaster or blasting entity caused by its blasting
contamination of a resident's drinking water, a functional reduction
in the recharge rate/yield of a groundwater well supplying drinking
water to a resident, or an increase in the turbidity of such drinking
water supply, such violation shall be punishable by a civil penalty
not to exceed $15,000 per violation. In addition, the blaster shall
be required to abate each violation and provide alternate water supplies
to an affected resident at the blaster's expense until the contamination
or turbidity is fully abated and the recharge rate is restored to
pre-blast conditions.
C.
Civil penalties collected by the Albany County Department of Health
under this article may be used for abatement purposes for any wells
used to provide drinking water to residents within the County that
have been compromised as a result of blasting.
D.
Nothing contained herein shall be construed to prevent or prohibit
the commencement of any civil or administrative action or proceeding
to enjoin any conduct constituting a violation hereof or to recover
any penalty therefor or any damages occasioned thereby.
The Commissioner of Health may, in his/her absolute discretion,
suspend or modify the requirements of this article:
This article shall not apply to:
If any part or provision of this article is inconsistent with
any federal or state statute, law, rule or regulation, then such statute,
law, rule or regulation shall prevail. If any part or provision of this
article or the application thereof to any person or circumstance be
adjudged invalid by a court of competent jurisdiction, such judgment
shall be confined in its operation to the part or provision of or
application directly involved in the controversy in which such judgment
shall have been rendered and shall not affect or impair the validity
of the remainder of this article, or the application thereof to other
persons or circumstances.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this article,
or in the event that a pertinent state or federal administrative agency
issues and promulgates regulations preempting such action by the County
of Albany. The Albany County Legislature may determine via resolution
whether or not identical or substantially similar statewide legislation
has been enacted for the purposes of triggering the provisions of
this section.
[Adopted 10-13-2015 by L.L. No. 6-2015]
This article shall be known as the "Public Drinking Water Protection
Law."
A.
The Albany County Legislature hereby finds and determines that public
water systems are sourced from streams, rivers, lakes and reservoirs.
Certain industrial activities, including blasting, pose a potential
threat to public drinking water supplies. Residents are at a high
risk of developing significant health issues from ingestion and exposure
to contaminated drinking water, including gastrointestinal illness,
reproductive problems and neurological disorders. Infants, young children,
pregnant women, the elderly and immunocompromised persons may be especially
at risk for becoming ill after drinking contaminated water.
B.
The Albany County Legislature hereby further finds and determines
that the Safe Drinking Water Act (SDWA) ensures the quality of drinking
water in the United States. Under SDWA, the U.S. Environmental Protection
Agency (EPA) has established National Primary Drinking Water Regulations
(NPDWRs or "primary standards") that set mandatory water quality standards
for drinking water contaminants to protect the public against consumption
of drinking water contaminants that present a risk to human health
by limiting the levels of contaminants in drinking water. The EPA
also oversees the states, localities and water suppliers who implement
those standards.
C.
The Albany County Legislature hereby further finds and determines
that municipalities play a crucial role in managing activities that
affect source water quality and availability.
D.
The purpose of this article is to protect public health and safety
by requiring blasting entities, as part of their best management practices,
to notify municipalities located within Albany County prior to any
blasting if such blasting occurs within a two-mile radius of a municipal
water source.
As used in this article, the following terms shall have the
meanings indicated:
The rapid release of heat and large quantities of high-pressure
gases that expand rapidly with sufficient force to overcome confining
forces resulting from the very rapid decomposition of a chemical compound
or mixture initiated by heat, shock, impact, friction, or a combination
of these conditions.
Refers to the area within a two-mile radius of a blast.
A person licensed as such by the New York State Department
of Labor.
A person, a corporation or other legal business entity that
blasts or engages a blaster to blast either on its own behalf or on
behalf of another person, corporation or other entity within Albany
County.
A written notice in which blast information is provided by
the blaster or blasting entity, to include, but not be limited to,
the following: the blasting area, the date(s) and time(s) of the blasting,
how access to the blasting area will be controlled and the types and
patterns of blast warnings and signals that will be used.
Any facility that treats and provides public drinking water
through a public water system.
Any reservoir or well located within Albany County which
serves as a source of public drinking water supply for Albany County
residents.
A system for the provision of water to the public for human
consumption through pipes or other constructed conveyances, if such
system has at least 15 service connections or regularly serves an
average of at least 25 individuals daily at least 60 days out of the
year, as defined in the National Primary Drinking Water Regulations.
As defined in the Albany County Department of Health's promulgated rules and regulations pursuant to § 297-19 of this article, and shall reference the list of contaminants and their maximum contaminant levels (MCLs) set by the National Primary Drinking Water Regulations.
A.
Blasting schedule. Any blaster or blasting entity who or which intends
to blast within Albany County shall notify, by United States certified
mail, the governing body of a municipality, prior to any blasting,
if such blasting occurs within a two-mile radius of a municipal reservoir
or well providing drinking water to residents of such municipality.
Such notification shall occur at least 60 days in advance of the blast
date. Additionally, a copy of the blast schedule shall be sent by
United States certified mail to the Commissioner, Albany County Department
of Health. The notification shall include the following information:
(1)
The specific location of the blast;
(2)
The date and time the blast is scheduled to occur;
(3)
A description detailing how access to the blast effect area will
be controlled to prevent property damage and personal injury; and
(4)
The types and patterns of blast warnings and of signals that blasting
has been completed and passage through the blast effect area is safe.
B.
Additionally, at least 60 days in advance of the blast date, any blaster or blasting entity must contact the New York State Department of Environmental Conservation and the governing bodies of all municipalities within the blast effect area and inquire whether there are any known or suspected subsurface contaminants within the blast effect area. If there are any known or suspected areas of contamination, then the blaster shall disclose the same to the Albany County Department of Health, which is authorized to require an investigation to be conducted at the blaster's expense to confirm the nature and extent of such contamination. If any such contamination is confirmed to exist within the blast effect area, then the blaster shall be obligated, prior to the start of blasting, to remediate the same to the satisfaction of the Albany County Department of Health. Pursuant to § 297-19 of this article, the Albany County Department of Health is permitted to promulgate regulations that supplement this list and the requirements of this section. If after such investigation the blaster chooses not to proceed with blasting within two miles of the contaminated area, then it will not be obligated to remediate the same.
Records of all blasts must be maintained by the blasters or
blasting entities for a period of at least five years from the date
of a blast, or the date of the last blast, if more than one blast
occurs in a blasting program. These records shall be made available
for inspection upon written request by, and at no cost to, the public.
The Albany County Health Commissioner is authorized to promulgate
rules and regulations and take any and all other reasonable actions
necessary to implement and enforce this article. Any rules and regulations
so promulgated shall be made available on the County of Albany website
in a manner approved by the Commissioner.
A.
Civil penalty for lack of notice. If the Albany County Department of Health finds and determines that any blaster or blasting entity failed to meet the pre-blast notification requirements in § 297-17 of this article and as further described in the Albany County Department of Health rules and regulations promulgated under § 297-19 of this article, such violation shall be punishable by a civil penalty not to exceed $15,000 per violation.
B.
Rebuttable presumption. Increased levels of contaminants above maximum
acceptable contaminant levels set by the National Primary Drinking
Water Regulations, when detected at any municipal reservoir, municipal
well or any municipal filtration plant(s) sourced by such reservoir
or well, within six months of blasting activity(ies) shall, unless
proven otherwise by clear and convincing evidence, be attributable
to said blasting activity, if the blast effect area is within two
miles of such municipal reservoir or well.
C.
The blasting entity will be liable for all reasonable costs incurred
in remediating and restoring any public water supply to its pre-blast
condition.
D.
Nothing contained herein shall be construed to prevent or prohibit
the commencement of any civil or administrative action or proceeding
to enjoin any conduct constituting a violation hereof or to recover
any penalty therefor or any damages occasioned thereby.
E.
The Health Commissioner may, in his/her absolute discretion, require
the posting of a bond or other security in an amount deemed adequate
to guarantee sufficient funds are available to remediate, as set forth
above.
The Commissioner of Health may, in his/her absolute discretion,
suspend or modify the requirements of this article:
This article shall not apply to:
If any part or provision of this article is inconstant with
any federal or state statute, law, rule or regulation, then such statute,
law, rule or regulation shall prevail. If any part or provision of this
article or the application thereof to any person or circumstance be
adjudged invalid by a court of competent jurisdiction, such judgment
shall be confined in its operation to the part or provision of or
application directly involved in the controversy in which such judgment
shall have been rendered and shall not affect or impair the validity
of the remainder of this article, or the application thereof to other
persons or circumstances.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this article,
or in the event that a pertinent state or federal administrative agency
issues and promulgates regulations preempting such action by the County
of Albany. The Albany County Legislature may determine via resolution
whether or not identical or substantially similar statewide legislation
has been enacted for the purposes of triggering the provisions of
this section.
