[HISTORY: Adopted by the Board of Trustees of the Village
of Bloomfield 10-26-1995 by L.L.
No. 7-1995 (Ch. 132 of the 2016 Code). Amendments
noted where applicable.]
The rules and regulations herein set forth, duly made and enacted
in accordance with the provisions of §§ 1100 through
1107 of the Public Health Law, shall apply to the wells and springs
which comprise the source of the public water supply of the Village
of Bloomfield. Said wells and springs are located on land owned by
the Village of Bloomfield and are situated east of Page Place, west
of Michigan Street and north of West Main Street; and on sites located
on both sides of Oakmount Avenue as shown on Figures 1 through 4 (pages
21 to 24), which are a part of these regulations.[1]
[1]
Editor's Note: Said figures are on file in the Village offices.
As used in this chapter, the following terms shall have the
meanings indicated:
Manure from agricultural industries.
The water-saturated subsurface geologic formations which
are now or may subsequently be developed for use as public water supply
sources.
The land area where precipitation, snow and rain, percolates
directly through the ground to an aquifer and shall be delineated
by the Commissioner of Health. The direct aquifer recharge area shall
also be known as "Zone II-G."
Shall be those methods and practices which are developed
and adopted by the Department of Environmental Conservation to control
nonpoint sources of pollution.
The solid compounds or solutions of potassium chloride (commonly
used as fertilizer), calcium chloride (commonly used for winter road
maintenance) or sodium chloride (commonly used for water-softener
regeneration).
The individual designated by the Bloomfield Village Board of Trustees to enforce Chapter 135, Zoning, and to issue and maintain compliance with all permits and approvals established by said Laws, including LDO permits, within the surveillance zones as defined by these regulations.
The individual appointed by the Governor as the Commissioner
of the New York State Department of Health.
Shall be any receptacle for human excreta and/or kitchen
waste which is a self-contained unit requiring periodic removal of
composted material.
Shall be as defined in 6 NYCRR 617.2(m): a written evaluation
used by an agency to assist it in determining the environmental significance
or nonsignificance of actions as further identified in Part 617.2
of 6 NYCRR regulations.
Shall be any natural or commercially produced material, generally
containing phosphorus, nitrogen and potassium, which is applied to
the ground to increase nutrients to plants.
Shall be any water beneath the land surface in the saturated
zone that is under atmospheric or artesian pressure.
Any substance listed in regulations promulgated under authority
of either the Federal Resource Conservation and Recovery Act (RCRA)[1] or Comprehensive Environmental Response, Compensation
and Liability Act,[2] or the New York State Environmental Conservation Law Articles
40, 27 or 37, and amendments thereto, alone or in combination, including,
but not limited to, petroleum products, organic chemical solvents,
heavy metal sludge, acids with a pH less than or equal to 2, alkalis
with a pH greater than or equal to 12.5, radioactive substances, pathogenic
or infectious wastes or any material exhibiting the characteristics
of ignitability, corrosivity, reactivity; or toxicity characteristic
leaching procedure (TCLP) toxicity.
Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any plant growth, and including
those substances defined as herbicides pursuant to Environmental Conservation
Law § 33-0101.
Human feces and urine.
A lot, or structure, or part thereof, where junk waste, discarded
or salvaged materials, machinery or equipment are stored, bought,
sold; exchanged, sorted, baled, packed, disassembled, handled or abandoned,
including an area where any registered motor vehicle is being held
outside of a completely enclosed building for purposes of disposal,
resale of used parts or reclaiming certain materials such as metal,
glass, fabric and/or the like.
The distribution of municipal or private sources of wastewater
under the jurisdiction of 6 NYCRR 360 by spray irrigation or direct
flow, over the land surface with or without an underdrain system and
point discharge(s).
A permit issued by the Code Enforcement Officer prior to
the commencement of any regulated activity or the issuance of a building
permit in any LDO area within the Village, including the surveillance
zones, as defined by these regulations.
The shortest horizontal distance from the nearest point of
a structure or object to the boundary of any surveillance zone, or
to the high-water mark of a reservoir or to the edge, margin or steep
bank forming the ordinary high-water line of a watercourse.
Animal feces and urine.
Manure obtained from nonagricultural industries.
Pollutants resulting from facilities, systems and activities
which are not specifically covered by effluent permits issued under
Title 8, § 17-0803, of the Environmental Conservation Law.
Any substance so defined or regulated under the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA).[3]
Pollutants resulting from facilities, systems and activities
which are covered and operate under a permit issued pursuant to Title
8, § 17-0803, of the Environmental Conservation Law.
Dredge, spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, chemicals (including petroleum products) biological
materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal and agricultural
materials discharged into water.
Ionizing radiation; that is, any alpha particle, beta particle,
gamma ray, X-ray, neutron, high-speed proton, and any other atomic
particle producing ionization, but shall not mean any sound or radio
wave, or visible, infrared or ultraviolet light.
Any material in any form that emits radiation spontaneously.
Any act or process by which recyclables are separated from
the solid waste stream.
Solid waste (as is further defined in Part 360 of the State
Environmental Conservation Law[4]) that exhibits the potential to be used repeatedly in
place of a virgin material.
A solid waste management facility, other than collection
and transfer vehicles (as is further defined under Part 360 ECU,[5] at which recyclables are separated from the solid waste
stream, or at which previously separated recyclables are collected.
To use recyclables in place of virgin materials in manufacturing
a product.
All putrescible and nonputrescible solid wastes, including
garbage, manure, rubbish, ashes, incinerator residue, street cleaning,
dead animals, offal and solid commercial or industrial wastes.
Land used for the deposition of refuse, except that it shall
not include the land used for the deposition of refuse from a single-family
residence, a member of which is the owner, occupant or lessee of said
land, or any part of a farm on which only animal wastes resulting
from the operation of such farm are deposited.
That residue removed from on-site wastewater disposal systems.
Any liquid or solid waste matter from a municipal or private
system which is normally carried off in sewers or waste pipes.
Any system used for disposing of sewage, including an on-site
disposal system and its septage unit.
As defined in Article 39 of the Environmental Conservation
Law.
The solid residue resulting from a municipal or industrial
process, or wastewater or water treatment which also produces a liquid
stream of effluent.
Any escape of a substance from the containers employed in
storage, transfer, processing or use.
An issue of potable water from the earth, flowing outward
as a stream of water, or the center of location of such an issue,
having been developed or able to be developed for public water supply
by means of infiltration galleries, seepage wells, gravel-packed casings
and similar improvement systems.
The Village of Bloomfield, New York, incorporated under the
laws of New York State. The Village of Bloomfield is the owner and
operator of the public water supply facilities located within the
surveillance zones as described herein and depicted on the maps filed
with the New York State Commissioner of Health, Albany, New York,
and included as a part of these regulations.
A groundwater management zone or a regulated zone as delineated herein; such zones shall be designated Zone I-G, Zone II-G and Zone III-G for groundwater. These zones are depicted on Figures 1 through 4, which are a part of these regulations and which are mapped and included as Limited Development Overlay Districts (LDOs) in Chapter 135, Zoning.
Any compound or material which is, or may be, harmful to
human health as defined by Subdivision 2 of § 4801 of the
New York State Public Health Law.
Any treatment plant, sewer, disposal field, lagoon, pumping
station, septic system, constructed drainage ditch or surface-water-intercepting
ditch, incinerator, area devoted to sanitary landfill, or other works
not specifically mentioned in this definition, installed for the purpose
of treating, neutralizing, stabilizing or disposing of sewage.
The individual designated by the Bloomfield Village Board
of Trustees to be responsible for the operation of the Village's public
water supply system.
The public water supply of the Village of Bloomfield.
Every spring, stream, marsh or channel of water of any kind
which flows or may flow into the Village's water supply.
That land area which contributes surface water to a specific
point or location
The individual designated by the Bloomfield Village Board
of Trustees to prepare an advisory report that interprets and applies
the standards and criteria of these regulations in the review of all
requests for an LDO permit as well as permit applications referred
to the Village for review by other governmental agencies. The inspector
shall also make inspections within the surveillance zones to monitor
compliance with these regulations and to issue notices of violations.
That land area delineated by the Commissioner of Health which,
generally, is the tributary surface from which the aquifer is replenished
by runoff to the direct aquifer recharge area. This shall also be
known as "Zone III-G."
Any present and future artificial excavation used as a source
of public water supply which derives water from the interstices of
the rocks or soils which it penetrates, including bored wells, drilled
wells and driven wells, generally producing potable water and which
is assisted by mechanical pumping. "Wellhead protection area" shall
be the area within a circle which has a radius of 200 feet from the
center of a spring and 500 feet from the center of a well and extended
to include the well cone of depression. This shall also be known as
"Zone I-G."
The wellhead protection areas of the Village's wells and
springs.
The direct aquifer recharge area. Zone II-G shall be the
area which extends outwards from the Village's two wellhead protection
areas (Zone I-G) and which is depicted on the figures included with
these regulations[6] and further described as follows:
From a point of beginning, said point being the center line
of the rights-of-way of Page Place and West Main Street, thence northerly
along the center line of Page Place right-of-way a distance of 1450
feet ± to a point, thence easterly along a line drawn at ±90°
to said center line for a distance of 900 feet± to a point
located in the center of the right-of-way of Michigan Street, thence
southerly (at an angle ± 900) for a distance of 1,450 feet±
to a point being the center line of the rights-of-way of Michigan
Street and West Main Street, thence westerly along the center line
of West Main Street for a distance of 900 feet+ to the point of beginning.
From a point of beginning, said point being the center line
of the rights-of-way of Oakmount Avenue/Road and State Routes 5; 20
and 64; thence southeasterly along said right-of-way a distance of
180 feet ± to a point, thence 90°± northeasterly
along a line 1,420 feet to a point located on a line drawn parallel
to the center line of Oakmount Avenue and being 1,000 feet±
easterly of said center line, thence 380 feet± northerly, to
said point to a point, thence westerly along a line extending 1,620
feet± (and through a point being located in the center line
of Oakmount Avenue said point being further located 1,420 feet+ north
along said center line measured from the point of beginning to a point,
thence southwesterly a distance of 940 feet to a point located in
the center line of State Routes 5 and 64 [said point being 100 feet
from the culvert located under Routes 5 and 64 and conveying waters
from the New York State Department of Environmental Conservation (DEC)
Classified Waterway—a tributary to Fish Creek], thence south
and westerly along a line being generally 100 feet north of the center
line of said waterway to a point 100 feet north of the point of origin
of said waterway, thence on a radius of 100 feet in a counterclockwise
direction around the point of origin of said waterway 180° continuing
northeasterly along a line located 100 feet south and easterly from
the center line of said DEC classified waterway to a point located
at the boundary line of the Village of Bloomfield/Town of East Bloomfield,
thence easterly along said boundary line a distance of 500 feet to
a point of ground elevation being 1,000 feet USGS, thence easterly
from said point along said DSCS contour line to the center line of
the right-of-way of Oakmount Road, thence northerly along the center
line of Oakmount Road a distance of 800 feet to the point of beginning.
The general watershed tributary area to the direct aquifer
recharge area. Zone III-G is depicted on Figure 3[7] and is described as follows: beginning at a point located
in the Town of East Bloomfield, said point being the intersection
of the center lines of the rights-of-way of Ontario County Road No.
40 and Bailey Road, thence northerly along a line extended from said
point of beginning a distance of 6,450 feet to a point, thence easterly
90° from said point along a line for a distance of 4,500 feet
to a point being located in the center of the right-of-way of Church
Street, thence southerly from said point along a line for a distance
of 1,500 feet+ to a point, thence easterly along a line from said
point a distance of 2,500 feet to a point, thence southerly from said
point along a line being parallel to and 1,000 feet east of the center
line of the right-of-way of Oakmount Avenue for a distance of 6,700
feet to a point on a line located 1,800 feet south of and parallel
to the center line of the right-of-way of Gauss Road, thence from
said point westerly 6,900 feet± along a line to a point being
the center line of the right-of-way of Bailey Road, thence northerly
from said point along said center line of Bailey Road right-of-way
a distance of 1,800 feet to the point of beginning.
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[2]
Editor's Note: See 42 U.S.C. § 9601 et seq.
[3]
Editor's Note: See 7 U.S.C. § 136 et seq.
[4]
Editor's Note: See 6 NYCRR Part 360.
[5]
Editor's Note: See 6 NYCRR Part 360.
[6]
Editor's Note: Said figures are on file in the Village offices.
[7]
Editor's Note: Figure 3 is on file in the Village offices.
A.
Permits and approvals by state agencies, other political subdivisions
and the Village shall not be issued within the surveillance zones
established by these regulations without prior review by the Code
Enforcement Officer and compliance with these regulations.
B.
The Village of Bloomfield and the State Health Department shall be
given an opportunity to comment on all permit applications for systems,
facilities and activities within the surveillance zones before action
is taken. Permit applications shall be sent to the Village and the
State Department of Health within 10 days of the receipt of a complete
application. Not less than 30 days shall be allowed for review and
comment by the Village and the Department of Health. No response shall
be considered as having no objections. Copies of all permits issued
shall be sent to the Village and the State Department of Health on
the date of issuance.
C.
The Code Enforcement Officer shall refer all requests for an LDO
permit as well as permit applications referred to the Village by other
governmental agencies within the surveillance zones to the watershed
inspector for a report. The watershed inspector shall have 10 business
days to evaluate the proposed action for compliance with these regulations
and to evaluate the impact of the proposal on the Village's water
supply and to submit an advisory report.
D.
The manufacture, disposal or discharge of any detrimental products,
materials or permitted wastes within the surveillance zones, including
radioactive, hazardous or toxic materials manufacture, disposal, transport
or storage, wastewater lagoons or pits, industrial or municipal sludge
or septage disposal, and pesticide storage or use, shall be prohibited,
except that a standard residential-type septic system, meeting applicable
legal requirements, may be permitted in Zone III-G.
E.
Exceptions to the rules and regulations may be granted by the New
York State Commissioner of Health after appropriate study and review,
based on prior usage or unique local conditions, if the Commissioner
shall determine that the health and safety of the consuming public
will be protected because of treatment provided or other remedial
action taken. Such exceptions shall be made, in writing, and only
after a duly advertised public hearing has been held on the proposed
action.
F.
Any person or entity preparing an environmental assessment form or
an environmental impact statement for a program, activity or project
in Zones I-G, II-G or III-G, as defined above, shall file a copy with
the Commissioner of Health and the Village of Bloomfield. Environmental
Assessments shall be prepared by all state and local agencies covering
all continuing program activities and special projects within the
surveillance zones that may affect water quality. All such continuing
program reviews shall be completed and filed with the Commissioner
of Health by January 1 of the year after these rules and regulations
become effective. Project reviews shall be completed in the early
planning stages. If warranted by the environmental review, the Commissioner
may require a full environmental impact statement in accord with 6
NYCRR 617. Any significant changes in program activities shall require
an environmental assessment. All continuing program environmental
assessments shall be revised and updated every five years.
G.
Spills. Within any of the surveillance zones defined herein, any person who is the owner of or in actual or constructive possession or control of a toxic substance, hazardous material, petroleum, or radioactive material or any agent or employee thereof, or any person in a contractual relationship therewith, who is responsible for or has knowledge of any spill, as defined in § 132-2 above, of any toxic substance, hazardous material, petroleum, or radioactive material to the ground surface or any water body, shall notify the Village of Bloomfield, the New York State Department of Environmental Conservation and the New York State Commissioner of Health. All spills shall be reported to the Village of Bloomfield, the New York State Department of Environmental Conservation and the New York State Commissioner of Health within two hours of such spill, or within two hours of the time when knowledge of such spill is obtained.
H.
The Village of Bloomfield shall maintain an inventory of all systems,
facilities and activities in the surveillance zones that may contribute
to water supply source contamination including, but not limited to:
(1)
Land use;
(2)
Population;
(3)
On-site disposal systems;
(4)
Dwelling units;
(5)
Domestic animals;
(6)
Pesticide and herbicide storage and use;
(7)
Deicing salt storage application;
(8)
Landfills and dumps;
(9)
Wastewater storage pits and lagoons;
(10)
Animal waste storage;
(11)
Land application of wastewater, sludge and septic disposal;
(12)
Disposal wells;
(13)
Recharge basins;
(14)
Toxic waste manufacture, storage, transportation and use;
(15)
Fertilizer storage and application;
(16)
Surface and underground storage of gasoline, oil or other contaminating
materials;
(17)
Commercial and industrial activity;
(18)
Point source discharges;
(19)
Storm sewer discharges;
(20)
Junkyards;
(21)
Agricultural activity;
(22)
Accidental spills;
(23)
Permits issued to regulate systems, facilities and activities.
A.
In order to prevent pollution of the ground or groundwater, all land within this zone shall be protected and controlled to the greatest extent possible. This shall be accomplished either by direct ownership of the land, the acquisition of protective easements, or by appropriate land use regulations as specified in Chapter 135, Zoning.
B.
All private water supplies and septic systems and facilities shall
be prohibited.
C.
Land within this surveillance zone shall not be used for any new uses, development or purposes other than those specified elsewhere in these regulations or in Chapter 135, Zoning.
D.
All sources of the Village's water supply and containment buildings
shall be in conformance with federal, state and local floodplain management
or similar regulations or ordinances to prevent their contamination
by floodwaters. These areas shall further be protected from pollution
by surface waters originating outside hereof by the construction of
suitable diversion ditches or embankments. The development of the
water sources shall be carried out in such a manner that there shall
be no opportunity for pollution to enter the water sources.
E.
The physical pumping facilities and controls of the Village of Bloomfield's
public water supply shall be protected against damage from tampering
by fencing or other suitable enclosures or by their manner of construction
and installation.
F.
Village-owned lands shall be enclosed and posted, as appropriate,
to prohibit trespassing for any purpose.
G.
No storage of toxic substances or hazardous materials (including
petroleum products) shall be permitted below ground in Zone I-G. The
aboveground storage of toxic substances and hazardous materials shall
also be prohibited, except that the Village Code Enforcement Officer
may allow the aboveground storage of petroleum products for use by
an individual household, but only in containers with a total combined
capacity equal to or less than 20 gallons and which are properly designed,
manufactured, installed and maintained to prevent leakage and spillage;
and the aboveground storage of ordinary household cleaning and maintenance
products in amounts limited to that customarily stored by a typical
single-family household. In approving the storage of such products,
the Code Enforcement Officer may impose conditions to provide sufficient
assurance to eliminate risk of contamination to the Village water
supply.
H.
The manufacture, land application, underground injection or disposal
of toxic substances or hazardous materials shall be prohibited.
A.
On-site disposal systems.
(1)
All future development shall be connected to public sewers and water
supply systems where available. Otherwise, septic system design and
construction of special type systems meeting New York State Department
of Health Appendix 75-A requirements for raised system or mound design
may be permitted, provided that the Code Enforcement Officer has determined
that said system shall not have a detrimental impact on the public
water supply.
(2)
All composting toilets of the type that dispose of human excreta,
wash waters and sink wastes shall require a permit from the State
Department of Health.
B.
Land application of wastewater. Land application of wastewater shall
be prohibited.
C.
Disposal wells. Disposal wells shall be prohibited.
D.
Stormwater runoff recharge basins. The use of recharge basins shall
be prohibited.
E.
Snow disposal. The stockpiling of snow removed from streets, roads
and parking lots shall be prohibited.
F.
Refuse disposal areas and junkyards.
(1)
The establishment of refuse disposal areas and junkyards shall be
prohibited. The continued operation of existing refuse disposal areas
and junkyards shall be prohibited after January 1 of the year following
the date that these rules and regulations become effective.
(2)
A comprehensive closure plan consistent with 6 NYCRR 360 shall be
required for existing and abandoned refuse disposal areas.
G.
Animal wastes. Agricultural associated animal wastes shall not be
concentrated in the form of a manure pile except where provision has
been made to prevent seepage to the groundwater. Suitable storage
facilities shall be required when it is not possible to spread or
dispose of waste on a daily basis.
H.
Application of septage and municipal sludge. Land application of
septage and municipal sludge shall be prohibited.
I.
Leaking sewers.
J.
Industrial sludge, toxic substances and hazardous materials.
(1)
No hazardous materials or toxic substance identified by the U.S.
Environmental Protection Agency or the New York State Department of
Environmental Conservation shall be stored except under permit from
these agencies.
(2)
The disposal of hazardous materials, toxic substances and industrial
sludge shall be prohibited.
(3)
Hazardous materials and toxic substances shall not be buried in the
soil, spread upon the surface on the ground or allowed to enter groundwaters.
(4)
The transportation of hazardous materials or toxic substances shall
be prohibited except under permit of the Department of Transportation
pursuant to Article 2, §§ 14-a through 14-f, of the
Transportation Law.
K.
Wastewater lagoon and pits. The use of wastewater lagoons and pits
for temporary storage of wastewater shall be prohibited. All storage
facilities shall be watertight and aboveground and regulated by permit
of the Department of Environmental Conservation.
M.
Fertilizer use.
(1)
The open storage of artificial fertilizers shall be prohibited.
(2)
Agricultural use of fertilizers shall be in conformance with best
management practices as developed by the State Soil and Water Conservation
Committee. Farmers are encouraged to work with the Ontario County
Soil and Water Conservation District to prepare and use farm service
plans to implement the best management practices.
N.
Pesticide and herbicide use.
(1)
All pesticide and herbicide storage, use and application shall be
regulated by permit as provided in Environmental Conservation Law
Article 33.
(2)
Pesticides or herbicides shall not be used until an environmental
assessment is prepared that specifically addresses the issue of potential
groundwater contamination.
(3)
The disposal of containers of unused pesticides and herbicides shall be prohibited except in accordance with the permit issued as indicated under Subsection N(1).
(4)
The use of streams for make-up water or for the washing of equipment
shall be prohibited.
(5)
The disposal of containers and the washing of equipment used in conjunction
with pesticides and herbicides shall be prohibited.
P.
Deicing salt application.
Q.
Cemeteries. Cemeteries shall be prohibited.
R.
Underground storage tanks and pipelines. The underground storage
of hazardous materials (including petroleum products) or toxic substances,
except natural gas, shall be prohibited.
S.
Land use management.
(1)
If it is determined that land development may have a negative impact
on groundwater quality, the Village of Bloomfield, with the advice
and assistance of the State Department of Health, shall take steps
to ensure that appropriate land use and site plan review controls
are in effect to protect the groundwater.
(2)
Environmental assessments shall be prepared for the following activities
and submitted to the State Department of Health and the Village of
Bloomfield for review and comment prior to the issuance of any permits:
(a)
Excavations or cut-ins which expose groundwater permanently
or during maximum elevation of the water table, or which significantly
reduce the thickness of the soil cover and thereby ease the entrance
of contaminants into groundwaters;
(b)
The construction of overhead transmission lines, liquefied natural
gas lines or other pipelines for materials which may impact water
quality; and
(c)
Roadway facilities, including the installation of utilities
within or adjacent to the highway right-of-way, the addition, expansion,
reconstruction or major rehabilitation of streets and related.
(3)
Stormwater pollution prevention plans shall be prepared for the activities
listed in this subsection. Such plans shall be prepared and implemented
in accordance with the requirements of Part III of the New York State
Department of Environmental Conservation General Permit No. GP-93-06.
Such plans shall also be subject to the prior review and approval
of the Village of Bloomfield. The activities are:
(a)
Plans for development or sale of land that will result in the
disturbance of five or more acres of land;
(b)
Construction of a subdivision;
(c)
A land clearing or land grading project, involving two or more
acres, located at least in part within 100 feet of a watercourse or
wetland, or within 300 feet of a reservoir, reservoir stem or controlled
lake, or on land with a slope exceeding 15%.
T.
Improperly constructed or abandoned wells.
A.
On-site disposal systems.
(1)
All on-site disposal systems serving single-family residences with
flows of less than 1,000 gallons per day shall be designed, installed
and maintained in accordance with the State Sanitary Code. The standards
promulgated in local or county sanitary codes, including laws of the
Town of East Bloomfield (if applicable), shall apply if they contain
more stringent standards. All future residences, businesses and industries
and institutions within the Village of Bloomfield shall be connected
to public sewers.
(2)
A permit shall be required prior to the installation of any subsurface
disposal systems in the Town of East Bloomfield. This permit shall
be obtained from the Code Enforcement Officer. Conditions for a permit
shall include an approved engineering plan, verification of the percolation
rate by a disinterested party and inspection of the installation prior
to backfilling. Permits are renewable on a five-year basis. All septic
tanks shall be pumped clean every five years, or more often if conditions
warrant.
(3)
The applicable standards and permit requirements of the Department
of Environmental Conservation shall apply to systems with flows in
excess of 1,000 gallons per day or those which contain industrial
wastewater.
(4)
The use of sewage system cleaners or additives shall be prohibited.
(5)
No portion of the septage unit shall be constructed, placed or rebuilt
within a fifty-foot linear distance of the recharge area or tributary
watercourses.
(6)
Where rapid percolation (less than a two-minute rate) is indicated,
the use of standard subsurface disposal systems shall be prohibited.
B.
Point discharge. Point source discharges to tributary streams shall
be prohibited unless treatment equivalent to sand filtration and disinfection
is provided for domestic wastewater and equivalent treatment for industrial
wastewaters. All effluents shall meet drinking water standards.
C.
Storm sewer
outlets. New storm sewer outlets shall not discharge directly to streams
and watercourses. Provision shall be made to discharge to the ground
surface not less than 100 feet from a watercourse and/or recharge
area.
D.
Snow disposal. The dumping of snow removed from streets, roads and
parking areas directly into streams shall be prohibited.
E.
Refuse disposal areas and junkyards.
(1)
No refuse shall be deposited on or beneath the surface of the ground.
(2)
The establishment of refuse disposal areas and junkyards shall be
prohibited. The continued operation of existing refuse disposal areas
and junkyards shall be prohibited after January 1 of the year following
the date that these rules and regulations become effective.
(3)
A comprehensive closure plan consistent with 6 NYCRR 360 shall be
required for existing and abandoned refuse disposal areas.
F.
Animal wastes.
(1)
No concentration of agricultural associated animal wastes, including,
but not limited to, manure piles, feedlots, barnyards and yard areas,
shall be permitted within a 100-foot linear distance from any watercourse
or boundary of Zone II-G.
(2)
Barnyards, feedlots, yard areas and manure piles shall be separated
from streams by ditches or surface grading to prevent their runoff
from entering streams.
(3)
Drainage from barnyards, feedlots, yard areas or manure piles shall
not be discharged directly to a watercourse or to any area within
Zone II-G. Such drainage shall be dispersed over the ground surface
not less than 250 linear feet from any watercourse or boundary of
Zone II-G.
(4)
Provision shall be made for the satisfactory disposal of milk house
waste, either by surface or subsurface irrigation that prevents any
discharge to any watercourse or boundary of Zone II-G. Such facilities
shall be located not less than 100 linear feet from any watercourse
or boundary of Zone II-G.
(5)
Manure shall not be spread on frozen ground if there is any likelihood
that surface runoff will be carried into streams.
G.
Septage and sludge disposal. The disposal of septage, municipal sludge,
or human excreta shall be prohibited.
H.
Sludge and toxic substances.
(1)
The storage of industrial sludge, toxic substances or hazardous materials
shall be prohibited except under permit regulated by the U.S. Environmental
Protection Agency and the Department of Environmental Conservation.
(2)
The disposal of industrial sludge, toxic substances and hazardous
materials shall be prohibited.
(3)
The transportation of toxic substances or hazardous materials shall
be prohibited except under permit of Department of Transportation
pursuant to Article 2, §§ 14-a through 14-f, of the
Transportation Law.
(4)
Toxic substances or hazardous materials shall not be buried in the
soil, spread upon the surface of the ground, or allowed to enter groundwater.
I.
Radioactive material. The disposal of radioactive material shall
be prohibited.
J.
Fertilizer use.
(1)
The open storage of artificial fertilizers shall be prohibited.
(2)
Agricultural use of fertilizers shall be in conformance with best
management practices as developed by the State Soil and Water Conservation
Committee. Farmers are encouraged to work with the Ontario County
Soil and Water Conservation District to prepare and use farm service
plans to implement the best management practices.
K.
Pesticide and herbicide use.
(1)
All pesticide and herbicide storage, use and application shall be
regulated by permit as provided in Environmental Conservation Law
Article 33.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The disposal of containers of unused pesticides and herbicides shall be prohibited except in accordance with the permit issued as indicated under Subsection K(1).
(3)
The use of streams for make-up water or for the washing of equipment
shall be prohibited.
L.
Underground storage tanks and pipelines.
(1)
Underground storage of petroleum products or any other toxic substances
shall comply with the bulk storage laws and regulations specified
under the Environmental Conservation Law and 6 NYCRR and all applicable
federal regulations.
(3)
The owner of any underground storage tank or pipeline shall be responsible
for prompt reporting of any spills or leaks and for the cost of cleanup.
N.
Deicing salt application.
O.
Cemeteries. No internment of a human body shall be made within a
250-foot linear distance of a watercourse or boundary of Zone II-G.
P.
Sediment generation.
(1)
Farm tillage practices shall be in conformance with best management
practices as developed by the State Soil and Water Conservation Committee
and implemented by the preparation and use of farm plans as required,
by the Ontario County Soil and Water Conservation District.
(2)
All farms shall have an operational farm plan pursuant to Subsection P(1) above in place by January one of the year following the date that these rules and regulations become effective.
(3)
Soil erosion and sediment production by stream and road bank erosion
shall be evaluated by the County Soil and water Conservation District.
Appropriate remedial actions shall be undertaken where needed. A report
on same shall be submitted annually to the Village of Bloomfield by
the County Soil and Water Conservation District. All land-disturbing
activity, including general construction, highway construction, access
road construction and maintenance, shall be prohibited, except where
remedial measures have been put in place to minimize erosion and sediment
production.
Q.
Land use management.
(1)
If it is determined that land development may have a negative impact
on groundwater quality, the Village of Bloomfield, with advice and
assistance of the State Department of Health, shall take steps to
ensure that appropriate land use and site plan review controls are
in effect to protect the surface waters.
(2)
Stormwater pollution prevention plans shall be prepared for the activities
listed in this subsection. Such plans shall be prepared and implemented
in accordance with the requirements of Part III of the New York State
Department of Environmental Conservation General Permit No. GP-93-06.
Such plans shall also be subject to the previous review and approval
of the Village of Bloomfield. The activities are:
(a)
Plans for development or sale of land that will result in the
disturbance of five or more acres of land;
(b)
Construction of a subdivision;
(c)
A land clearing or land grading project involving two or more
acres, located at least in part within 100 feet of a watercourse or
wetland, or within 300 feet of a reservoir, reservoir stem or controlled
lake or on land with a slope exceeding 15%.
R.
Recreation. Recreational land use shall be managed so as to prevent
any adverse impact on water quality.
S.
Inspections.
(1)
The watershed inspector, or a designated representative on the Village
Board, shall make regular and thorough inspections within the surveillance
zones to determine compliance with these rules and regulations. It
shall be the duty of the watershed inspector to serve notices of violations
of these rules and regulations upon persons found to be in violation
of said rules and regulations and to direct specific actions to correct
the violations. If such persons served do not immediately comply with
the rules and regulations, the watershed inspector shall promptly
notify the Code Enforcement Officer and the State Commissioner of
Health of such violations.
(2)
The watershed inspector shall submit a written annual report to the
Village Board and to the State Commissioner of Health prior to the
31st day of January. The report shall state the number of inspections
that were made, the number of violations found, the number of notices
served, the number of violations abated and the general condition
of the area surrounding the Villages wells and springs at the time
of the last inspection.
