As used in this chapter, the following terms shall have the meanings indicated:
AQUIFERThe water-saturated subsurface geologic formations which are now or may subsequently be developed for use as public water supply sources.
AQUIFER RECHARGE AREAThe 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."
BEST MANAGEMENT PRACTICESShall be those methods and practices which are developed and adopted by the Department of Environmental Conservation to control nonpoint sources of pollution.
CHLORIDE SALTThe 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).
CODE ENFORCEMENT OFFICERThe 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.
COMPOSTING TOILET OR DRY TOILETShall be any receptacle for human excreta and/or kitchen waste which is a self-contained unit requiring periodic removal of composted material.
ENVIRONMENTAL ASSESSMENTShall 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.
GROUNDWATERShall be any water beneath the land surface in the saturated zone that is under atmospheric or artesian pressure.
HAZARDOUS MATERIALAny substance listed in regulations promulgated under authority of either the Federal Resource Conservation and Recovery Act (RCRA) or Comprehensive Environmental Response, Compensation and Liability Act, 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.
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.
LAND APPLICATION OF WASTEWATERThe 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.
LINEAR DISTANCEThe 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.
PESTICIDEAny substance so defined or regulated under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
POLLUTANTDredge, 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.
RADIATIONIonizing 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.
RECOVERAny act or process by which recyclables are separated from the solid waste stream.
RECYCLABLES HANDLING AND RECOVERY FACILITYA solid waste management facility, other than collection and transfer vehicles (as is further defined under Part 360 ECU, at which recyclables are separated from the solid waste stream, or at which previously separated recyclables are collected.
RECYCLETo use recyclables in place of virgin materials in manufacturing a product.
REFUSEAll putrescible and nonputrescible solid wastes, including garbage, manure, rubbish, ashes, incinerator residue, street cleaning, dead animals, offal and solid commercial or industrial wastes.
REFUSE DISPOSAL AREALand 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.
SEPTAGEThat residue removed from on-site wastewater disposal systems.
SEWAGEAny liquid or solid waste matter from a municipal or private system which is normally carried off in sewers or waste pipes.
SEWAGE DISPOSAL SYSTEMAny system used for disposing of sewage, including an on-site disposal system and its septage unit.
SLUDGEThe solid residue resulting from a municipal or industrial process, or wastewater or water treatment which also produces a liquid stream of effluent.
SPILLAny escape of a substance from the containers employed in storage, transfer, processing or use.
SPRINGAn 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.
SUPPLIER OF WATERThe 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.
SURVEILLANCE ZONEA 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.
WATER DEPARTMENT SUPERINTENDENTThe individual designated by the Bloomfield Village Board of Trustees to be responsible for the operation of the Village's public water supply system.
WATER SUPPLYThe public water supply of the Village of Bloomfield.
WATERCOURSEEvery spring, stream, marsh or channel of water of any kind which flows or may flow into the Village's water supply.
WATERSHEDThat land area which contributes surface water to a specific point or location
WATERSHED INSPECTORThe 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.
WATERSHED TRIBUTARY TO AQUIFER RECHARGE AREAThat 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."
WELLAny 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."
ZONE I-GThe wellhead protection areas of the Village's wells and springs.
ZONE II-GThe 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 and further described as follows:
A. 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.
ZONE III-GThe general watershed tributary area to the direct aquifer recharge area. Zone III-G is depicted on Figure 3 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.