[HISTORY: Adopted by the Town Board of the Town of Union 1-7-1998
by L.L. No. 5-1998. Amendments noted where applicable.]
The purpose and intent of establishing the wellhead, aquifer recharge
and watershed protection zones described below are to minimize the potential
for contamination of the aquifer which currently supplies or in the future
may supply water to the residents of the Town of Union. In promoting the general
intent of these regulations, the specific intent is to:
As used in this chapter, the Following terms shall have the meanings
indicated:
The person responsible for the proposed action requiring an aquifer
permit.
[Added 6-7-2000 by L.L. No. 4-2000]
A saturated, permeable subsurface geologic unit that can transmit
an economic quantity of water under ordinary hydraulic gradients.
A combination of the Watershed Zone, Aquifer Recharge Zone and Wellhead
Protection Zone as defined below.
Those land areas outside the Aquifer Protection Zone (Zone I) through
which a large volume of precipitation or surface runoff flows directly or
indirectly into the Clinton Street/Ballpark Aquifer. This area is designated
on the Official Town of Union Aquifer Protection Map as Zone II.
The depression produced in a water table or other piezometric surface
by the extraction of water from a well at a given rate. The volume and areal
extent of the cone varies with the rate and duration of withdrawal of water.
The meaning set forth in 6 NYCRR 360, Solid Waste Management Facilities.
Any man-made change to improved or unimproved real estate that includes,
but is not limited to, the construction of buildings, tanks or other materials
storage facilities, the renovation of structures, dredging, grading, land
filling, commercial excavation or the installation of pipelines and wastewater
treatment facilities.
The subsurface water that occurs below the water table in soils and
geologic formations that are fully saturated.
A dug hole or a bored, drilled or driven shaft whose depth is greater
than its largest surface dimension through which subsurface emplacement of
fluids occurs.
Denotes a single individual, a group of individuals, an association,
a company or a corporation.
All putrescible and nonputrescible solid waste that includes, but
is not limited to, garbage, rubbish, ashes, incinerator residue, junk cars,
dead animals, commercial wastes, medical wastes and industrial wastes.
A.
B.
TANK
TOWN OF UNION WELLHEAD ADVISORY COMMITTEE
TOXIC OR HAZARDOUS MATERIAL
UNDERGROUND STORAGE FACILITIES
WATER BODY
WATERSHED ZONE
WELLHEAD PROTECTION ZONE
The repair, replacement or installation of the piping
system or ancillary equipment is not considered a substantial modification
unless such repair, replacement or installation is due to a release of 1%
of flow-through plus 130 gallons on a monthly basis and is coupled with an
annual tightness test.
A container or other holding vessel designed to store a toxic or
hazardous substance, which is constructed of nonearthen materials which provide
support.
An advisory board with representatives from the Town of Union, Villages
of Johnson City and Endicott and business/industry. The Board shall be composed
of five members, The membership shall include one member each from the Town
of Union and the Villages of Johnson City and Endicott. Two of the members
shall be representatives from business and industry. Each member shall be
appointed for three years. Each municipality shall appoint one member of the
Wellhead Advisory Committee from their respective jurisdictions with the approval
of the local Town or Village Board. The additional two members shall be appointed
by the Town of Union Board with recommendations from the Villages of Johnson
City and Endicott.
Any substance listed in regulations promulgated under the authority
of the Federal Resource, Conservation and Recovery Act (RCRA), the Comprehensive
Environmental Response Compensation and Liability Act (CERCLA) or New York
State Environmental Conservation Law, Article 27, 37 or 40, as now enacted
or hereinafter amended.
Any one or a combination of tanks, including any associated piping
or ancillary equipment, at least 10% of which is situated beneath the surface
of the ground, that is used for the purpose of material transmission, storage
or containment, except those for public water or sewer.
Any river, stream, spring, pond, lake, reservoir or channel of water
or any man-made culvert which flows directly into the aforementioned.
The land surface that is hydraulically tributary to the Aquifer Recharge
Zone (Zone II). This area is designated on the Official Town of Union Aquifer
Protection Map as Zone III.
The land areas that extend from the municipal wells to the outermost
limits of their cones of depression. This area is designated on the Official
Town of Union Aquifer Protection Map as Zone I.
Zones I, II and III of the Aquifer Protection District shall be considered
as overlaying all other zoning districts within the Town of Union. Any uses
permitted in the districts so overlaid shall be permitted only subject to
the provisions set forth in this chapter. Nothing contained in the Aquifer
Protection District regulations shall be construed to reduce or amend provisions
contained in Chapter 205, Zoning.
A.
No person shall perform any act which may result in the
contravention of water quality standards contained in New York State Public
Health Law (10 NYCRR 5) or New York State Environmental Conservation Law (6
NYCRR 703).
B.
Owners of nonresidential water supply or monitoring wells
shall provide the Town of Union with a map showing their location and a description
of their use. The description shall include information on pumping capacity
(if applicable), well depth, what the well is used for and its status (active
or inactive). Water supply or monitoring wells not in use for a period of
three or more years must be decommissioned in a manner satisfactory to the
Town of Union.
Any development within the Town of Union Aquifer District that meets
or exceeds the following criteria shall be allowed only upon obtaining a special
permit from the Town of Union Planning Board:
A.
Any use of property or change in use of property of any
residence, business, industrial or intermunicipal operation which uses, distributes
or stores petroleum products, toxic materials or hazardous materials when
such distribution, storage or use exceeds 25 gallons per month or 220 pounds,
whichever is less.
B.
Any activity requiring a permit from the New York State
Department of Environmental Conservation or the United States Environmental
Protection Agency.
C.
Any existing underground storage facility that has been
substantially modified.
Applicants for a permit to develop in the Town of Union Aquifer District
shall submit the following:
A.
Name, address and telephone number of the applicant.
B.
If the applicant is a corporation, the names, addresses
and telephone numbers of all the corporate officers and directors.
C.
Plans prepared by a professional engineer or architect
licensed to practice in the State of New York which demonstrate that sufficient
measures have been taken to prevent petroleum products, toxic materials or
hazardous materials from contaminating the groundwater system.
D.
Copies of any permits and applications to the New York
State Department of Environmental Conservation or the United States Environmental
Protection Agency.
E.
One completed original and two copies of the Town of
Union groundwater protection form.
F.
Any other information that the Town of Union Planning
Board shall request so as to have all the facts before it prior to making
its decision.
G.
An aquifer permit fee as set from time to time by resolution
of the Town Board.
A.
The lawful use of any development or the use of any land
existing at the time of the adoption of this chapter may be continued although
such use may not conform to the provisions of this chapter.
B.
When a nonconforming use has ceased for a period of one
year after the adoption of this chapter, any future use shall be in conformity
with the provisions of this chapter.
The Planning Board may grant the permit, deny the permit or grant the
permit with stated conditions. In the event that a permit is granted or granted
with stated conditions, it shall be a requirement that the applicant use the
best available means to prevent contamination of groundwater in the Aquifer
District. The Town shall maintain continuing jurisdiction, and the Planning
Board shall have the power and authority to require the applicant to make
such provisions as are necessary to update the development in order that it
may be used in accordance with the then prevailing state of technology. Prior
to action on the permit, the application shall be referred to and a recommendation
received from the Town of Union Wellhead Advisory Committee.
The applicant is responsible for amending an existing permit if petroleum
products or hazardous or toxic materials not listed in the original permit
are subsequently used or stored at the site or if there is a change in ownership.
A.
The discharge or disposal of construction and demolition
debris, as defined by 6 NYCRR 360, refuse, toxic or hazardous materials, petroleum
products or radioactive substances on or below the surface of the ground is
prohibited.
B.
The uncovered outdoor storage of agricultural chemicals,
pesticides, herbicides, fungicides and fertilizers, except compost, is prohibited.
C.
The uncovered outdoor storage of more than 100 pounds
of chloride salt is prohibited.
D.
The uncovered outdoor storage of more than 500 pounds
of manure is prohibited.
E.
The construction of class five underground injection
wells, as defined by the Safe Drinking Water Act of 1974 and subsequent amendments,
is prohibited.
In addition to the regulations below, the rules and regulations under
Zone III are also applicable.
A.
The siting of storage areas for junk vehicles or salvage
metals is prohibited.
B.
The aboveground discharge, land application or disposal
of any septic sludge, animal wastes or animal remains is prohibited.
C.
The drilling, construction or installation of all individual
or private water supply wells shall comply with the requirements and standards
of the New York State Department of Health.
D.
Owners of nonresidential water supply or monitoring wells
shall provide the Town with a map showing their location and a description
of their use. The description shall include information on pumping capacity
(if applicable), well depth, what the well is used for and its status (active
or inactive). Water supply or monitoring wells not in use for a period of
three or more years must be decommissioned in a manner satisfactory to the
Town.
In addition to the regulations below, the rules and regulations under
Zones II and III are also applicable.
A.
Excavations not subject to the New York State Mineral
Resources Act that intersect the water table at its seasonal high level and
remain open for a period of time exceeding six months are prohibited.
B.
The installation of any underground storage facility
for toxic or hazardous materials or petroleum products is prohibited.
C.
The establishment of any solid waste management or waste
treatment facility that would require a permit under 6 NYCRR 360, Chapter
10, is prohibited.
A public hearing shall be held in regards to the granting of an aquifer
permit. Notice of this public hearing shall be published in accordance with
Article 16 of the Town Law.
A.
Zone I. The Town of Union shall establish Zone I boundaries
on its Aquifer Protection Map using available hydrogeologic characteristics
of the Clinton Street/Ballpark Aquifer, computer modeling data and water supply
well pump test data.
B.
Zone II. The Town of Union shall establish Zone II boundaries
on its Aquifer Protection Map using available hydrogeologic characteristics
of the Clinton Street/Ballpark Aquifer.
C.
Zone III. The Town of Union shall establish Zone III
boundaries on its Aquifer Protection Map using available topographic data
on areas contributing stream flow or overland runoff to Zones I and II.
The Building Official shall be responsible for enforcement of this chapter.
Inspections may be made to ensure that these rules and regulations are being
complied with. The Building Official is authorized to issue cease and desist
orders whenever violations of this chapter are noted.
A.
The owner of any development found not in compliance
with the provisions of this chapter or any other person who commits or permits
acts in violation of any of the provisions of this chapter shall be deemed
to have committed an offense and shall be liable for any such violation and
the penalty therefor.
B.
For every violation of any provision of this chapter,
the person violating the same shall be subject to a fine of not more than
$1,000. Each week's continued violation of the provisions of this chapter
shall be deemed a separate offense.
C.
Any person violating this chapter shall also be subject
to a civil penalty enforceable and collectible by the Town in the amount of
$1,000 for each such offense. Such penalty shall be collectible by and in
the name of the Town for each week that such violation shall continue.
D.
In addition to the above-provided penalties and punishments,
the Town Board may also commence an action or proceeding in the name of the
Town and in a court of competent jurisdiction to compel compliance with or
restrain by injunction the violation of the provisions of this chapter.
A.
An owner who experiences unnecessary hardship as a consequence
of the literal interpretation of the provisions of this chapter may request
a hearing by the Zoning Board of Appeals of the Town of Union. The Board of
Appeals may grant a variance of the requirements of this chapter if the Board
finds that the health, welfare and safety of the public will be protected.
B.
Applications for a variance shall be submitted to the
Zoning Board of Appeals and shall contain at least the following information:
(1)
The applicant's name, address and interest in the
subject property, or the owner's name and address, if different from
the applicant, and the owner's signed consent to file the application.
(2)
The protection zone location, alone with the street address
and legal description of the subject property.
(3)
A narrative description of the proposed use or action
together with any other pertinent information that may be necessary to adequately
review the application.
(4)
A plan illustrating all proposed site alterations, all
structures existing on the site, site contours and drainage patterns.
(5)
A statement articulating the hardship imposed by the
enforcement and administration of this chapter, with specific reference to
the factors listed in this chapter.
(6)
A statement by a professional architect or engineer licensed
to practice in the State of New York assessing the potential impact on groundwater
quality of the use or activity to be authorized by the variance.
A.
The Zoning Ordinance of the Town of Union, Broome County,
New York, Chapter 205, Article III, § 205-6 is hereby amended to
include the following:
|
District
|
Abbreviation
| |
|---|---|---|
|
Zone I
|
Z1
| |
|
Zone II
|
Z2
| |
|
Zone III
|
Z3
|
B.
Zone districts are shown, defined and bounded on a map
titled "Town of Union Aquifer Protection Map," adopted contemporaneously with
this chapter and certified by the Town Clerk, which accompanies and which,
with all explanatory matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Aquifer Protection Map is included at the end of this chapter.
