[Amended 8-2-2022 by L.L. No. 5-2022]
A. Generally.
(1) Authorization to use. No person, unless specifically authorized by
the Board, shall open, interfere with or draw water from any public
or private fire/flush hydrant in the districts for any purpose other
than for fire or Fire Department uses. (A flush hydrant is blue in
color and its purpose is to allow the municipality to flush the water
system to maintain the quality of the drinking water. A flush hydrant
is not intended to be used for firefighting purposes.)
(2) Application to use. Application and installation for private fire protection shall be made in accordance with §§
230-2 and
230-3.
(3) Testing. The Board shall be notified in advance of testing of public
or private hydrants so that, if desired, a representative of the Board
may be present at said testing.
B. Blocking of access prohibited. It shall be unlawful for any person
to cover, obscure or in any way block free access to any fire/flush
hydrant located within the Town of Blooming Grove as provided herein.
C. Fire/flush hydrants to be kept clear of obstructions. It shall be
the duty and responsibility, jointly, of all owners, tenants and/or
occupants of real property and/or premises located within the Town
of Blooming Grove to maintain a clear and unobstructed access path
for a radius of 15 feet in every direction from any fire/flush hydrant
located on their property or within any governmental right-of-way.
No permanent or temporary structures, trees, shrubs, bushes, plantings
or other items are permitted to be erected, installed or placed within
said fifteen-foot radius of the fire hydrant. All owners, tenants
and/or occupants must also maintain an area within a five-foot radius
from any fire hydrant free and clear from all other obstructions,
including, but not limited to, dirt, debris, branches, leaves, clippings,
snow and ice.
D. Maintenance of hydrants. It shall be the duty and obligation of all
owners, tenants and/or occupants of real property and/or premises
located within the Town of Blooming Grove which abuts a public road
or right-of-way to maintain a clear and unobstructed access path along
the property line or right-of-way adjacent to the fire/flush hydrant.
The access path or area shall extend 10 linear feet from the center
of any hydrant.
E. Time limit for clearing and removal. Such clearing and maintenance
must take place within 12 hours from the last time that the snow,
ice, dirt or other obstruction falls or is placed upon such property.
F. Removal by Town; recovery of costs. In the event of the failure of
any owner, tenant and/or occupant to maintain said fire/flush hydrant
by removing the snow, ice, dirt or other obstruction therefrom within
the time above provided for, the Town Board may remove the same and
charge the expense thereof to the owners of such premises. Said charge
shall become a lien upon the premises benefited thereby until paid
and, in addition thereto, the owner and occupant of said premises
shall be personally liable for the payment thereof.
G. Penalties for offenses.
(1) Any person who shall refuse or neglect to comply with any provision
of this section shall be guilty of a violation. Each and every violation
of this section shall be punishable by a fine not to exceed $75 per
day. Each day's continued violation shall constitute a separate
violation.
(2) In addition to all other remedies provided for herein, the Town Board
may also enforce obedience to this section by injunction or by any
other remedy available to it by virtue of the judicial process.
H. Enforcement. The Building Inspector and/or Code Enforcement Officer
serving the Town of Blooming Grove, as well as any police officer
of the Town of Blooming Grove Police Department, shall have the authority
to issue appearance tickets for violations of this section.
No new or replacement water well or water supply system that
is designed or intended to serve any parcel in the Town of Blooming
Grove outside of an incorporated Village shall be installed anywhere
in the Town of Blooming Grove, except as herein provided.
The required plans and drawings shall be prepared and certified
by a professional engineer with a current and valid license in the
State of New York. At a minimum, the submitted plans shall include
the following elements:
A. Scaled site plan drawing, the location of proposed improvements (well)
and all relevant improvements or natural features shall be clearly
indicated, showing all necessary setbacks as required by the 10NYCRR
Part 5 of Chapter 10 of the New York State Sanitary Code;
B. Water well design schematic drawing, showing the following elements:
proposed depth and diameter of borehole, proposed construction details
including casing depth, casing seal depth and design details, proposed
screen interval, and the expected depth to bedrock (below ground surface).
Drilled wells shall be of such materials and located, constructed,
developed and protected as described in this chapter and in accordance
with good well drilling practice.
A. Location.
(1) The well shall be constructed in an accessible location which is
not subject to flooding and at a distance from potential sources of
pollution on the owner's property or on adjoining properties which
shall remain in the same ownership which is not less than that prescribed
by the State Sanitary Code.
(2) When a well is located adjacent to a building, it shall be so located
that the center line of the well, extended vertically, will clear
any projection from the building by not less than five feet. The top
of the well casing shall be readily accessible.
(3) A well shall not be located closer than 15 feet to a property line.
(4) Minimum distances from sewerage units shall be as prescribed by the
State Sanitary Code.
B. Depth. The well shall be developed from a water-bearing formation
at a depth greater than 50 feet below the ground surface, unless otherwise
approved by the Town Engineer.
C. Casing.
(1) The well casing shall be new wrought iron or steel well casing pipe
which complies with ANSI Standard B-36.10 Year of Latest Revision
or AWWA Standard for Deep Wells A-100 Year of Latest Revision.
(2) The depth of the casing shall comply with the requirements of Table
1 of this chapter, and the top of the casing shall terminate not less
than 24 inches above the ground surface, a gravity-drained pump house
or well pit floor, and three feet above possible flood level.
(3) The well casing diameter for a well shall be not less than six inches
unless otherwise approved by the Town Engineer.
(4) Each section of casing shall be joined with standard drivepipe couplings
and ample full-threaded joints, or by proper welding, so that all
joints shall be sound and watertight as installed in the well
(5) Well casing alignment shall not interfere with the proper installation
and operation of the pump.
D. Construction.
(1) Construction of the well shall comply with the requirements of Table
1 and other standards given in this chapter.
(2) Construction shall seal off, insofar as practicable, water bearing
formations that are or may be polluted.
(3) The well shall be constructed so that no unsealed opening will be
left around the well.
(4) The well shall be thoroughly developed clearing it of all excessive
sand, silt and turbidity by either pumping, surging (i.e., surge block),
jetting, a combination of the above or other approved means to produce
a maximum well yield at a stabilized/near-stable drawdown (as defined
by NYSDEC Title 6, Chapter V, Subchapter E Part 601) as demonstrated
by pumping at a constant rate for a minimum of four hours and obtaining
periodic drawdown measurements. Additional testing (i.e., longer duration
testing, additional monitoring requirements) shall be required for
wells intended to supply more than five connections, or community
water system well, as determined by the Town Engineer.
(5) Water used for well construction shall be of satisfactory sanitary
quality and in accordance with New York State Department of Health
water quality regulations.
(6) If the well is finished in a sand or gravel formation, the driller
shall furnish and install a metal screen of proper diameter, design
and standard manufacture, which shall permit maximum transmission
of water without clogging.
E. Sealing.
(1) Sealing as required by Table 1 shall be performed and sealing material shall be a neat
cement grout. The grout mixture shall consist of no more than 5 1/2
gallons of clean water to one sack of Portland cement. The grout shall
be poured or pumped (i.e., emplaced using a tremie pipe) as one continuous
mass and placed upward from the bottom of the space to be grouted.
(2) The clear annular space around the outside of the casing and the
drill hole shall average two inches and in no case be less than 1 1/2
inches to prevent bridging of the grout. Driving the casing or installing
a lead packer, a rubber sleeve or a similar device is not an acceptable
alternate to grouting. The required annular opening shall be maintained
during the work until grouting is completed. Grout shall be allowed
to cure a minimum of five days before being disturbed by additional
drilling work or well development.
(3) Grouting shall be performed for a minimum of 50 feet below ground
level in wells completed in unconsolidated formations, and the grout
seal shall extend at least 20 feet into competent bedrock for wells
completed in fractured bedrock formations. Any deviation from the
minimum depths set forth herein requires approval of the Town Engineer.
F. Yield test. For water supply wells, before being put into use, the
well shall be tested for yield and drawdown for at least four hours'
duration. The test pumps shall have a capacity at least equal to twice
the pumping rate at which it is expected the well will be pumped during
its usage. The test pump shall be installed to operate continuously
until the water level has stabilized and, at this point, the specific
capacity, safe yield and stabilized drawdown determined. Regular water
level observations shall be made during the drawdown and subsequent
recovery periods. A minimum sustained well yield of five gallons per
minute shall be obtained for single-family residential use water supply
wells.
G. Disinfection. The well shall be pumped until clear and then disinfected
as follows:
(1) After the well is constructed and pumped clear, or after any improvements
are made, it shall be disinfected with a chlorine bleach, as follows:
(a)
Mix two quarts of bleach, containing 5.25% available chlorine
in 10 gallons of water. Pour the solution into the well while it is
being pumped. Keep pumping until the chlorine odor appears at all
taps. Recirculate the water back into the well for at least an hour.
Then close the tap and stop the pump.
(b)
Mix two more quarts of bleach in 10 gallons of water and pour
this chlorine solution into the well. Allow the well to stand idle
for 12 to 24 hours.
(2) Pump the well to waste, away from grass and shrubbery through the
storage tank and taps until the odor of chlorine disappears.
H. Capping. Temporary capping of the well until the pumping equipment
is installed shall be such that no pollutant can enter the well.
I. Log. The driller shall furnish the owner and the Town Engineer with
accurate and complete information and will log upon completion of
construction.
J. Water samples. After the well has been pumped clear, and after all
chlorine disinfectant has been removed, one or more water samples
shall be collected and examined in a New York State Department of
Health approved laboratory for bacteriological examination (chemical
examination may also be required). Lab results shall be submitted
to the Town Engineer for review.
K. Well seal and pitless adapter.
(1) A well cap, seal and/or pitless adapter shall be provided to cap
a well and to establish and maintain a tight junction between the
well casing and the piping or equipment installed therein to prevent
pollution from entering the well at the upper terminal.
(2) The well cap, seal and/or pitless adapter shall comply with the National
Sanitary Foundation Basic Criteria for Pitless Well Adapters, or equal,
as approved by the State Health Department.
L. Pump and pumping equipment. Pump and pumping equipment shall be installed
so as to comply with the objectives of this chapter.
M. Abandoned well. An abandoned well shall be filled and sealed in such a manner as to avoid accidents and to prevent it from acting as a channel for pollution of water-bearing formations. Abandonment shall be in conformance with 10NYCRR Part 5 of Chapter 10 of the New York State Sanitary Code and AWWA A100 Year of latest revision. (See also §
230-21.)
The Town Engineer may grant approval of such plans or may require
such modification as in his opinion the public health or safety may
require. No work shall begin until the drawings and application are
approved by the Town Engineer, who shall note his approval on the
applicant's copy.
[Amended 10-13-1987 by L.L. No. 7-1987]
A. After a water well is completely installed, as-built plans shall
be prepared and submitted to the Town Building Department. Upon approval
of such plans by the Town Engineer, a certificate of compliance shall
be issued to the applicant.
B. In all instances where the plans and specifications required in §
230-16 shall be prepared by a professional engineer (see §
230-17), as-built plans shall be prepared, certified and sealed by a professional engineer with a current and valid license in the State of New York.
It shall be the duty of the Town Engineer:
A. To promptly investigate the proposed installation and approve or
disapprove the application and, if approved, so note this on the original
and applicant's copy and issue the applicant's permit (this permit
to be prominently displayed on or near the work site);
B. To ensure compliance with the provisions of this chapter;
C. After final inspection, to issue a written approval for the installation
or abandonment of the well or water system;
D. To inform the Town Clerk and Town Building Inspector monthly of any
installation or abandonment applications approved or disapproved and
any final approvals of any well or water supply system installed or
abandoned.
Nothing contained in this chapter shall be construed to permit
the installation or maintenance of a water supply system which is
or may become unsafe or otherwise constitute a detriment to the public
health, safety and welfare.
Any violation of this chapter either by the occupancy of a structure
without a duly authorized certificate of approval or by the installation
or use of a water supply system/well without compliance with the terms
and provisions of this chapter is hereby declared to be a violation
and shall render the owner of the land whereon the same was installed,
the occupant of said land, the person so installing the same or any
other person who performs work thereon in violation of this chapter
punishable by imprisonment for not exceeding 15 days and/or a fine
not to exceed the sum of $1,000. Each day's continued violation after
notice thereof shall constitute a separate additional violation subject
to penalties set forth herein.
In the event of any violation of this chapter, the Town Board
may, in addition to any other remedies, also maintain an action or
proceeding in the name of the Town in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of this chapter, notwithstanding that this chapter provides for penalties
and other punishment for such violation.
Wellhead protection areas at all public water systems, installed
after the effective date of this chapter, shall be protected and controlled
through direct ownership of the land or through the acquisition of
protective easements or other appropriate measures such as watershed
rules and regulations developed by the supplier of water in order
to prevent contamination. Within the zone of influence wellhead protection
area, all systems, facilities, and activities are prohibited except
for physical pumping and treatment facilities and controls. The zone
of influence wellhead protection area shall not be used for any purpose
other than public water supply, except when a permit has been issued
by the appropriate local board for nonintrusive recreation uses such
as hunting, fishing, picnicking, nature study, or hiking. The zone
of influence wellhead buffer area shall be posted prohibiting trespass
for any purpose except as permitted in this section.
A. A public water system is any entity which provides water to the public
for human consumption through pipes or other constructed conveyances.
Any system with at least five service connections or that regularly
serves an average of at least 25 people daily for at least 60 days
out of the year is deemed a public water system.
B. All land within a wellhead protection area shall be protected and
controlled through direct ownership of the land or through the acquisition
of protective easements or other appropriate measures such as watershed
rules and regulations developed by the owner of the water supply in
order to prevent pollution of the ground or groundwater.
C. All systems, facilities and activities are prohibited except for physical pumping and treatment facilities and controls within the zone of influence WPA. The area shall not be used for any purpose other than public water supply, except as set forth in Subsection
F below.
D. All wellheads and containment buildings must be in conformance with
federal, state and local floodplain management or similar regulations
or ordinances to prevent their contamination by floodwaters. This
area shall further be protected from pollution by surface waters originating
outside thereof by the construction of suitable diversion ditches
or embankments. The development of the water sources shall be so carried
out that there shall be no opportunity for pollution to enter the
water sources.
E. The physical pumping facilities and controls shall be protected against
damage from tampering by containing same with a locked fenced area
or other suitable enclosures or by their manner of construction and
installation.
F. The area will be posted prohibiting trespass for any purpose other
than hunting, fishing, picnicking, nature study, or hiking, as may
be allowed by the Town Board, or the Planning Board if the wellhead
protection area is established during the review of a development
application subject to Planning Board approval.
G. The storage of salt, chemicals, petroleum products, paint, pesticides,
or other materials that could potentially endanger a well shall not
be allowed in areas that drain toward any well, or within the zone
of influence WPA. Outdoor storage of any materials that, in the opinion
of the Code Enforcement Officer, could contaminate groundwater resources,
shall be prohibited within any of the WPAs.
H. Sewer lines and septic fields, including reserve areas, shall not
be located in the zone of influence WPA.
I. Storage of machinery shall not be allowed in the zone of influence
WPA.
J. The WPAs shall be inspected regularly to assure that the area complies
with these regulations.
K. Parking and impervious surfaces shall not be allowed in the zone
of influence WPA, except that a stabilized gravel driveway that is
required to access the wellhouse for maintenance may be permitted
within same. The zone of influence WPA shall be maintained as lawn
or woodland. No pesticides shall be applied within the zone of influence
WPA.
L. Wells abandoned, or no longer in use, shall be sealed according to
the standards set by the State of New York, in order to prevent potential
contamination to waters within the aquifers.