The Schenectady (Great Flats) Aquifer is arguably
the most important natural resource to the Town of Glenville and Schenectady
County. Since the aquifer is the sole source of drinking water to
over 150,000 county residents and roughly 16,000 Glenville residents,
it is imperative that this resource be protected from potential contamination.
It is, therefore, the intent of these regulations to minimize the
likelihood of incompatible land uses from locating in the various
recharge areas of the aquifer.
[Amended 4-18-2007 by L.L. No. 3-2007]
This article shall apply to any lands, premises
and uses within the respective protection zones created by Article
11, Title 1, §§ 1100-1107 of the NYS Public Health
Law and shown on the Intermunicipal Watershed Rules and Regulations
Schenectady Aquifer Protection Zones Map, Plate No. 1, dated February
1990, and the Intermunicipal Watershed Rules and Regulations Municipal
Property Inventory Maps dated February 1990. Said map, or series of
maps, all notations or other information shown thereon are part of
this article and are located in the office of the Town Clerk. This
article is intended to be superimposed on the existing underlying
zoning districts to supplement the underlying development standards
with additional requirements designed to protect the aquifer and the
municipal water supply. This article shall in no way exempt any existing
or proposed land uses or development activities from complying with
the Intermunicipal Watershed Rules and Regulations contained in Article
11, Title 1, §§ 1100-1107 of the NYS Public Health Law.
A.
The manufacture, use, storage, disposal or discharge
of any products, materials or by-products, such as wastewater, solid
waste, hazardous waste or any pollutant, within the identified protection
zones which may adversely affect the quality of water supply sources
must conform to the requirements of these rules. Where groundwater
deterioration is likely to be caused by land development, municipal
officials shall ensure that appropriate zoning or other controls are
carried out to prevent groundwater contamination.
B.
Accidental spills.
(1)
Within any of the herein defined protection zones, any person who is the owner of, or in actual or constructive possession or control of, a hazardous 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 Article II, of any petroleum, hazardous material, toxic substance or radioactive material to the ground surface or any water body, which is likely to have any adverse effect on water quality or quantity, shall notify the appropriate municipal water purveyor, and the New York State Departments of Environmental Conservation and Health, as described in the following Subsections B(2) and (3) of this section. The municipal water purveyor shall notify all other appropriate agencies and the Watershed Board of any spill.
(2)
All spills shall be reported to the appropriate municipal
water purveyor and the New York State Department of Environmental
Conservation within two hours of such spill, or when knowledge of
such spill is obtained, and shall be addressed in accordance with
the provisions of Article 12 of the Navigation Law, §§ 170
through 197, and Article 17 of the New York State Environmental Conservation
Law. Cleanup of spills is the responsibility of the owners; in case
of material in transit, cleanup is the responsibility of the carrier.
(3)
The State Department of Health shall be advised of
any spills within 12 hours.
C.
SPDES permits. Within any of the protection zones,
all applicants for the permit pursuant to the New York State Pollutant
Discharge Elimination System (SPDES) shall simultaneously submit a
copy of the application to the New York State Department of Environmental
Conservation and the appropriate municipal water purveyor. The municipal
water purveyor shall send a copy of this application to the Watershed
Board for its information.
D.
Exceptions. Exception to the rules and regulations
may be granted by the Commissioner of the New York State Department
of Health after appropriate study and review, based on prior usage
and unique local conditions if, in his judgment, the health and safety
of the consuming public will be protected because of treatment provided
or other remedial action taken. Such exceptions shall be in writing.
Hearings may be held at the Commissioner's discretion.
E.
Protection zone boundary adjustments.
(1)
When the location of a protection zone boundary, as
shown on the adopted Schenectady Aquifer Protection Zone Maps, Plate
#1, dated February, 1990, is disputed by any owner or abutter affected
by said boundary, the owner or abutter, at his own expense, may engage
a licensed engineer or professional hydrogeologist to conduct such
investigations as are necessary to determine if a discrepancy exists
in the mapped boundary.
(2)
The owner or abutter shall submit all pertinent findings
to the appropriate municipal water purveyor. The municipal water purveyor
shall transmit the submission to the Watershed Board. The Watershed
Board shall investigate and hear evidence regarding the proposed adjustment
and make a recommendation to the appropriate municipality. The appropriate
municipality shall, in turn, hear evidence regarding the proposed
boundary zone adjustment and make a recommendation to the Commissioner.
The Commissioner shall act to grant, grant with conditions or deny
a boundary adjustment request.
(3)
All amendments and adjustments to a protection zone
boundary or designation, granted by the Commissioner, shall be officially
recorded on the Intermunicipal Watershed Rules and Regulations Schenectady
Aquifer Protection Zones Maps, Plate #1, dated February, 1990. The
Board shall transmit to the Commissioner of the New York State Department
of Health a copy of any such recorded amendments or adjustments.
F.
Nonconforming buildings, structures and/or uses.
(2)
No nonconforming building, structure or use of land
shall be enlarged, altered or extended in any manner without a site
plan review and specific prior approval by the municipal water purveyor.
No nonconforming building, structure or use of land may be modified
in any way which is determined, by the local water purveyor, to increase
its threat to the groundwater or otherwise contravene the purpose
and intent of these Watershed Rules and Regulations; however, in no
event shall a nonconforming building, structure or use be permitted
to expand, enlarge or extend the capacity to store or handle any materials
or substances which may be a threat to the Schenectady Aquifer, including,
but not limited to, pesticides, fertilizers, chloride salt, septage,
sewage, sludge, solid waste, hazardous materials or radioactive materials.[1]
(3)
If any nonconforming use is stopped for a period of
six months of more, it shall permanently desist. Any new building,
structure or use of land shall conform to the purpose, intent and
literal provisions of this article and any amendment thereto. A nonconforming
use of land may only be changed to a conforming use of land.
G.
Compliance conditions.
(1)
Provide a written report to the appropriate municipal
water purveyor with the following information at least annually and/or
on the occurrence of the following:
(a)
Change in operation.
(b)
Any intended sale(s) of property.
(c)
Results of state agencies' programs, including,
without limitation, test results and audits from such programs as
Petroleum or Chemical Bulk Storage, Resources Conservation and Recovery
Act (RCRA), etc. The owner shall be responsible to immediately remove
the contamination from the aquifer.
(d)
Accidental spills (see § 270-38B of this article). Develop and carry out a plan to protect the aquifer from potential contamination associated with land use activities. The plan must be approved by the appropriate municipal water purveyor and must include:[2]
(2)
Should implementation of the plan described in Subsection G(1) above not prevent contamination of the aquifer or any portion thereof, the owner shall immediately cease the offending activity and initiate remedial actions to remove the contamination from the aquifer as required by the agency having jurisdiction.
A.
Zone I, Wellhead Protection. Except to the extent
that broader prohibitions or more stringent limitations and requirements
are set forth in this subsection, all regulations and provisions applicable
to Zones II, III and IV shall also apply to Zone I. In addition:
(1)
All land uses and development activities, other than
those directly connected with the pumping and treatment of public
water supplies, are prohibited, except for existing single-family
residences and existing transportation corridors, to which the relevant
restrictions of these regulations shall apply.
(2)
The storage or handling of any septage, sewage, sludge,
animal wastes, human excreta, hazardous material or radioactive material,
except for existing single-family residences, to which the relevant
restrictions of these regulations shall apply and except for fuels
and chemicals necessary for pumping and treatment of water supply
wells, is prohibited.
(3)
The bulk storage of coal or chloride salts is prohibited.
(4)
The use of pesticides for commercial/agricultural
purposes is prohibited.
(5)
No filling, excavation or dredging, other than those activities specifically referred to in Subsection A(1), above, is permitted without prior approval of the appropriate municipal purveyor. An application for such an approval must be accompanied by a site plan. The approval shall not be granted unless the applicant can demonstrate that the proposed activity will not result in adverse water quantity impacts or the contravention of water quality standards set forth in 6 NYCRR Part 703.
B.
Zone II, Primary Recharge. Except to the extent that
broader prohibitions or more stringent limitations and requirements
are set forth in this subsection, all regulations and provisions applicable
to Zones III and IV shall also apply to Zone II. In addition:
(1)
Uses that pose a substantial risk to groundwater quality
because of associated storage, use or handling of hazardous materials,
as defined by 6 NYCRR Part 595 and Part 612, are prohibited. These
uses include, but are not limited to, motor vehicle repair and body
shops, trucking or bus terminals, coin or commercial laundries, dry-cleaning
and dyeing establishments, furniture stripping and refinishing operations,
printing and photographic processing plants, salvage yards and the
storage for sale of gasoline, diesel fuel, heating oil, lubricants,
antifreeze, solvents or agricultural or industrial chemicals.
(2)
The commercial excavation or extraction of soils,
sands and gravels, except for those existing mining operations authorized
by the New York State Department of Environmental Conservation under
Article 23, Title 27 of the Environmental Conservation Law, is prohibited.
(3)
The introduction into an existing on-site disposal
system of any hazardous material is prohibited.
(4)
The establishment of any solid waste management or
waste treatment facility is prohibited.
(5)
The installation of any underground storage facility
is prohibited.
(6)
The interment of human or animal remains is prohibited.
(7)
The dumping or disposing of snow or ice collected
off site from roadways or parking areas is prohibited.
(8)
Approval is required from the appropriate municipal
building inspector before the installation of any new on-site disposal
system or the replacement or expansion of any existing on-site disposal
system. Conditions for approval shall include an approved engineering
plan, a site-specific soils analysis, verification of the site's percolation
rate and inspection of the site before backfilling. A copy of the
approval will be sent to the water purveyor.
(9)
The appropriate municipal water purveyor must be notified
before the spreading, application or use of any pesticide for commercial
and agricultural purposes. Notification shall include a description
of the area to be covered and identification of the type and volume
of the material to be used.
C.
Zone III, General Recharge. Except to the extent that
broader prohibitions or more stringent limitations and requirements
are set forth in this subsection, all regulations and provisions applicable
to Zone IV shall also apply to Zone III. In addition:
(1)
The construction, installation, maintenance or use
of any aboveground storage facility that discharges any petroleum
product, hazardous material or toxic substance into the groundwater
or into any water body except as allowed by a valid SPDES permit is
prohibited.
(2)
The establishment of any raw waste landfill, ash landfill,
construction/demolition landfill, junkyard, salvage yard or dump is
prohibited.
(3)
Underground injection is prohibited, with the sole
exception of underground injection activities specifically and directly
related to development or maintenance of water supply wells. Except
for single-family residences, proposals to undertake water supply,
well development or maintenance-related underground injection require
prior review and approval from the appropriate municipal water purveyor.
(4)
The aboveground discharge, land application or disposal
of any septage, sewage, sludge, animal wastes, animal remains or human
excreta is prohibited, except for agricultural uses consistent with
appropriate best management practices which have been endorsed by
the Watershed Board. (See the Schenectady Aquifer Schenectady Intermunicipal
Watershed Rules and Regulations Administrative Procedures Manual filed
at each municipal clerk's office.)
(5)
The dumping or disposing of snow or ice collected
off site from roadways or parking areas into or within 100 feet of
any water body is prohibited.
(6)
The open storage of pesticides for wholesale, retail
or commercial agricultural purposes is prohibited.
(7)
The bulk storage of coal or chloride salts is prohibited
except in structures designed to prevent the entrance of precipitation
and constructed on low-permeability pads which control seepage and
runoff.
(8)
The owner of any aboveground or underground storage
facility existing on the effective date of this article shall notify
the appropriate municipal water purveyor and all other appropriate
agencies of any leak or spill promptly on its discovery. The owner
shall immediately undertake any such actions as may be necessary to
prevent contamination of the groundwater. The municipal water purveyor
shall send this information to the Watershed Board and all other involved
or interested agencies.
(9)
The drilling, construction, installation, discontinuance
and abandonment of all individual or private water supply wells shall
comply with the requirements and standards of the Department of Health
(see 10 NYCRR Subpart 5-2).
(10)
Any underground storage facility that is out
of service for more than one year shall be removed. Any liquid residue
shall be removed from the facility and all connecting lines shall
be securely capped or plugged.
(11)
Sanitary sewer lines, pipes and mains shall
not allow exfiltration or infiltration to exceed 200 gallons per inch
of pipe diameter per mile per day for any section of the sewerage
system. (See Recommended Standards for Wastewater Facilities, 1990
Edition, Great Lakes-Upper Mississippi River Board of State Public
Health and Environmental Managers, Section 33.9.)
D.
Zone IV, Tributary Watershed.
(1)
The discharge or disposal of any hazardous material
or radioactive material except as may be authorized pursuant to a
permit issued by the New York State Department of Environmental Conservation
or the New York State Department of Health is prohibited.
(2)
The discharge, land application, burial or disposal
of any septage, sewage, sludge, animal wastes, animal remains or human
excreta within 100 feet of any water body is prohibited, except as
allowed by a valid permit issued by the New York State Department
of Environmental Conservation or the New York State Department of
Health or for agricultural uses consistent with appropriate best management
practices which have been endorsed by the Board. (See the Schenectady
Aquifer Schenectady Intermunicipal Watershed Rules and Regulations
Administrative Procedures Manual filed at each Municipal Clerk's office.)
(3)
The dumping or disposing of snow or ice collected
off site from roadways or parking areas within 50 feet linear distance
of any water body is prohibited.
(4)
The open storage of agricultural chemicals and pesticides
within 50 feet linear distance of any water body is prohibited.
(5)
The open storage of coal or chloride salts within
50 feet linear distance of any water body is prohibited.
A.
Each municipality which has protection zones, or portions
of protection zones, within its municipal jurisdiction shall make
periodic inspections of all properties within the boundaries of such
zones, consistent with all constitutional limitations, to verify conformance
with this article. These inspections shall be conducted by the municipal
water purveyor, or designated municipal official, having jurisdiction
at least one time annually. Before January 1 of each year the municipal
water purveyor shall make a report to the Board describing the results
of these inspections together with any other information relevant
to the enforcement and administration of this article.
B.
Information necessary to demonstrate compliance shall
be submitted at the request of the municipal water purveyor. The aforesaid
shall cause copies of any provisions violated to be served on the
person violating same, together with notices of such violations. If
said person does not immediately comply, the municipal water purveyor
shall promptly notify the Watershed Board and the State Commissioner
of Health of such violations.
C.
The Watershed Board shall make annual reports to the
State Commissioner of Health, before January 30, including such information
on number of inspections, violations found, notices served, violations
abated, the general condition of the resource and any other information
relevant to the enforcement and administration of this article.
A.
Standards. An owner who experiences practical difficulty
or unnecessary hardship because of the literal interpretation of the
provisions of this article may request a hearing by the Commissioner
of Health. The Commissioner may grant a variance from the requirements
of this article if the Commissioner finds that the health, welfare
and safety of the consuming public will be protected. In making this
determination, the Commissioner shall consider the following factors
and make findings regarding each:
(1)
Whether the use or activity to be authorized by the
waiver or variance is in harmony with the purpose and intent of this
article.
(2)
Whether a substantial change will be produced in the
general condition of the resource or a substantial risk to groundwater
quality or quantity will be created because of the variance.
(3)
Whether the hardship or difficulty can be alleviated
by some other method that is feasible for the applicant to pursue.
(4)
Whether the variance requested is the minimum variance
necessary to afford relief. To this end, the Health Department may
grant a lesser variance than that applied for.
(5)
Whether the hardship or difficulty has not been created
by the applicant.
B.
Decision of the Commissioner. The Commissioner may
request the municipal water purveyor and the Watershed Board to review
any application for a variance before reaching a determination regarding
the request. The Commissioner may impose such conditions as he may
deem necessary to serve the purpose and intent of this article.[1]
(1)
The Commissioner shall act on all requests within
60 days of a variance application. Failure to act within this sixty-day
period shall be deemed a denial of the application.
(2)
Every decision of the Health Department to grant,
grant with conditions or deny a variance request shall be made in
writing and served on the applicant and shall include all findings
made regarding the aforementioned factors. All conditions shall be
expressly set forth and the reasons for such conditions specified.
Violations of the conditions of a variance shall be a violation of
this article.
(3)
The issuance of a variance shall not authorize the
establishment or extension of any use nor the construction of any
structure but shall merely authorize the filing of an application
for any permit or approval that may be required by the municipality
within which such action is proposed.
C.
Variance application procedure. Applications for a
variance shall be submitted to the appropriate municipal water purveyor
by registered mail and shall contain at least the following information:
(1)
The applicant's name, address and his 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, along 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 sketch plan illustrating all proposed site alterations,
all structures existing on site, the existing uses and zoning of adjacent
parcels, site contours and drainage patterns.
(5)
A statement articulating the hardship or difficulty
imposed by the enforcement and administration of this article with
specific reference to the factors listed in this article.
(6)
A statement assessing the potential impact on groundwater
quality of the use or activity to be authorized by the waiver or variance.
[Amended 4-18-2007 by L.L. No. 3-2007]
A.
The Town Board hereby exercises its authority under
§ 10, Subdivision 1(ii)(d)(3), of the Municipal Home Rule
Law, and any other applicable provision of law now or hereinafter
enacted, to supersede the applicable provisions of § 268,
Subdivision 1, of the Town Law, and any other applicable or successor
law, in order to impose a penalty and fine structure that best reflects
the needs of the community and the importance of protecting the municipal
water supply. For each violation of the provisions of this article,
the owner, general agent, person in charge of the premises, architect,
engineer and/or contractor of the building, structure or premises
where such violation has been committed or exists shall be guilty
of an offense punishable by a fine or penalty of not less than $250
nor more than $5,000 or by imprisonment for a period not to exceed
six months or both, for a conviction of a first offense; upon conviction
of a second violation, where the offense is committed within a period
of five years of the first offense, a fine of not less than $1,000
nor more than $10,000 or by imprisonment for a period not to exceed
six months, or both; and upon conviction of a third or subsequent
violation where the offense is committed within a period of five nears
of the first and second offense, a fine of not less than $1,500 nor
more than $15,000 or by imprisonment for a period not to exceed six
months, or both. Each day such violation continues following notification
by the Town or service of a summons shall constitute a separate offense
punishable in like manner. The Town Board shall have such other remedies
as are allowable by law.
B.
Any person, firm or corporation who violates, disobeys,
refuses to comply with or resists the enforcement of any provision
of these Intermunicipal Watershed Rules and Regulations or the terms
of any permit or other approval granted hereunder shall also be subject
to those penalties specified in Article 11, Title 1, § 1103,
of NYS Public Health Law as may be applicable, in addition to the
penalties enumerated herein.
[1]
Editor's Note: Former § 270-43,
Amendments, was repealed 4-18-2007 by L.L. No. 3-2007.