Definitions. For the purposes of this section only,
the following words shall be interpreted and defined as follows:
ABOVEGROUND STORAGE
Storage within a tank or other container whose volume is
more than 90% above final ground elevation.
AQUIFER
The water-saturated subsurface geologic formations which
can yield amounts of water to wells or springs and which now or subsequently
may be developed for use as a public water supply source.
BEST MANAGEMENT PRACTICES
Those methods and practices for the control, storage, handling
and use of chloride salt, herbicides, pesticides, fertilizers and
other toxic substances which are developed and adopted by the Village,
the New York State Department of Environmental Conservation, New York
State Department of Transportation, and the New York State Department
of Health.
CHLORIDE SALT
The solid compounds or solutions of potassium chloride (commonly
used as fertilizer), calcium chloride (commonly used for road maintenance
during the winter), or sodium chloride (commonly used for water-softener
regenerations).
DEVELOPMENT
Any existing or proposed man-made structure or activity on
or to improved or unimproved real estate, including but not limited
to the construction or reconstruction of buildings and/or structures,
excavation, dredging, filling, and/or grading.
ENVIRONMENTAL IMPACT STATEMENT
A written evaluation prepared by a permit applicant which
provides a description of a proposed project or development and a
detailed analysis of the magnitude and significance of its environmental
effects, as defined in 6 NYCRR Part 617.
FERTILIZER
Any commercially produced mixture generally containing phosphorus,
nitrogen and potassium or a combination of two of these elements or
a singular one for the same general purpose, i.e., intended for applications
to the ground or plants directly to increase nutrients to plants.
This includes natural and artificially produced fertilizers.
GROUNDWATER
Any water beneath the land surface in the saturated zone
that is under atmospheric or artesian pressure and that enters wells
and springs.
HAZARDOUS SUBSTANCE
Any substance listed as a hazardous substance in 6 NYCRR
Part 597, Hazardous Substance List, or a mixture thereof. In general,
a "hazardous substance" means any substance which:
(1)
Because of its quantity, concentration, or physical,
chemical, or infectious characteristics poses a significant hazard
to human health or safety if improperly treated, stored, transported,
disposed of, or otherwise managed;
(2)
Poses a present or potential hazard to the environment
when improperly treated, stored, transported, disposed of, or otherwise
managed;
(3)
Because of its toxicity or concentration within
biological chains, presents a demonstrated threat to biological life
cycles when released into the environment.
HAZARDOUS WASTE
Any waste, or combination of wastes, which are identified
or listed as hazardous pursuant to 6 NYCRR Part 371, Identification
and Listing of Hazardous Wastes. Hazardous wastes include but are
not limited to petroleum products, organic chemical solvents, heavy
metal sludges, acids with a pH less than or equal to 2.0, alkalies
with a pH greater than or equal to 12.5, radioactive substances, pathological
or infectious wastes, or any material exhibiting the characteristics
of ignitability, corrosivity, or reactivity, or fails the Toxicity
Characteristic Leaching Procedure (TCLP).
HERBICIDE
Any substance that by chemical reaction inhibits or destroys
plants. Use of herbicides includes actual use and not simply intended
use per the manufacturer.
HYDROGEOLOGIC CHARACTERISTICS
The characteristics that describe the hydrology and the geology
at a given site. This includes but is not limited by the type, permeability,
capability and origin of the surface and subsurface soil material;
depth, rate of recharge, direction of flow and yield of groundwater;
and depth to bedrock.
MANURE
Animal feces and urine, including commercially dehydrated
or partially dehydrated manure.
MUNICIPAL USE
Any lawful use or development of land undertaken by the Village
of Springville, the Town of Concord or the Springville-Griffith Institute
Central School District.
NONCONFORMING USE
A building, structure or use of land existing at the time
of enactment of this article or subsequent amendments which does not
conform to the regulations of the district or zone in which it is
situated.
PESTICIDE
Any substance used to destroy or inhibit the growth of pests,
such as rodents and insects.
PETROLEUM
Any petroleum-based oil of any kind which is liquid at 20°
C. under atmospheric pressure and has been refined, re-refined, or
otherwise processed for the purpose of being burned to produce heat
or energy; use as a motor fuel or lubricant; or use in the operation
of hydraulic equipment.
RADIATION
Ionizing radiation, i.e., an alpha particle, beta particle,
gamma ray, x-ray, neutron, high-speed proton, and any other atomic
particle, producing ionization, but does not include any sound or
radio wave, or visible infrared or ultraviolet light.
REFUSE
All putrescible and nonputrescible solid wastes, including
garbage, manure, rubbish, ashes, incinerator residue, street cleaning,
dead animals, offal and solid commercial and industrial wastes.
SEWAGE
Any liquid or solid waste matter from a domestic, commercial,
private or industrial establishment which is normally carried off
in sewers or waste pipes.
SLUDGE
Any solid, semi-solid or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply
treatment, or air pollution control facility. Sludge does not include
the treated effluent from a wastewater treatment plant.
SOLID WASTE
All putrescible and nonputrescible materials or substances
that are discarded, abandoned, rejected as being spent, useless, worthless
or in excess to the owners at the time of such discard or rejection,
including but not limited to garbage, refuse, industrial and commercial
waste, sludges from air or water treatment facilities, rubbish, tires,
ashes, contained gaseous material, incinerator residue, construction
and demolition debris, discarded vehicles and offal.
SPECIAL PERMIT
The temporary, final and new operation permits issued by
the Village Planning Board pursuant to compliance with this section.
STORAGE OF HAZARDOUS SUBSTANCES
The storage of virgin or waste chemical hazardous substances,
including petroleum products above or below the surface of the ground,
except that which is stored in the operating tank of a currently registered
motor vehicle, or that which is stored in quantities of five gallons
or five pounds dry bulk or less and held for lawful domestic use on
the premises where it is stored.
SURFACE WATER BODY
Those water bodies which are identified as drainage features
(perennial stream or river, intermittent stream, canals, ditches,
etc.), lakes, ponds, reservoirs, springs, or wetlands on United States
Geological Survey or New York State Department of Transportation 7.5-minute
topographic maps, United States Department of Agriculture soil survey
maps, or wetland maps by the New York State Department of Environmental
Conservation.
TREATMENT WORKS
Any treatment plant, sewer, disposal field, lagoon, pumping
station, septic system, construction 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.
UNDERGROUND STORAGE
Storage within a tank or other container whose volume is
10% or more beneath the surface of the ground.
VILLAGE
The Village of Springville, New York.
VIOLATION
The failure to comply with or conform to the provisions of
this section.
WELL
Any well now used as a source of the Village's water supply
as regulated pursuant to Public Health Law § 1100, and Title
10 (Health), § 113.6, of the Official Compilation of Codes,
Rules, and Regulations of the State of New York, or any additional
well which may be constructed within the district established by this
section and used a source of the Village's water supply.
WELLHEAD PROTECTION OVERLAY DISTRICT (WP-O)
That portion of the Village designated in Subsection
L of this section as being within the Wellhead Protection Overlay District and delineated upon the Village Wellhead Protection Overlay District Map, a copy of which is attached hereto and made a part hereof.