[HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
189a Schedule A
[Adopted 7-26-2007 by L.L. No. 4-2007]
This chapter shall be known and cited as Town of East Fishkill "Local Law No. 4 of the Year 2007, entitled "Mandatory Private Well Testing" in the Town of East Fishkill.
The Town Board of the Town of East Fishkill enacts this chapter to establish water quality standards for residential and nonresidential private water sources not otherwise regulated by Part 5 of the New York State Sanitary Code for the protection of and for the health, safety and welfare of the residents of the Town of East Fishkill.
A. 
This chapter is enacted pursuant to the powers vested in the Town of East Fishkill by Municipal Home Rule Law § 10, Town Law § 130, Subdivision 5, and Public Health Law §§ 302, 308 and 347, Subdivision 1c.
B. 
The Town Board of the Town of East Fishkill enacts this chapter for purposes of requiring mandatory private well testing for all properties in the Town of East Fishkill that rely on a private water supply which is utilized for purposes of human consumption. It is also the purpose of this chapter to establish minimum water quality standards for private water sources servicing residential and nonresidential properties, and to mandate water testing standards to assure purchasers and tenants of residential and nonresidential properties serviced by private wells that the water supplied to these properties will be potable and free from harmful contaminants. These water quality standards will also apply to multifamily residential properties and commercial properties not otherwise subject to regulation and testing pursuant to Part 5 of the New York State Sanitary Code. The water test results shall be filed with the Town of East Fishkill Building Department and the Dutchess County Health Department and will also serve as a data base for identifying potential problem areas of contamination within the Town.
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
A. 
General definitions:
COMMUNITY WATER SYSTEM
A public water system which serves at least five service connections used by year-round residents or regularly serves at least 25 year-round residents, as defined in § 5-1.1 of the New York State Sanitary Code.
EAST FISHKILL WELL-TESTING PROTOCOL
Standards, procedures, test parameters and maximum contaminant levels for all well water used for human consumption in the Town of East Fishkill.
MULTIFAMILY RESIDENTIAL RENTAL PROPERTY
Residential property containing three or more rental units.
NONCOMMUNITY WATER SYSTEM
A public water system that is not a community water system, as defined in § 5-1.1 of the New York State Sanitary Code.
NONRESIDENTIAL BUILDING
Any structure which is wholly or partially used or intended to be used and occupied for commercial purposes, including but not limited to office buildings, stores, markets, shops and malls engaged in retail sales, marinas, restaurants, clubs, gas stations, or car dealerships, etc., which establishments have a water system intended for human consumption.
NONTRANSIENT NONCOMMUNITY WATER SYSTEM
A public water system that is not a community water system but is a subset of a noncommunity water system that regularly serves at least 25 of the same people, four hours or more per day, for four or more days per week, for 26 or more weeks per year, as defined in § 5-1.1 of the New York State Sanitary Code.
POTABLE WATER
Water suitable for drinking and fit for human consumption in accordance with standards established by the Dutchess County Department of Health and the New York State Department of Health.
PRIVATE WATER SUPPLY
Any water supply utilized for the purposes of human consumption not identified as a public water supply by § 189-5 of this chapter or by Part 5 of the New York State Sanitary Code.
PUBLIC WATER SYSTEM
A community or noncommunity or nontransient noncommunity water system which provides water to the public for human consumption through pipes or other constructed conveyances if such system has at least five service connections or regularly serves an average of least 25 individuals daily at least 60 days out of the year. Such term includes:
(1) 
Collection, treatment, storage and distribution facilities under control of the supplier of water of such system and used with such system; and
(2) 
Collection or pre-treatment storage facilities not under such control which are used with such system.
PURCHASER
"Purchaser" and "buyer" shall have the same meaning and shall mean a purchaser or buyer of real estate pursuant to a written contract.
RESIDENTIAL PROPERTY
Any owner-occupied one- or two-family dwelling unit(s).
RESIDENTIAL RENTAL PROPERTY
Any "dwelling" or "dwelling unit" [as those terms are defined in Article 21 of the Dutchess County Sanitary Code at Section 21.1(G) and 21.1 (H)] which is nonowner occupied and for which rent or consideration is periodically paid to the owner and otherwise does not constitute a multifamily residential real property.
SELLER AND PURCHASER
Shall include both male and female and be considered single or plural depending on the context. The terms shall also include legal entities and organizations.
TENANT
Any person or entity who leases property for either residential or commercial purposes.
WELL
Privately owned well used to supply potable drinking water to residential premises or nonresidential establishments; it does not include wells that supply water pursuant to § 5-1.1 of New York State Sanitary Code as a community water system or a noncommunity water system.
B. 
This chapter hereby adopts the definitions contained in the New York State Sanitary Code Part 5 and contained in the Town of East Fishkill Code as the same may be amended hereafter from time to time.
A. 
Residential properties.
(1) 
Well testing is hereby required for all one- and two-family residential properties which are provided with water from a private water source; said testing to occur prior to a sale or exchange of the property. The parties shall be free to contractually allocate the cost of such testing.
(2) 
A copy of the certified test results shall be sent to the parties and shall be filed with the Town of East Fishkill Building Department, which Department will file a copy with the Dutchess County Health Department, and shall be valid for 36 months and may be used for subsequent sales/purchases or exchanges within said 36 month period.
B. 
Multifamily and nonresidential properties and residential rental property.
(1) 
Multifamily and nonresidential properties and residential rental property not otherwise exempted under this chapter shall be required to test their private wells within 12 months of the effective date of this chapter. A copy of the certified test results shall be sent to the parties, tenants or occupants and shall be filed with the Town of East Fishkill Building Department and said Department will file a copy with the Dutchess County Health Department and shall be valid for a three-year period. At the end of the three-year period, a new well test shall be required.
A. 
Each water sample shall be analyzed in accordance with the East Fishkill Well-Testing Protocol (the Protocol) made a part of this chapter, copies of which shall be kept on file with the Town Clerk.[1] The Town Board reserves the right to amend the East Fishkill Well Testing Protocol by resolution.
[1]
Editor's Note: Said Protocol appears at the end of this chapter.
B. 
Analytic testing and collection with proper chain of custody shall be performed by a New York State certified laboratory and shall conform to the rules and regulations of the New York State Department of Health.
C. 
The required test parameters will have the same maximum contaminant levels as set forth in Part 5 of the New York State Sanitary Code for public water supplies.
D. 
Copies of the test results shall be sent to the parties, tenants or occupants and shall be filed with the Town of East Fishkill Building Department and a copy forwarded to the Dutchess County Department of Health. Test results shall also be available for public inspection and reproduction in the same manner as other public documents.
Any property which is serviced by a community and/or noncommunity water system as defined herein and in § 5-1.1 of the New York State Sanitary Code which is already regulated and subject to testing shall be exempt from the requirements of this chapter.
A. 
The Town of East Fishkill Building Inspector, Code Enforcement Officers, Zoning Administrator, Deputy Zoning Administrator and the Fire Inspector shall enforce the provisions of this chapter.
B. 
The Town of East Fishkill Building Department shall be prohibited from releasing the results of any Building Department or certificate of occupancy search to either buyer/seller, title company or their agent, until the required certified test results have been filed with the Town Building Department.
C. 
Any property required pursuant to this chapter to have well test results on file with the Town Building Department shall be ineligible for a building permit, certificate of occupancy/certificate of compliance, site plan review, subdivision review and/or ZBA variance review or interpretation until the required certified test results have been filed in accordance with the provisions of this chapter.
D. 
Prior to the issuance of the original certificate of occupancy, a test will be required.
A. 
For each violation of a provision of this chapter, the person violating the same shall be guilty of a violation and shall be subject to a fine in the amount set forth in the Code.
B. 
Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the Town in the amount set forth in the Code for each offense.
C. 
In addition to the above penalties, the Town Board may 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, and to recover the appropriate fines and penalties together with administrative fees and costs, including attorney's fees and disbursements.
D. 
Each violation will be punishable by a fine not to exceed $500 or a civil penalty not to exceed $1,000.
This chapter will be enforced by the Building Inspector, the Code Enforcement Officers, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of East Fishkill.