[Added 2-28-1990 by L.L. No. 6-1990]
A.
These rules and regulations herein set forth, duly
made and enacted in accordance with the provisions of §§ 1100
through 1107 of the New York State Public Health Law, shall apply
to the wells which comprise the sources of public water supply for
the following municipal jurisdictions in Schenectady County:
B.
These rules and regulations shall apply to any lands,
premises and uses within the respective protection zones created herein
and shown on the Intermunicipal Watershed Rules and Regulations Schenectady
Aquifer Protection Zones Map, Plate No. 2 and Plate No. 3, dated February
19, 1988, and the Intermunicipal Watershed Rules and Regulations Municipal
Property Inventory Maps. Said map or series of maps, all notations
or other information shown thereon are part of these rules and regulations
and are located in the office of the Town Clerk of the Town of Rotterdam.
These rules and regulations are intended to be superimposed upon the
existing land use laws of each municipality served by the Schenectady
Aquifer to augment and enhance those protective measures already in
place. These rules and regulations shall in no way affect the limitations
or requirements applicable in the underlying municipal land use and
zoning districts.
As used in this article, the following terms
shall have the meanings indicated:
Any tank, pipe or other vessel, used singularly or in combination,
at least 90% of which is above the surface of the ground and is used
for the purpose of material holding, storage or containment.
The Intermunicipal Watershed Rules and Regulations Board,
comprised of the chief elected official of each of the municipal jurisdictions
in Schenectady County served by the Schenectady Aquifer and established
to enforce and administer these rules and regulations and to conduct
the central review function of actions taking place within the designated
protection zones. The Board was established by adoption of An Agreement
for Intermunicipal Cooperation for an Aquifer Protection Program and
was previously known as the "Watershed Committee."
[Amended 5-8-1991 by L.L. No. 2-1991]
The holding or containment of dry, semidry or liquid materials
in large quantities, either packaged or loose, usually dispensed in
smaller quantities for sale, use or consumption.
The solid compounds or solutions of potassium chloride (commonly
used as fertilizer), calcium chloride (commonly used for winter road
maintenance) or sodium chloride (commonly used for winter road maintenance
and water softener regeneration).
Any commercially produced mixture, generally containing phosphorus,
nitrogen and/or potassium, which is applied to the ground to provide
nutrients to plants.
Any substance used to destroy or inhibit fungus growth.
The land outside of the primary recharge zone through which
runoff and precipitation flow directly and rapidly into the ground,
also known as "Zone III." (See Schenectady Aquifer Protection Zones
Map, Plate No. 1).
The slowly moving subsurface water resources present in the
aquifer.
Any substance listed in regulations promulgated under authority
of either the Federal Resource Conservation and Recovery Act (RCRA)
or Comprehensive Environmental Response Compensation and Liability
Act or the New York State Environmental Conservation Law, Articles
40, 27 or 37 and amendments thereto, alone or in combination, including
but not limited to petroleum products, organic chemical solvents,
heavy metal sludges, acids with a pH less than or equal to two, alkalies
with a pH greater than or equal to 12.5, radioactive substances, pathogenic
or infectious wastes or any material exhibiting the characteristics
of ignitability, corrosivity, reactivity or Toxicity Characteristic
Leaching Procedure (TCLP) toxicity.
[Amended 5-8-1991 by L.L. No. 2-1991]
Any man-made substance used to destroy or inhibit plant growth.
Human feces and urine.
The shortest horizontal distance from the nearest point of
a structure or object to the boundary of any protection zone or to
the edge, margin or steep bank forming the ordinary high-water line
of a waterbody.
The local official or board responsible for the operation,
maintenance and provision of the public water supply in each of the
respective municipal jurisdictions served by the Schenectady Aquifer,
also to be known as the "Director of the Department of Water and Wastewater"
in the City of Schenectady, the "Superintendent of Public Works" in
the Village of Scotia, the "Superintendent of Water" in the Town of
Glenville, the "Commissioner of Public Works" in the Town of Niskayuna
and the Town Board of the Town of Rotterdam.
[Amended 8-28-1991 by L.L. No. 11-1991]
A building, structure or permitted use of land lawfully existing
at the time of the effective date of these rules and regulations or
any amendments thereto, and which does not conform to the standards
and prohibitions of the protection zone in which it is situated.
Any system used for the disposal of sewage, "industrial waste"
or "other wastes," as defined in § 17-0105 of Article 17
of the New York State Environmental Conservation Law, and including
sewer systems and sewage treatment works, on a site or parcel of land.
The holding of a material in such a way which permits exposure
to the elements of nature.
Any man-made substance used to destroy or inhibit pests such
as rodents and insects.
Those land areas of general aquifer recharge, also to be
known as "Zone II" (see Schenectady Aquifer Protection Zones Map,
Plate No. 1, and the Intermunicipal Watershed Rules and Regulations
Municipal Property Inventory Maps), that contribute groundwater to
the public wells, including and encompassing the Wellhead Protection
Zone.
Specific areas, also known as "Zones I through IV," that
define a hierarchy of aquifer-sensitive land as designated and described
herein and delineated on the Schenectady Aquifer Protection Zones
Map, Plate No. 1, and the Intermunicipal Watershed Rules and Regulations
Municipal Property Inventory Maps.
Ionizing radiation, that is, any alpha particle, beta particle,
gamma ray, X-ray, neutron, high-speed proton and any other atomic
particle producing ionization, but shall not mean any sound or radio
wave or visible, infrared or ultraviolet light.
Any material in any form regulated as a spontaneous emission
of radiation within 10 NYCRR Part 16.
An area where two or more unregistered, old or secondhand
motor vehicles are being accumulated for purposes of disposal, resale
of used parts or reclaiming certain materials such as metal, gas,
fabric and/or the like.
The saturated and overlying unsaturated geologic formations
generally existing in the Mohawk Valley lowland areas within the municipal
boundaries of the City of Schenectady, Village of Scotia and the Towns
of Rotterdam, Glenville, Niskayuna and Princetown.
[Amended 5-8-1991 by L.L. No. 2-1991]
Residue removed from wastewater disposal systems.
Any liquid, semiliquid or solid human or animal waste matter
from a domestic, commercial, private or industrial establishment or
other place, together with such groundwater infiltration and surface
water as may be present, including mixtures of sewage with industrial
wastes or other wastes as defined in § 17-0105 of Article
17 of the New York State Environmental Conservation Law.
The solid residue resulting from a municipal or industrial
process of wastewater or water treatment.
All putrescible and nonputrescible materials or substances
discarded or rejected, including but not limited to garbage, refuse,
industrial and commercial waste, sludges, ashes, contained gaseous
materials, incinerator residue, demolition and construction debris,
discarded automobiles and offal, but not including sewage and other
highly diluted waterborne materials.
Any facility employed beyond the initial solid waste collection
process and managing solid waste, including but not limited to storage
areas or facilities; transfer stations; rail-haul or barge-haul facilities;
landfills; disposal facilities; solid waste incinerators; landspreading
facilities; composting facilities; surface impoundments; and waste
oil storage, reprocessing, refining facilities, recyclables handling
and recovery facilities and waste tire storage facilities.
Any intentional or unintentional action or omission resulting
in an unpermitted releasing, spilling, discharging, leaking, pumping,
pouring, emitting, emptying or dumping of a petroleum product, toxic
substance or any other potentially hazardous material so that such
substances, products or materials may enter the environment.
Any compound or material which is or may be harmful to human
health, as defined by § 4801, Subdivision 2, of the New
York State Public Health Law.
Land outside the aquifer area that contributes runoff overland
and/or through surface streams for groundwater recharge, also known
as "Zone IV." (See Schenectady Aquifer Protection Zones Map, Plate
No. 1, and the Intermunicipal Watershed Rules and Regulations Municipal
Property Inventory Maps).
The emplacement of fluids into the subsurface of the earth,
including but not limited to radioactive hazardous and nonhazardous
waste, and the use of this procedure for the production of oil or
gas productions, the excavation of minerals or the emplacement of
fluids into the subsurface of the earth, with the exception of sanitary
wastewater discharges.
[Amended 5-8-1991 by L.L. No. 2-1991]
Any tank, pipe or other vessel at least 10% of which is beneath
the surface of the ground and is used for the purpose of material
holding, storage or containment, except those used for public water
and sewer.
Any facility used for the purpose of treating, neutralizing,
stabilizing or disposing of sewage, but excluding small-scale septic
systems and leachfields serving fewer than five residential units.
Any river, stream, spring, pond, lake, reservoir or channel
of water or any man-made culvert which flows directly into one of
the aforementioned.
The surface extent of the cone of depression, immediately
adjacent to the public wells, where groundwater is diverted to the
public wells, also known as "Zone I." (See Schenectady Aquifer Protection
Zone Maps, Plate No. 1, and the Intermunicipal Watershed Rules and
Regulations Municipal Property Inventory Maps.)
A.
Agency actions:
(1)
No state, county or local government agency having
jurisdiction shall perform any act nor grant any permit or approval
for any use or activity within any of the herein defined protection
zones which may result in the contravention of water quality standards
as set forth in regulations promulgated under authority of the New
York State Public Health law § 1100 regarding sources of
water supply, and the New York State Environmental Conservation Law,
Article 17, Water Pollution Control, and amendments thereto.
[Amended 5-8-1991 by L.L. No. 2-1991]
(2)
Where groundwater deterioration is likely to be caused
by land development, municipal officials shall ensure that appropriate
zoning or other controls are implemented to prevent groundwater contamination.
B.
Accidental spills. 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 substance 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 § 270-185 above, of any petroleum, hazardous material, toxic substance or radioactive material to the ground surface or any water body, which is likely to have an 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 Subsection B(1) and (2) of this section. The Municipal Water Purveyor shall notify all other appropriate agencies and the Board of any spill.
(1)
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 as soon as 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.
(2)
The State Department of Health shall be advised of
any spills within 12 hours.
C.
SPDES permits. Within any of the herein defined protection
zones, all applicants for a permit under 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 transmit a copy of this application to the Board
for its information.
D.
Exceptions. Exception to the rules and regulations
may be granted by the Commissioner 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 given to the applicant for such exception,
the Municipal Water Purveyor and the Board, in writing, and only after
a hearing on the question has been held.
E.
Protection zone boundary adjustments.
(1)
When the location of a protection zone boundary, as
shown on the adopted Protection Zones Map, is in dispute 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. 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
Board. The 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 the boundary adjustment request.
[Amended 5-8-1991 by L.L. No. 2-1991]
(2)
All amendments and adjustments to a protection zone
boundary or designation shall be officially recorded on the Intermunicipal
Watershed Rules and Regulations Protection Zones Map. The Board shall
transmit to the State Commissioner of Health a copy of any such recorded
amendments or adjustment.
F.
Nonconforming buildings, structures and/or uses.
(1)
Nonconforming buildings, structures and/or uses of land may be continued subject to the owner of such building, structure or use of land demonstrating compliance with conditions set forth in Subsection F(1)(a), (b) and (c) below:
(a)
Provide a written annual report with the following
information submitted to and approved by the appropriate Municipal
Water Purveyor:
(b)
Develop and implement a plan to protect the
aquifer from potential contaminations associated with land use activities.
[1]
This plan must include:
[a]
Restrictions or management of activities
on the property.
[b]
Dam/berm (revised drainage control)
planned.
[c]
Identification and development
of operating procedures for potential pollution activities (i.e.,
changing oil of a car).
[d]
Disposal procedure of toxic substance
or hazardous material.
[2]
The plan must be approved by the appropriate
Water Purveyor.
(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 Local Water Purveyor.
No nonconforming building, structure or use of land may be modified
in any way which is deemed 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 of land be
permitted to expand, enlarge or extend the capacity to store or handle
any materials or substances deemed to be a threat to the Schenectady
Aquifer, including but not limited to pesticides, herbicides, fungicides,
fertilizers, chloride salt, septage, sewage, sludge, solid waste,
hazardous materials, toxic materials or radioactive materials.
[Amended 5-8-1991 by L.L. No. 2-1991]
(3)
In the event that any nonconforming use is discontinued
for a period of six months or more, it shall permanently desist. Any
new building, structure or use of land shall conform to the purposes,
intent and literal provisions of these rules and regulations and any
amendment thereto. A nonconforming use of land may only be changed
to a conforming use of land.
A.
The discharge or disposal of any hazardous material,
toxic substance or radioactive materials is prohibited, except as
allowed by a valid permit per regulations promulgated under authority
of the New York State Environmental Conservation Law, Articles 1,
3, 8, 15, 17, 19, 23, 27, 52 and 70, and New York State Public Health
Law § 225 and amendments thereto.
[Amended 5-8-1991 by L.L. No. 2-1991]
B.
The discharge, land application, burial or disposal
of any septage, sewage, animal wastes, animal remains or human excreta
within 100 feet of any water body is prohibited, except as allowed
by a valid permit in accordance with regulations promulgated under
authority of the New York State Environmental Conservation Law, Articles
1, 3, 8, 15, 17, 19, 23, 27, 52 and 70, and the New York State Public
Health Law § 225, and amendments thereto.
C.
The dumping or disposing of snow or ice collected
off-site from roadways or parking areas is prohibited within 100 feet
of any water body.
D.
The open storage of agricultural chemicals, pesticides,
herbicides, fungicides and fertilizers within 100 feet linear distance
of any water body is prohibited.
E.
The open storage of coal or chloride salts within
100 feet linear distance of any water body is prohibited.
Except to the extent that broader prohibitions
or more stringent limitations and requirements are set forth in this
section, all regulations and provisions applicable to Zone IV shall
also apply to Zone III.
A.
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.
B.
The establishment of any raw waste landfill, ash landfill,
construction/demolition landfill, junkyard, salvage yard or dump is
prohibited.
C.
Any form of underground injection for any purpose
is prohibited, with the sole exception of underground injection activities
specifically and directly related to development or maintenance of
water supply wells. With the exception of 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.
D.
The aboveground discharge, land application or disposal
of any septage, sewage, sludge, animal wastes, animal remains or human
excreta is prohibited.
E.
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.
F.
The storage of pesticides, herbicides, fungicides
and fertilizers for wholesale, retail or commercial agricultural purposes
is prohibited unless authorization has been obtained from the New
York State Department of Environmental Conservation as provided by
Article 33 of the New York State Environmental Conservation Law. The
open storage of such material is prohibited.
G.
The bulk storage of coal or chloride salts is prohibited
except in a watertight ventilated structure constructed on an impervious
surface that prevents all seepage and runoff. To protect the structure's
contents from exposure to the weather, all entrances without permanent
doors shall be covered with a properly secured waterproof material.
Any outside areas used for loading, handling or mixing shall be constructed
of impervious material, sealed and diked in such a manner so as to
prevent all seepage and runoff from entering the groundwater or any
water body.
H.
The owner of any aboveground or underground storage
facility existing on the effective date of these rules and regulations
shall notify the appropriate Municipal Water Purveyor and all other
appropriate agencies of any leak or spill promptly upon 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 transmit this information to the Board and all other involved
or interested agencies.
I.
The drilling, construction, installation, discontinuance
and abandonment of all individual or private water supply wells shall
comply with the requirements and standards of the New York State Department
of Health.
J.
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.
K.
Sanitary sewer lines, pipes and mains shall meet the
tightness specifications set by the Water Pollution Control Federation.
Remedial measures shall be taken by the owner if there is evidence
of excessive exfiltration.
Except to the extent that broader prohibitions
or more stringent limitations and requirements are set forth in this
section, all regulations and provisions applicable to Zones IV and
III shall also apply to Zone II.
A.
Uses that pose a risk to groundwater quality due to
associated storage, use or handling of hazardous materials or toxic
substances, as defined by regulations promulgated under authority
of the New York State Environmental Conservation Law, Articles 3,
17, 37 or 40, and amendments thereto, are prohibited. These uses include
but are not limited to motor vehicle service or body shops; salvage
yards; trucking or bus terminals; coin or commercial laundries; on-site
processing relating to dry cleaning and dyeing establishments; furniture
stripping and refinishing operations; printing and photographic establishments;
the storage for sale of gasoline, diesel fuel, heating oil, lubricants,
antifreeze, solvents or agricultural or industrial chemicals.
[Amended 5-8-1991 by L.L. No. 2-1991]
B.
The commercial excavation or extraction of soils,
sands and gravels, with the exception of those existing mining operations
authorized by the New York State Department of Environmental Conservation
under Article 23, Title 27, of the New York State Environmental Conservation
Law, is prohibited.
C.
The introduction into an existing on-site disposal
system of any material that is potentially hazardous to groundwater
quality, including but not limited to petroleum products, solvents
or brines, is prohibited.
D.
The establishment of any solid waste management or
waste treatment facility is prohibited.
E.
The installation of any underground storage facility
is prohibited.
F.
The interment of human or animal remains is prohibited.
G.
The dumping or disposing of snow or ice collected
off-site from roadways or parking areas is prohibited.
H.
Approval is required from the appropriate municipal
authority having jurisdiction prior to the installation of any new
on-site septic disposal system or the replacement or expansion of
any existing on-site septic disposal system. Conditions for approval
shall include an engineering plan deemed acceptable by the Municipal
Building Inspector/Code Enforcement Officer and/or Engineer, 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 forwarded
to the Water Purveyor.[1]
I.
Approval is required from the appropriate Municipal
Water Purveyor prior to the spreading, application or use of any pesticide,
herbicide or fungicide for commercial agricultural purposes. Applications
for approval shall include a description of the area to be covered
and identification of the type and volume of the material to be used,
plus a full environmental assessment of the activity's potential to
contaminate the groundwater. A referral is required from the county's
Soil and Water Conservation District representative and the county's
Cooperative Extension Office representative prior to the spreading,
application or use of any pesticides, fungicides or herbicides by
any licensed applicator.
[Amended 5-8-1991 by L.L. No. 2-1991]
Except to the extent that broader prohibitions
or more stringent limitations and requirements are set forth in this
section, all regulations and provisions applicable to Zones IV, III
and II shall also apply to Zone I.
A.
All land uses and development activities other than
those directly connected with the pumping and treatment of public
water supplies are prohibited, with the exception of existing single-family
residences to which the relevant restrictions of these regulations
shall apply.
B.
The storage or handling of any septage, sewage, sludge,
animal wastes, human excreta, hazardous material, toxic substances
or radioactive materials, with the exception of 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.
C.
The bulk storage of coal or chloride salts is prohibited.
D.
The use of pesticides, herbicides, fungicides and
fertilizers for commercial/agricultural purposes is prohibited.
E.
No filling, excavation or dredging other than those activities specifically referenced in § 270-189B, is permitted in any manner without prior site plan review and specific approval by the appropriate Municipal Water Purveyor. Conditions for approval shall include certification and concurrence from the Local Water Purveyor that the activity shall not contravene water quality standards as set forth in regulations promulgated under authority of the New York State Environmental Conservation Law, Article 17, and amendments thereto, based upon an environmental assessment specifically addressing the need for the activity and its potential impact.
[Amended 5-8-1991 by L.L. No. 2-1991]
F.
All other use of pesticides, herbicides, fungicides
and fertilizers shall be in conformance with the application rates
recommended by the Cooperative Extension Association of Schenectady.
A.
Each Municipal Water Purveyor, by such agents as may
be charged with the maintenance or operation of the water supply system,
is authorized to make reasonable and periodic inspections of all properties
within the boundaries of the protection zones, consistent with all
constitutional limitations, to ascertain conformance with these intermunicipal
rules and regulations. Through the course of a year, the aforesaid
shall make regular reports to the Board describing the results of
these inspections, plus any other information relevant to the enforcement
and administration of these rules and regulations.
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 upon the
violator, together with notices of such violations. If said violator
does not immediately comply, the Municipal Water Purveyor shall take
any and all appropriate remedial action and shall promptly notify
the Board and the State Commissioner of Health of such violations.
C.
The Board shall make annual reports to the State Commissioner
of Health prior to the 30th day of January, including such information
as the 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 these rules and
regulations.
A.
Standards. An owner who experiences unnecessary hardship
as a consequence of the literal interpretation of the provisions of
these rules and regulations may request a hearing by the Commissioner
of Health. The Commissioner may grant a variance of the requirements
of the rules and regulations 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 with respect to each:
(1)
Whether the use or activity to be authorized by the
variance is in harmony with the purpose and intent of these rules
and regulations.
(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 as a result of the variance.
(3)
Whether the hardship can be alleviated by some other
method that is feasible for the applicant to pursue.
(4)
After considering all permitted uses, whether the
property in question cannot yield a reasonable return if used for
any purpose allowed in that protection zone.
(5)
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.
(6)
Whether the hardship has not been created by the applicant.
B.
Decision of the Commissioner. The Commissioner may
request the Municipal Water Purveyor and the Board to review any application
for a variance prior to reaching a determination with respect to the
request. The Commissioner may impose such conditions as he may deem
necessary to serve the purpose and intent of these rules and regulations.
(1)
The Commissioner shall act on all requests within
60 days of a complete 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 to the Board, the appropriate Municipal Water Purveyor
and the applicant and shall include all findings made with respect
to 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 deemed a violation of these
rules and regulations.
(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
in which such action is proposed.
C.
Variance application procedure. Applications for a
variance shall be submitted to the appropriate Municipal Water Purveyor
in the form of a registered letter 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, 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 imposed by the enforcement and administration of these rules and regulations, with specific reference to the factors listed in § 270-192A of these rules and regulations.
(6)
A statement assessing the potential impact on groundwater
quality of the use or activity to be authorized by the waiver or variance.
Any person, firm or corporation who violates
any provisions of these intermunicipal watershed rules and regulations
or a permit or other approval granted hereunder shall be subject to
those penalties specified in § 1103 of the New York State
Public Health Law. Any such violation may be enjoined subject to §§ 1104
and 1105 of the New York State Public Health Law.
A.
The Board, from time to time, on its own motion or
on a recommendation from any community in Schenectady County served
by the Schenectady Aquifer, may propose to amend, supplement or change
the provisions of these rules and regulations. In proposing any amendment,
supplement or change, the Board shall, in writing, state the reason
for such action.
B.
No amendment, supplement or change proposed by the
Board shall become a valid part of these rules and regulations until
it is duly adopted by resolution of the governing bodies of each of
the communities in Schenectady County served by the Schenectady Aquifer,
approved by the State Commissioner of Health and filed in the office
of the Secretary of State.
In the event that any section, paragraph or
part of these rules and regulations is for any reason declared invalid
or held unconstitutional by the courts, every other section, paragraph
and part shall continue in full force and effect.
[Added 5-8-1991 by L.L. No. 2-1991]
Procedures for the administration of these rules
and regulations are contained within the Schenectady Aquifer Schenectady
Intermunicipal Watershed Rules and Regulations Administrative Procedures
Manual. Such administrative procedures may be revised by the Board
as it deems necessary.
