No person shall perform any act which may result in the contravention of water quality standards contained in New York State Public Health Law (10 NYCRR Part 5) or New York State Environmental Conservation Law (6 NYCRR Part 703).
Owners of nonresidential water supply or monitoring wells shall provide the Village of Endicott with a map showing their location and a description of their use. The description shall include information on pumping capacity (if applicable), well depth, what the well is used for and its status (active or inactive). Water supply or monitoring wells not in use for a period of three or more years must be decommissioned in a manner satisfactory to the Village of Endicott.
Any development within the Village of Endicott Aquifer District that meets or exceeds the following criteria shall be allowed only upon obtaining a special permit from the Village of Endicott Planning Board.
Any use of property or change in use of property of any residence, business, industrial or intermunicipal operation which uses, distributes or stores petroleum products, toxic materials or hazardous materials when such distribution, storage or use exceeds 25 gallons per month or 220 pounds, whichever is less.
Any activity requiring a permit from the New York State Department of Environmental Conservation or the United States Environmental Protection Agency.
Any existing underground storage facility that has been substantially modified.
Applicants for a permit to develop in the Village of Endicott Aquifer District shall submit the following:
Name, address and telephone number of the applicant.
If the applicant is a corporation, the names, addresses and telephone numbers of all the corporate officers and directors.
Plans prepared by a professional engineer or architect licensed to practice in the State of New York which demonstrate that sufficient measures have been taken to prevent petroleum products, toxic materials or hazardous materials from contaminating the groundwater system.
Copies of any permits and applications to the New York State Department of Environmental Conservation or the United States Environmental Protection Agency.
One completed original and two copies of the Village of Endicott groundwater protection form.
Any other information that the Village of Endicott Planning Board shall request so as to have all facts before it prior to making its decision.
An aquifer permit fee of $50.
The lawful use of any development, or the use of any land existing at the time of the adoption of this chapter may be continued, although such use may not conform to the provisions of this section.
When a nonconforming use has ceased for a period of one year after the adoption of this chapter, any future use shall be in conformity with the provisions of this section.
The Planning Board may grant the permit, deny the permit or grant the permit with stated conditions. In the event that a permit is granted or granted with stated conditions, it shall be a requirement that the applicant use the best available means to prevent contamination of groundwater in the Aquifer District. The Village shall maintain continuing jurisdiction and the Planning Board shall have the power and authority to require the applicant to make such provisions as are necessary to update the development in order that it may be used in accordance with the then-prevailing state of technology. Prior to action on the permit, the application shall be referred to and a recommendation received from the Village of Endicott Wellhead Advisory Committee.
The applicant is responsible for amending an existing permit if petroleum products or hazardous or toxic materials not listed in the original permit are subsequently used or stored at the site or if there is a change in ownership.