A.
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).
B.
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.
A.
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.
B.
Any activity requiring a permit from the New York State
Department of Environmental Conservation or the United States Environmental
Protection Agency.
C.
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:
A.
Name, address and telephone number of the applicant.
B.
If the applicant is a corporation, the names, addresses
and telephone numbers of all the corporate officers and directors.
C.
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.
D.
Copies of any permits and applications to the New York
State Department of Environmental Conservation or the United States Environmental
Protection Agency.
E.
One completed original and two copies of the Village
of Endicott groundwater protection form.
F.
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.
G.
An aquifer permit fee of $50.
A.
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.
B.
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.