This chapter shall be known as the "Water Pollution Control Law of the
Town of Harrison."
It is declared to be the public policy of the Town of Harrison to preserve,
protect and conserve local waters (as hereinafter defined) in the Town of
Harrison that provide drinking water, to prevent the despoliation and destruction
of such local waters and to regulate the discharge or runoff of pollutants
into such local waters to avoid contamination of such local waters and to
ensure a future supply of safe and healthful drinking water, consistent with
the protection of the public health, safety and general welfare of the people
and property of the Town of Harrison. It is further declared to be the policy
of the Town Board of the Town of Harrison to exercise its authority pursuant
to § 10 of the New York State Municipal Home Rule Law, Section 313
of the Federal Water Pollution Control Act (33 U.S.C. § 1323), Section
319 of the Federal Water Pollution Control Act (33 U.S.C. § 1329),
and Safe Water Drinking Act's Surface Water Treatment Rule, 54 Fed. Reg.
27486 (June 29, 1989), as the same may be amended from time to time.
The following terms, phrases, words and their derivatives shall have
the meanings given herein, whether or not they are capitalized in the text:
AGENCY
The duly appointed Planning Board of the Town of Harrison as created
pursuant to § 271 of the Town Law.
APPLICANT
Any person who files an application for any permit issued by the
agency pursuant to this chapter, and includes the agent of the owner or a
contract vendor.
BOARD
The duly appointed Town Board of the Town of Harrison.
DISCHARGE
The addition of pollutants into the local waters from any source.
DRINKING WATER RESOURCE
Any body of surface or ground water now or hereafter used to provide
public drinking water through a governmental body or regulated public utility.
[Amended 12-16-1992 by L.L. No. 4-1992].
FWPCA
The Federal Water Pollution Control Act, 33 U.S.C. § 1251
et seq., as the same may be amended from time to time.
LOCAL WATER
Any and all public or private surface water, groundwater, wetland,
stream or tributary which is wholly or partially contained within, flows through
or borders upon the Town of Harrison and is either hydrologically connected,
directly or indirectly, to a drinking water resource in the Town of Harrison
or, directly or indirectly, provides or contributes to the quality or quantity
of a drinking water resource in the Town of Harrison; such waters to include,
without limitation, Rye Lake and any other waters in the Kensico Reservoir
and all of the wetlands, streams and tributaries thereto.
PERSON
Any individual, corporation, firm, partnership, association, trust,
estate, government, governmental authority or other entity, including, without
limitation, any agent, contract vendor or any other individual or entity acting
by or on behalf of any such person.
POLLUTANT
As defined in the FWPCA and the regulations promulgated thereunder,
including, without limitation, stormwater, dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste discharged
into water.
RUNOFF
The flow from, during or following precipitation (such as rain or
snow) into any local water, including, without limitation, stormwater (as
hereinafter defined).
SOURCE
Any improvement, structure or facility which results or may result
in the creation of 20,000 square feet or more of impervious surfaces (such
as pavement or rooftops), all or any portion of such improvement, structure
or facility which is in the water protection zone (as hereinafter defined).
STATE
The State of New York.
STORMWATER
Any flow of water occurring from, during or following any form of
natural precipitation, including, without limitation, stormwater runoff, snow
melt runoff, surface runoff, infiltration and drainage, provided that any
of the foregoing contains or transports any pollutant.
TOWN
The Town of Harrison.
WATER PROTECTION ZONE
Any area wholly or partially within the Town of Harrison and lying
within 500 feet of any local water.
WETLAND
Any land and water lying within the boundaries of the Town of Harrison which contain any of the characteristics set forth in §
149-4 of the Freshwater Wetlands Protection Law of the Town of Harrison.
[Amended 12-16-1992 by L.L. No. 4-1992]
No person shall construct or operate any source within the water protection
zone without first obtaining a permit pursuant to this chapter, except that
no such permit shall be required for any source which has been the subject
of an environmental assessment or environmental impact statement pursuant
to the State Environmental Quality Review Act (Environmental Conservation
Law, Article 8) in which the town or any one (1) of its departments, boards,
commissions, agencies or affiliates (including, without limitation, Westchester
Joint Water Works and Harrison Water District No. 1) acted as lead agency
and the impacts of the proposed source on any drinking water resource have
been considered in the course of such environmental assessment or impact statement.
Any public hearing held on a permit application received under this
chapter shall be conducted by the agency. The agency shall have full authority
to control the conduct and procedure of the hearing and shall be responsible
that a complete record of the hearing be kept. The public hearing shall be
held within the Town of Harrison.
In order to carry out the purposes and provisions of this chapter, the
agency shall have the following powers:
A. To adopt, amend and repeal, after public hearings, except
in the case of rules and regulations that relate to the organization or internal
management of the agency, such rules and regulations, consistent with this
chapter, as it may deem necessary to administer this chapter, and to do any
and all things necessary or convenient to carry out the purpose and policies
of this chapter.
B. To contract for professional and technical assistance
and advice, at the applicant's expense.
C. To hold hearings and subpoena witnesses in the exercise
of its powers, functions and duties provided for by this chapter.
This chapter shall be applicable to any source, the actual physical
construction or operation of which has not commenced on the effective date
of this chapter.