[HISTORY: Adopted by the Town Board of the Town of Harrison 6-6-1990
as L.L. No. 5-1990. Amendments noted where applicable.]
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.
A.
Local waters are invaluable water resources to the Town
of Harrison and those persons within its jurisdiction.
B.
The unregulated discharge or runoff of pollutants, directly
or indirectly, into local waters threatens the quality of local waters, posing
potential public health and safety hazards. Drinking water is in jeopardy
of being despoiled or impaired by such unregulated acts. Pollution from such
unregulated acts as stormwater runoff is known to be a leading cause of water
quality impairment. Stormwater runoff is heavily laden with toxic heavy metals,
pesticides, oil, salt and other damaging pollutants which cause cancer and
other serious human illnesses.
C.
The foregoing conclusions are confirmed by findings set
forth in the Nonpoint Source Management Program, dated January 1990, prepared
by the New York State Department of Environmental Conservation; the Water
Quality Management Plan of Westchester County, prepared pursuant to Section
208 of the Federal Pollution Control Act; the Report to Governor Thomas H.
Kean, the New Jersey State Legislature, and the Board of Public Utilities:
Evaluation and Recommendations Concerning Buffer Zones Around Public Water
Supply Reservoirs, dated December 1989, prepared by the New Jersey Department
of Environmental Protection; and Proposed Rules for National Pollutant Discharge
Elimination System Permit Application Regulations for Stormwater Discharges,
53 Fed. Reg. 49416 (December 7, 1988).
D.
Controlling the discharge and runoff of pollutants from
stormwater runoff or any other unregulated acts into local waters is a matter
of the Town of Harrison's concern. Unless measures are adopted to control
the discharge and runoff of pollutants into such local waters, discharge and
runoff will predictably occur with greater frequency and degree of hazard
by reason of increasing construction, commercial and industrial development,
population and vehicular traffic in the Town of Harrison.
E.
Any loss of drinking water deprives the people of the
Town of Harrison of a natural resource.
The following terms, phrases, words and their derivatives shall have
the meanings given herein, whether or not they are capitalized in the text:
The duly appointed Planning Board of the Town of Harrison as created
pursuant to § 271 of the Town Law.
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.
The duly appointed Town Board of the Town of Harrison.
The duly appointed Building Inspector of the Town of Harrison.
The addition of pollutants into the local waters from any source.
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].
The Federal Water Pollution Control Act, 33 U.S.C. § 1251
et seq., as the same may be amended from time to time.
The Town of Harrison.
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.
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.
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.
The flow from, during or following precipitation (such as rain or
snow) into any local water, including, without limitation, stormwater (as
hereinafter defined).
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).
The State of New York.
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.
The Town of Harrison.
Any area wholly or partially within the Town of Harrison and lying
within 500 feet of any local water.
[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.
A.
Any person proposing to construct or operate a source
requiring a permit under this chapter shall file an application for a permit
with the Clerk of the Town of Harrison. The Clerk shall immediately forward
such application to the agency.
B.
Form of application.
(1)
An application for a permit shall be filed by the applicant
on a form prescribed by the agency. Such application shall include a detailed
description of the source, a map showing the local water and the proposed
location of the source in relation thereto, a deed or other legal description
describing the subject property, the procedure (including, without limitation,
the equipment and personnel) the applicant intends to implement to assure
that no pollutants may run off or be discharged from the source into the local
water and such additional information as the agency deems sufficient to enable
it to make the findings and determinations required under this chapter.
(2)
The application shall be accompanied by a list of the
names of the owners of record of lands abutting the property on which the
proposed source is to be constructed and the names of known claimants of water
rights, of whom the applicant has notice, which relate to any land within
100 feet of the boundary of the property on which the source will be located.
(3)
An application shall not be deemed completed or received
until the agency determines that all such information, including, without
limitation, any additional information requested, has been supplied in a complete
and satisfactory form.
C.
The Clerk of the Town of Harrison shall cause a copy
of such completed application to be mailed to all local governments where
the proposed activity or any part thereof is located.
D.
Notice of application.
(1)
Within 30 days of its receipt of a completed application
for a permit regarding a proposed source, the agency shall direct the applicant
to publish a notice of application, at the applicant's expense, at least
once in each of at least two newspapers having a general circulation in the
Town of Harrison. Said notice of application shall be in a form prescribed
by the agency and shall specify that:
(a)
Persons wishing to object to the application should file
a notice of objection by a specified date, together with a statement of the
grounds of objection to the application, with the agency.
(b)
If no notices of objection are timely filed or the agency
has established that the procedures the applicant intends to implement assure
that the source will not cause any runoff or discharge of any pollutant into
the local water, then the agency, in its discretion, may determine that a
hearing is not necessary and dispense with the public hearing.
(c)
The application, including all documents and maps therewith,
is available for public inspection at the agency's office in the Town
of Harrison.
E.
Hearings to be held.
(1)
No sooner than 30 days and not later than 75 days after its receipt of a completed application for a permit regarding a proposed source, and after the publication of a notice of application pursuant to Subsection D of this section, the agency shall hold a public hearing on such application at a suitable location in the Town of Harrison, which hearing shall be held pursuant to § 230-7 of this chapter.
(2)
Notwithstanding the provisions of Subsection E(1) of this section, where no notice of objection to the notice of application published pursuant to Subsection D of this section shall have been filed within the time specified by that notice or where the agency determines that the applicant has established that the procedures the applicant intends to implement assure that the source will not cause any runoff or discharge of any pollutant into the local water, the agency may, in its discretion, dispense with such hearing. Where the agency finds that a public hearing is not necessary, it shall publish a decision setting forth its reasons therefor, which decision shall be mailed to each local government where the proposed source or any part thereof will be located. Public notice of such decision that a public hearing is not necessary shall be provided in the same manner as notice of application set forth in Subsection D of this section.
F.
Notice of hearing.
(1)
Within 45 days of receipt of a completed application,
the agency shall direct the applicant to publish a notice of hearing, at the
applicant's expense, at least 15 days prior to the date set for the hearing,
at least once in each of at least two newspapers of general circulation in
the Town of Harrison.
(2)
At least 15 days prior to the date set for the hearing,
the applicant, at its own cost and expense, shall, by certified mail, provide
a notice of hearing to each local government within whose boundaries the proposed
source or any portion thereof will be located.
(3)
At least 15 days prior to the date set for the hearing,
the applicant, at its cost and expense, shall, by certified mail, provide
notice of hearing to all owners of record of land abutting the property on
which the proposed source is to be constructed and to all known claimants
of water rights, of whom the applicant has notice, which relate to any land
within 100 feet of the boundary of the property on which the proposed source
will be located.
(4)
The notice of hearing shall:
(a)
State the name of the applicant.
(b)
Specify the location and outline the scope of the proposed
source, its proximity to local water and the procedures it intends to implement
to assure that no pollutants will discharge or run off from the source into
such local water.
(c)
Specify the date, time and place of the public hearing
on the application.
(d)
Specify that the application, including all documents
and maps therewith, is available for public inspection at the agency's
office in the Town of Harrison.
G.
The agency shall make the application, including all
documents and maps associated with it, available for public inspection at
the agency's office in the Town of Harrison.
H.
For any notice canceling a hearing which has been scheduled, notice shall be given by the applicant on the same basis as the notice of public hearing provided in Subsection F of this section.
I.
Required signage.
(1)
Within seven days following the applicant's submission
of an application, the applicant shall post a sign on the property where the
source is proposed to be located. Such sign shall be constructed with sturdy
and serviceable materials, at least 30 x 20 inches in size, in a location
clearly visible from the public street or highway upon which the property
fronts, but in no case more than 20 feet back from the front lot line. The
sign shall be at least six feet above the ground and shall read, as follows,
in legible lettering at least two inches high: A STRUCTURE IS PROPOSED TO
BE CONSTRUCTED ON THIS LAND. A PUBLIC HEARING ON THIS MATTER WILL BE HELD
BEFORE THE PLANNING BOARD ON (give date) AT 7:30 p.m. AT THE MUNICIPAL BUILDING.
(2)
The applicant shall, prior to the hearing, submit to
the agency an affidavit certifying to the fact and date of said posting.
J.
The agency may establish permit fees to assist in its
implementation of this chapter.
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.
A.
Public hearing held.
(1)
Where a public hearing has been held regarding a permit
application, the agency shall either issue the permit requested, with or without
conditions, or deny the application.
(2)
The decision by the agency to issue or deny a permit
after public hearing shall be based on the record of the hearing and shall
be made, in writing, within 45 days of the agency's receipt of the hearing
record.
B.
No public hearing held.
(1)
Where no public hearing regarding a permit application has been held because a hearing was determined not to be necessary pursuant to § 230-6E(2) of this chapter, the agency shall compile an official file consisting of documents submitted by the applicant and any additional documents relied on by the agency with respect to the application. The agency may also take notice of general, technical or scientific facts within the specialized knowledge of the agency. Any document made part of such official file shall be available for inspection by the applicant and any interested members of the public. On the basis of such file, the agency shall either issue the permit requested, with or without conditions, deny the application or order a public hearing to be held pursuant to the provisions of this chapter.
(2)
The decision by the agency to issue or deny a permit
or to order that a hearing be held shall be based on the official file and
shall be made, in writing, within 45 days of its completion of the official
file and, in any event, within 75 days of its receipt of a completed application,
provided that in the case where there have been no objections filed regarding
a proposed project, the issuance of a permit shall be deemed to be a written
decision by the agency.
C.
A copy of the decision of the agency on each application
for a permit under this chapter shall be mailed by the agency, as soon as
practicable following such decision, to the applicant and to each local government
within whose boundaries the proposed source or any portion thereof is located
and, if a public hearing has been held regarding the application, within five
days after its receipt of the decision, the applicant shall publish the decision,
at its own cost and expense, in at least two newspapers of general circulation
in the Town of Harrison.
A.
In granting, denying or conditioning any permit, the agency shall consider the effect of the proposed activity with reference to the public health and welfare and the protection or enhancement of the local water and the benefits derived therefrom which are set forth in § 230-3 of this chapter.
B.
No permit shall be issued by the agency pursuant to this
chapter unless the agency shall find that the proposed source will not cause
any discharge or runoff of any pollutant into any local water and the construction
and operation of said source is consistent with the policy of this chapter
to preserve and conserve the local water and the benefits derived therefrom,
to prevent the despoliation and destruction of the local water and to avoid
any contamination of the local water, and is consistent with the protection
of the public health, safety and general welfare of the people and property
of the town.
A.
Any permit issued pursuant to this chapter may be issued
with conditions. Such conditions may be attached as are necessary to assure
the preservation and protection of the local water, including, without limitation,
the construction and diligent maintenance of any structure or mechanism necessary
to control stormwater runoff to assure compliance with the policy and provisions
of this chapter and the provisions of any of the agency's rules and regulations
which may be adopted pursuant to this chapter.
B.
Every permit issued pursuant to this chapter shall contain
the following conditions:
(1)
The agency shall have the right to inspect the source
from time to time.
(2)
The permit shall be issued for a term of two years. Upon
expiration of the permit, a new permit may be issued by the agency, after
review by the agency in accordance with the applicable provisions herein,
after notice and opportunity for a public hearing as provided herein and upon
the condition that no pollutant will be discharged or run off from the source
into the local water as required by this chapter. Such renewal permit may
contain any conditions necessary to assure the preservation and protection
of the local water, including, without limitation, the construction and diligent
maintenance of any structure or mechanism necessary to control stormwater
runoff to assure compliance with the policy and provisions of this chapter
and the provisions of any agency's rules and regulations which may be
adopted pursuant to this chapter.
(3)
The permit holder shall notify the agency of the date
on which the construction of the source is to begin, at least five days in
advance of such date.
(4)
The agency's permit shall be prominently displayed
at the source during the construction and operation of the source.
C.
The agency shall set forth, in writing, in the file it
keeps regarding a permit application, its findings and reasons for all conditions
attached to any permit.
D.
The agency may summarily suspend or revoke a permit in
the form of a stop-work order, cease-and-desist order, order to show cause,
injunction or by similar relief if it reasonably appears that the applicant
has not complied with any of the conditions or limitations set forth in the
permit or has exceeded the scope of activity as set forth in the application
in such a way as to pose an imminent threat to public health and welfare.
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.
A.
To the greatest extent practicable, any public hearing held pursuant to § 230-7 of this chapter shall be incorporated with any public hearing required by or pursuant to the New York State Town Law, General Municipal Law or Environmental Conservation Law.
B.
No permit granted pursuant to this chapter shall remove
any person's obligation to comply in all respects with the applicable
provisions of any other federal, state or local law or regulation, including
but not limited to, the acquisition of any other required permit or approval.
A.
The agency may require that, prior to commencement of
work under any permit issued pursuant to this chapter, the permittee shall
post a bond with the agency, in an amount determined by the agency, to assure
the faithful compliance with the terms of such permit, for the indemnification
of the Town of Harrison for restoration costs resulting from failure to so
comply. Such bond shall be issued by a corporate surety authorized to do business
in the state and shall be in favor of the Town of Harrison. It shall remain
in effect until the agency certifies that the work has been completed in compliane
with the terms of the permit or the bond is released by the agency or a substitute
bond is provided.
B.
The agency shall set forth, in writing, in the file it
keeps regarding a permit application, its findings and reasons for imposing
a bond pursuant to this section.
A.
The agency or the Building Inspector may summarily suspend
or revoke a permit in the form of a stop-work order, cease-or-desist order,
order to show cause, injunction or by similar relief, if it reasonably appears
that the permittee has not complied with any or all terms of such permit,
has exceeded the authority granted in the permit or has failed to undertake
the construction or operation of the source in the manner set forth in the
application, in such a way as to pose an imminent threat to the public health
and welfare.
B.
The agency shall set forth, in writing, in the file it
keeps regarding a permit application, its or the Building Inspector's
findings and reasons for revoking or suspending a permit pursuant to this
section.
A.
Any person who violates, disobeys or disregards any provision
of this compliance, including any provision of any permit issued pursuant
to this chapter or any rule or regulation adopted by the agency pursuant to
this chapter, shall be liable for an offense punishable by a fine not exceeding
$100 for every such violation or imprisonment for a period not exceeding 15
days. For the purpose of commencing such prosecution, the Building Inspector
is authorized to issue an appearance ticket or such other process as hereafter
may be authorized by law, the disobedience of which shall constitute a separate
and independent violation. Each day's continued violation of any provision
of this chapter shall constitute an additional violation. Civil penalties
shall be recoverable by suit brought by the town, and such penalties shall
be retained by the town.
B.
In addition to any method of enforcement provided above,
the town, on behalf of the agency, shall have the right to seek equitable
relief to restrain any violation or threatened violation of any provisions
of this chapter by any legal means, including, without limitation, terminating
the authority it granted for the construction or operation of the source or
using the bond posted with the agency to construct and operate temporary control
facilities to control stormwater runoff and assure compliance with the provisions
of this chapter.
A.
Any decision or order of the agency or any officer or
employee thereof made pursuant to or within the scope of this chapter may
be reviewed by the Board, at the insistance of any person affected thereby,
including but not limited to, any owner of the property on which the source
is proposed to be located or abutting area and any resident or citizen of
the Town of Harrison, provided that such review is commenced by the filing
with the Board of a notice of review within 30 days after service of such
order or notice of such decision given, as the case may be.
B.
The institution of a judicial proceeding to review a
determination or order of the agency shall preclude the institution of a proceeding
before the Board to review such a determination or order. The availability
of such review by the Board shall not affect the right of any person to seek
review of a determination of the agency as provided in Article 78 of the State
Civil Practice Law and Rules.
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.
