[HISTORY: Adopted by the Council of the City
of Schenectady 7-22-1991 by Ord.
No. 91-31. Amendments noted where applicable.]
A.Â
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.Â
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. 1, dated February 1990, and
the Intermunicipal Watershed Rules and Regulations Municipal Property
Inventory Maps, dated February 1990. 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 Clerk of each
municipality and the county. 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.
The following words 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."
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 to be known as "Zone III." (See Schenectady Aquifer Protection
Zones Map, Plate No. 1, dated February 1990.)
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.
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 water body.
The local official responsible for the operation, maintenance
and provision of the public water supply in each of the communities
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 "Commissioner of
Public Works in the Town of Rotterdam."
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 waste, 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, dated February 1990, and the Intermunicipal Watershed
Rules and Regulations Municipal Property Inventory Maps, dated February
1990) 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, dated February 1990, and the Intermunicipal Watershed
Rules and Regulations Municipal Property Inventory Maps, dated February
1990.
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 regulations promulgated under authority of § 225
of the New York State Public Health Law or Articles 17, 19 or 27 of
the New York State Environmental Conservation Law, and amendments
thereto.
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.
Residue removed from wastewater disposal systems.
Any liquid, semiliquid or solid human or animal waste matter
from domestic, commercial, private or industrial establishments or
other places, 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, dated February 1990, and the Intermunicipal Watershed Rules
and Regulations Municipal Property Inventory Maps, dated February
1990.)
The emplacement of fluids into the subsurface of the earth,
including but not limited to radioactive hazardous and nonhazardous
waste, 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 waste
water discharges.
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, dated February 1990, and the Intermunicipal
Watershed Rules and Regulations Municipal Property Inventory Maps,
dated February 1990.)
A.Â
Agency actions:
(1)Â
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.
(2)Â
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.Â
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 § 256-2 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 affect on water quality or quantity shall notify the appropriate Municipal Water Purveyor, the New York State Department of Environmental Conservation and Department of Health, as described in the following Subsection B(1) and (2) of this subsection. The Municipal Water Purveyor shall notify all other appropriate agencies and the Board of any spill.
(1)Â
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)Â
The State Department of Health shall be advised of
any spills within 12 hours.
C.Â
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.Â
Exceptions. Exception to the rules and regulations
may be granted by the Commissioner of the New York State Department
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.[1]
[1]
Editor's Note: Ordinance No. 91-34, adopted
8-5-1991, temporarily amended this subsection to read as follows:
"Exceptions to the rules and regulations may be granted by the Board
after appropriate study and review, based on prior usage and unique
local conditions if, in its 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
Commissioner, in writing, and only after hearing on the question has
been held." Said Ord. No. 91-34 also provided that this temporary
amendment shall be in full force and effect until such time that the
New York State Department of Health adopts the Inter-municipal Watershed
Rules and Regulations and the Commissioner of Health assumes his/her
duties to enforce these regulations. At that time, the sections temporarily
superseded by this ordinance shall then take full force and effect.
E.Â
Protection zone boundary adjustment. 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.
(1)Â
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 a boundary adjustment
request.[2]
[2]
Editor's Note: Ordinance No. 91-34, adopted
8-5-1991, temporarily amended this subsection to read as follows:
"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 shall act to grant,
with condition, or deny a boundary adjustment request." Said Ord.
No. 91-34 also provided that this temporary amendment shall be in
full force and effect until such time that the New York State Department
of Health adopts the Intermunicipal Watershed Rules and Regulations
and the Commissioner of Health assumes his/her duties to enforce these
regulations. At that time, the sections temporarily superseded by
this ordinance shall then take full force and effect.
(2)Â
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 Commissioner of the New York State Department of Health
a copy of any such recorded amendments or adjustments.
F.Â
Nonconforming buildings, structures and/or uses.
(1)Â
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 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.
(2)Â
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 purpose,
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.
(3)Â
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(3)(a) through (e) of this section. The owner shall:
(a)Â
Provide a written annual report with the following
information submitted to and approved by the appropriate Municipal
Water Purveyor:
(b)Â
Develop and implement a plan to protect the
aquifer from potential contaminations associated with land use activities.
[1]Â
This plan must include:
[a]Â
Restrictions or management of activities on
the property.
[b]Â
Dam/berm (revised drainage control) planning.
[c]Â
Identification and development of operating
procedures for potential pollution activities (i.e., changing oil
of a car).
[d]Â
Disposal procedure for toxic substance or hazardous
material.
[2]Â
The plan must be approved by the appropriate
water purveyor.
A.Â
The discharge or disposal of any hazardous material,
toxic substance or radioactive material 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.
B.Â
The discharge, land application, burial or disposal
of any septage, sewage, sludge, 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.Â
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.Â
The open storage of agricultural chemicals, pesticides,
herbicides, fungicides and fertilizers within 100 feet linear distance
of any water body is prohibited.
E.Â
The open storage of coal or chloride salts within
100 feet linear distance of any water body is prohibited.
A.Â
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.
B.Â
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.
C.Â
The establishment of any raw waste landfill, ash landfill,
construction/demolition landfill, junkyard, salvage yard or dump is
prohibited.
D.Â
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 supplies 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.
E.Â
The aboveground discharge, land application or disposal
of any septage, sewage, sludge, animal wastes, animal remains or human
excreta is prohibited.
F.Â
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.
G.Â
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.
H.Â
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.
I.Â
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.
J.Â
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.
K.Â
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.
L.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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 brine, is prohibited.
E.Â
The establishment of any solid waste management or
waste treatment facility is prohibited.
F.Â
The installation of any underground storage facility
is prohibited.
G.Â
The interment of human or animal remains is prohibited.
H.Â
The dumping or disposing of snow or ice collected
off-site from roadways or parking areas is prohibited.
I.Â
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 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 Municipal Water Purveyor.
J.Â
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,
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, herbicides by any
licensed applicator.
A.Â
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.
B.Â
All land uses and development activities other than
those directly connected with the pumping and treatment of public
water supplies is prohibited, with the exception of existing single-family
residences to which the relevant restrictions of these regulations
shall apply.
C.Â
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 supplies wells, is prohibited.
D.Â
The bulk storage of coal or chloride salts is prohibited.
E.Â
The use of pesticides, herbicides, fungicides and
fertilizers for commercial/agricultural purposes is prohibited.
F.Â
No filling, excavation or dredging, other than those activities specifically referred to in § 256-6C above, 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 Public Health Law, § 1100 and 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.
G.Â
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.Â
Each municipality which has protection zones or portions
of protection zones within its municipal jurisdiction shall make periodic
inspections of all properties within the boundaries of such zones,
consistent with all constitutional limitations, to ascertain conformance
with these rules and regulations. These inspections shall be conducted
by the Municipal Water Purveyor or designated municipal official having
jurisdiction at least one time annually. Prior to January 1 of each
year, the Municipal Water Purveyor shall make a report to the Board
describing the results of these inspections, together with any other
information relevant to the enforcement and administration of these
rules and regulations.
B.Â
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.Â
The Board shall make annual reports to the Commissioner
of the New York State Department of Health, prior to the 30th day
of January, including such information as to 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.Â
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 the New York State Department 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)Â
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)Â
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)Â
Whether the hardship can be alleviated by some other
method that is feasible for the applicant to pursue.
(4)Â
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)Â
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)Â
Whether the hardship has not been created by the applicant.
B.Â
Decision of the Commissioner.[1]
(1)Â
The Commissioner of the New York State Department
of Health 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 it may deem necessary to serve the purpose and intent of these
rules and regulations.
(2)Â
The Commissioner of the New York State Department
of Health 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.
(3)Â
Every decision of the Commissioner of the New York
State Department of Health to grant, grant with conditions or deny
a variance request shall be made in writing and served to the Board,
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.
(4)Â
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.
[1]
Editor's Note: Ordinance No. 91-34, adopted
8-5-1991, temporarily amended this subsection to read as follows:
"(1) The Board may request the Municipal Water Purveyor and the Commissioner
to review any application for a variance prior to reaching a determination
with respect to the request. The Board may impose such conditions
as it may deem necessary to serve the purpose and intent of these
rules and regulations. The Board 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 Board to grant, with conditions, or deny
a variance request shall be made in writing and served to the Commissioner
of the New York State Department of Health, the appropriate Municipal
Water Purveyor and the applicant and shall include all findings with
respect to the aforementioned factors. All conditions 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." Said Ord. No. 91-34 also provided that temporary
amendment shall be in full force and effect until such time that the
New York State Department of Health adopts the Intermunicipal Watershed
Rules and Regulations and the Commissioner of Health assumes his/her
duties to enforce these regulations. At that time, the sections temporarily
superseded by this ordinance shall then take full force and effect.
C.Â
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)Â
The applicants 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)Â
The protection zone location, along with the street
address and legal description of the subject property.
(3)Â
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)Â
A site 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)Â
A statement articulating the hardship imposed by the enforcement and administration of these rules and regulations with specific reference to the factors listed in § 256-9A of these rules and regulations.
(6)Â
A statement assessing the potential impact on groundwater
quality of the use or activity to be authorized by the waiver or variance.
(7)Â
A plan and annual report as described in § 256-3F(3)(a) and (b).
Any person, firm or corporation who violates
any provisions of these Intermunicipal Watershed Rules and Regulations
or a permit of 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.Â
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 reasons
for such action.
B.Â
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 Commissioner of the New York State Department 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.
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.
