The following words shall have the meanings
indicated:
ABOVEGROUND STORAGE FACILITY
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.
BOARD
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."
BULK STORAGE
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.
CHLORIDE SALT
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.
FERTILIZER
Any commercially produced mixture generally containing phosphorus,
nitrogen and/or potassium which is applied to the ground to provide
nutrients to plants.
FUNGICIDE
Any substance used to destroy or inhibit fungus growth.
GENERAL AQUIFER RECHARGE ZONE
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.)
GROUNDWATER
The slowly moving subsurface water resources present in the
aquifer.
HAZARDOUS MATERIAL
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.
HERBICIDE
Any man-made substance used to destroy or inhibit plant growth.
LINEAR DISTANCE
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.
MUNICIPAL WATER PURVEYOR
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."
NONCONFORMING USE
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.
ON-SITE DISPOSAL SYSTEM
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.
OPEN STORAGE
The holding of a material in such a way which permits exposure
to the elements of nature.
PESTICIDE
Any man-made substance used to destroy or inhibit pests such
as rodents and insects.
PRIMARY RECHARGE ZONE
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.
PROTECTION ZONES
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.
RADIATION
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.
RADIOACTIVE MATERIAL
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.
SALVAGE YARDS
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.
SCHENECTADY AQUIFER
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.
SEPTAGE
Residue removed from wastewater disposal systems.
SEWAGE
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.
SLUDGE
The solid residue resulting from a municipal or industrial
process of wastewater or water treatment.
SOLID WASTE
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.
SOLID WASTE MANAGEMENT FACILITY
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.
SPILL
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.
TOXIC SUBSTANCE
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.
TRIBUTARY WATERSHED ZONE
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.)
UNDERGROUND INJECTION
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.
UNDERGROUND STORAGE FACILITY
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.
WASTE TREATMENT FACILITY
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.
WATER BODY
Any river, stream, spring, pond, lake, reservoir or channel
of water or any man-made culvert which flows directly into one of
the aforementioned.
WELLHEAD PROTECTION ZONE
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.)
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.
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.