[Adopted 7-24-1989 by L.L. No. 5-1989]
The following constitutes the Water Supply Protection
Rules and Regulations of the Village of Croton-on-Hudson.
A.
The Village of Croton-on-Hudson's water supply is
obtained from sand and gravel deposits laid down in the Croton River
Valley. This valley-fill aquifer is the primary source of drinking
water for the Village of Croton-on-Hudson and is located in the northern
portion of the village. The area which contributes water to this aquifer
includes parts of both the Village of Croton-on-Hudson and the Town
of Cortlandt.
B.
River valley aquifers usually underlie the river and
form a band on either side of the stream. These bands extend for varying
distances upstream of smaller tributaries. Groundwater flow in valley-fill
aquifers is generally toward the river which forms the discharge point.
Groundwater flow patterns are modified by pumping wells which create
a cone of influence.
C.
Pollution of groundwater is more difficult to clean
up than pollution of surface water. Groundwater is afforded little
dilution because of the laminar flow which resists mixing and because
of the slow movement. Where water is withdrawn from the ground and
then returned for disposal, as with subsurface sewage disposal, contaminants
accumulate in the groundwater.
D.
Normal domestic activities, both residential and commercial,
result in the discharge, on a widespread basis, of small quantities
of nondegradable metals, salts, hydrocarbons, nitrates and other toxic
substances. Even small quantities of soluble organic chemical substances,
when discharged at or below the land surface, can migrate to the water
table and seriously contaminate the groundwater. Limitations of future
developmental density and strict management of the use of the land
in the Village of Croton-on-Hudson and the Town of Cortlandt, specifically
in the areas adjacent to the Croton River and the well field, are
essential to control potential pollutants and prevent degradation
of drinking water quality.
E.
The purpose of this Article is to preserve, protect
and maintain the existing purity and quality of the groundwater within
the Village of Croton-on-Hudson. It will establish protective land
use regulations for the watershed affecting the well field.
A.
There are three zones affecting the quality of the
aquifer, and a degree of regulation or management for each is required
if the water supply source is to be protected from contamination.
The three zones are defined as follows and are hereby established
in the map entitled "Zones of Groundwater Protection, Croton-on-Hudson
Well Field," which is hereby made a part of this Article and is to
be kept on file in the Village Office of the Village of Croton-on-Hudson.
[Amended 5-7-1990 by L.L.
No. 2-1990]
B.
This three-zone system will be superimposed on existing
land use zones. The requirements of the underlying districts shall
continue to apply. Permitted uses, except where prohibited by this
Article, shall also continue to apply. In the event of conflict between
this Article and any other regulation, the more restrictive requirements
shall control.
C.
The wellhead protection area is defined to be Zone
1 in the map entitled "Zones of Groundwater Protection, Croton-on-Hudson
Well Field" and includes at a minimum the area within 200 feet of
the well and the cone of influence.
[Amended 5-7-1990 by L.L.
No. 2-1990]
D.
The cone of influence is created when the drawdown
caused by pumping of the groundwater creates a pressure gradient which
induces a flow of groundwater toward the well. Any contaminant that
reaches the groundwater within this cone of influence will be drawn
to the well. This cone of influence may cause a disruption of the
normal groundwater flow patterns because water normally flowing parallel
to the well or downgradient from the well may be directed toward the
well.
E.
Additional protection is needed for groundwater supplies,
which are vulnerable to contaminant-generating activities outside
the wellhead protection area, such as area and river valley aquifers
where the waterbearing formations extend to the surface. Controls
over the recharge area and the watershed tributary (surface water)
to the recharge area are needed.
F.
The recharge area is the area where precipitation
rapidly infiltrates into the ground and into an aquifer where it will
flow towards the point(s) of withdrawal. Such aquifers are characterized
by water-bearing deposits of sand and gravel with high permeability
and porosity. Any contaminant-producing activity in this area will
travel rapidly to the groundwater.
G.
River valley aquifers are replenished not only by
direct infiltration of precipitation but also by runoff from that
portion of the watershed tributary to the recharge area, an area composed
of relatively impervious consolidated and unconsolidated material.
Typically, runoff flows overland and in defined stream beds until
reaching the recharge area where it seeps underground. In large streams,
water may flow through the recharge area in times of high water tables
and high flows. The large stream will generally have a continuous
flow of water. The exchange between surface and ground water will
take place either to the stream or to the aquifer, depending upon
water conditions, the location of withdrawal points and the relative
size of withdrawals.
A.
Water supply sources are subjected to contaminants
from the following sources:
(1)
Wastewater discharges to surface and ground water.
(2)
Improper handling and disposal of waste material.
(3)
Improper handling, storage and use of materials which
are or may be contaminating.
(4)
Accidental spills of contaminating material from storage,
during transit or during use.
(5)
Water, land and air resource use which may adversely
affect water quality.
B.
Public water supply sources have been contaminated
in numerous instances because of systems, facilities and activities
which were not properly managed or were not appropriately located
in relation to public water supply sources. The people of the State
of New York have a right to expect and the New York State Commissioner
of Health and Westchester County Commissioner of Health are obligated
to see that every reasonable precaution and measure is taken to protect
water supply sources from contamination and that safe drinking water
is available from public water supply sources and systems.
[Amended 5-7-1990 by L.L.
No. 2-1990]
C.
The aquifer protection is hereby extended over the
entire watershed as delineated in the map entitled "Zones of Groundwater
Protection, Croton-on-Hudson Well Field". The severest restrictions
apply to Zone 1, and the least severe restrictions apply to Zone 3.
With additional research, the zone boundaries may change. In this
case, the criteria used to set up the boundaries shall control.
[Amended 5-7-1990 by L.L.
No. 2-1990]
D.
In order to assure the adequate protection of sources
of public water supply, the Village of Croton-on-Hudson institutes
the promulgation of the following regulations.
Minimum requirements are hereby presented to
protect public water supply sources from contamination. All the activities
detailed below may not presently occur in the watershed, however,
this document will provide guidance in the future with continued growth
of the village.
As used in this Article, the following terms
shall have the meanings indicated:
The water-saturated subsurface geologic formations which
are now or may subsequently be developed for use as public water supply
sources, including the Croton River aquifer from which the village
takes its supply.
The land area where precipitation, snow and rain, percolates
directly through the ground to an aquifer. The "aquifer recharge area"
shall also be known as "Zone 2."
Those methods and practices which are developed and adopted
by the United States Environmental Protection Agency, the New York
State Department of Environmental Conservation and the County of Westchester
to control nonpoint and point sources of pollution.
The solid compounds or the solutions of potassium chloride
(commonly used as fertilizer), calcium chloride (commonly used for
winter road maintenance) or sodium chloride (halite) (commonly used
for winter road maintenance and water softener regeneration).
Unless otherwise stated, the Westchester County Commissioner
of Health.
[Added 5-7-1990 by L.L.
No. 2-1990]
Any receptacle for human excreta and/or kitchen waste which
is a self-contained unit requiring periodic removal of composted material.
The area where the drawdown of the groundwater, caused by
water withdrawal from the well, creates a pressure gradient which
induces a flow of groundwater toward the point of withdrawal.
The New York State Department of Environmental Conservation.
[Added 5-7-1990 by L.L.
No. 2-1990]
Unless otherwise specified, the Westchester County Department
of Health.
[Added 5-7-1990 by L.L.
No. 2-1990]
Unless otherwise specified, the New York State Department
of Transportation.
[Added 5-7-1990 by L.L.
No. 2-1990]
Unless otherwise specified, the New York State Environmental
Conservation Law.
[Added 5-7-1990 by L.L.
No. 2-1990]
As defined in 6 New York Codes, Rules and Regulations (NYCRR)
Part 617: a written evaluation prepared by a permit applicant which
provides a description of a proposed project or development and a
detailed analysis of its environmental effects.
[Amended 5-7-1990 by L.L.
No. 2-1990]
Any commercially produced mixture generally containing phosphorous,
nitrogen and potassium which is applied to the ground to increase
nutrients to plants.
The one-hundred-year high-water level of streams, ponds,
estuaries and lakes.
Any water beneath the land surface in the saturated zone
that is under atmospheric or artesian pressure and that enters wells
and springs.
Any substance used to destroy or inhibit plant growth.
Human feces and urine.
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, glass,
fabric and/or the like.
The distribution of municipal or industrial wastewater, by
spray irrigation or direct flow, over the land surface with or without
an underdrain system and point discharge(s).
The shortest horizontal distance from the nearest point of
a structure or object to the high-water mark of a reservoir or to
the edge, margin or steep bank forming the ordinary high-water line
of a watercourse.
The reservoirs used by the City of New York, including the
Croton reservoir system.
Pollutants resulting from facilities, systems and activities
which are not specifically covered by effluent permits issued under
Title 8, § 17-0803, of the New York State Environmental
Conservation Law.
Any substance used to destroy or inhibit pests, such as rodents
and insects.
Pollutants resulting from facilities, systems and activities
which are covered and operate under a permit issued pursuant to Title
8, § 17-0803, of the New York State Environmental Conservation
Law.
Dredge, spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, chemical waste, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar
dirt and industrial, municipal and agricultural waste discharged into
water.
Any material in any form that emits radiation spontaneously.
"Radiation" shall mean 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.
All putrescible and nonputrescible solid wastes, including
garbage, manure, rubbish, ashes, incinerator residue, street cleanings,
dead animals, offal and solid commercial and industrial wastes.
Land used for the depositing of refuse, except that it shall
not include the land used for the depositing of refuse from a single
family, a member of which is the owner, occupant or lessee of said
land, or any part of a farm on which only animal wastes resulting
from the operation of such farm are deposited.
Any natural or artificial lake or pond which is tributary
to or serves as a source of the community water supply.
That residue removed from on-site wastewater disposal systems.
Any liquid or solid waste matter from a domestic, commercial,
private or industrial establishment which is normally carried off
in sewers or waste pipes.
Any system used for disposing of sewage, including an on-site
disposal system and its seepage unit.
As defined in Article 39 of the New York State Environmental
Conservation Law.
Any and all natural lakes or man-made lakes created by impounding
a free-flowing watercourse which have the provision of potable water
as their sole intended use.
The solid residue resulting from a municipal or industrial
process or wastewater or water treatment which also produces a liquid
stream of effluent.
Water bodies with a surface area of 2.5 square miles or less.
A groundwater management zone as delineated herein. They
shall be designated "Zone 1," "Zone 2" and "Zone 3" for groundwater.
Any organic or inorganic substance, including but not limited
to petroleum derivatives; any metallic elements, including the transition
series; and any hazardous wastes which pose a substantial present
or potential threat of producing injury or disease upon exposure,
ingestion, inhalation or assimilation by a living organism.
Any treatment plant, sewer, disposal field, lagoon, pumping
station, septic system, constructed drainage ditch or surface water
intercepting ditch, incinerator, area devoted to sanitary landfill
or other works not specifically mentioned in this definition installed
for the purpose of treating, neutralizing, stabilizing or disposing
of sewage.
The Village of Croton-on-Hudson, New York.
[Added 5-7-1990 by L.L.
No. 2-1990]
Every spring, stream, marsh or channel of water of any kind
which flows or may flow into the community water supply.
That land area which contributes surface water to a specific
stream or lake or a delineated portion thereof.
That land area which is the tributary surface from which
the aquifer is replenished by runoff to the aquifer recharge area.
The "watershed tributary to the aquifer recharge area" shall also
be known as "Zone 3."
The public water supply of the community.
Any present and future artificial excavation used as a source
of public water supply which derives water from the intersticies of
the rocks or soils which it penetrates, including bored wells, drilled
wells and driven wells, and excluding ditches or tunnels that lead
ground water to the surface by gravity.
The area of the well field itself with a protective perimeter
around each of the wells. This shall be known also as "Zone 1."
The wellhead protection area as designated on the map entitled
"Zones of Groundwater Protection, Croton-on-Hudson Well Field."
[Amended 5-7-1990 by L.L.
No. 2-1990]
The aquifer recharge area as designated on the map entitled
"Zones of Groundwater Protection, Croton-on-Hudson Well Field."
[Amended 5-7-1990 by L.L.
No. 2-1990]
The watershed tributary to the aquifer recharge area as designated
on the map entitled "Zones of Groundwater Protection, Croton-on-Hudson
Well Field."
[Amended 5-7-1990 by L.L.
No. 2-1990]
A.
Surveillance zones shall be designated as Zones 1,
2 and 3 as indicated on the map entitled "Zones of Groundwater Protection,
Croton-on-Hudson Well Field."
[Amended 5-7-1990 by L.L.
No. 2-1990]
B.
Inspections shall be made by the Department of Health
and the water supply owner in accordance with the Part 5 regulations
of the New York State Sanitary Code.
C.
Permits and approvals by state agencies or political
subdivisions shall not be issued for the manufacture, use, storage,
disposal or discharge of any products, materials or by-products, such
as liquid or solid wastes within the zones which might adversely affect
water supply sources, including but not limited to a State Pollutant
Discharge and Elimination System (SPDES) permit; on-site disposal
systems; land application of wastewater; disposal wells; recharge
basins; landfills; septage and sludge disposal: hazardous materials
and toxic manufacture, storage, transportation, use and disposal;
radiological material; wastewater lagoons and pits; and pesticide
storage and use. All permits must be in conformance with this Article
and ensure that the standards for raw water quality as contained in
10 NYCRR 170 and 6 NYCRR 703 are met. No systems, facilities or activities
which would significantly degrade existing water quality are to be
permitted. All water suppliers in the area, regional health offices,
the Department of Health and the Commissioner of Health, the Water
Maintenance Foreman and/or the General Foreman for the village, the
Planning Board and Zoning Board of Appeals of the village and the
Village Engineer shall be afforded an opportunity to comment on the
permit applications for systems, facilities and activities in the
zones before action is taken, and copies of all permits issued shall
be sent to these agencies. Permit applications shall be sent to the
water supply interests within 10 days of receipt; 30 days shall be
allowed for review and comment by the interested agencies. No response
shall be considered as having no objections. Copies of permits issued
shall be sent to the interested agencies on the date of issuance.
[Amended 5-7-1990 by L.L.
No. 2-1990]
D.
Monitoring of water quality in the surveillance zones
shall be the responsibility of the village's Water Department. A monitoring
schedule shall be established that will develop an information base
to demonstrate both acute and chronic changes in water quality over
time. This requirement is in addition to monitoring intake raw water.
E.
Exceptions to the rules and regulations may be granted
by the Commissioner of Health after appropriate study and review,
based on prior usage or 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 in writing and only given after a hearing on the question
has been held.
F.
Environmental assessments shall be prepared by all
state and local agencies, covering all continuing program activities
and special projects within the surveillance zones that may adversely
affect water quality. The Commissioner of Health may require a full
environmental impact statement in accord with 6 NYCRR 617 if the environmental
review warrants. Any significant change in program activities requires
an environmental assessment. All program environmental assessments
shall be revised and updated every five years.
[Amended 5-7-1990 by L.L.
No. 2-1990]
G.
Potential water supply sources not yet developed and
utilized may have surveillance zones designated by the Commissioner
of Health to allow management of water bodies, watersheds and groundwater
recharge areas and to preserve water quality for water supply purposes,
provided that the New York State Commissioner of Environmental Conservation
has designated the specific water resources as a public water supply
reserve.
[Amended 5-7-1990 by L.L.
No. 2-1990]
H.
An inventory and census shall be initiated and updated
on a regular basis by the supplier of all systems, facilities and
activities in the surveillance zones that may contribute to water
supply source contamination, including but not limited to the following:
(1)
Land use.
(2)
Population.
(3)
On-site disposal systems.
(4)
Dwelling units.
(5)
Domestic animals.
(6)
Pesticide and herbicide storage and use.
(7)
Deicing salt storage and application.
(8)
Landfills and dumps.
(9)
Wastewater storage pits and lagoons.
(10)
Animal waste storage.
(11)
Land application of wastewater, sludge and septage
disposal.
(12)
Disposal wells.
(13)
Recharge basins.
(14)
Toxic waste manufacture, storage, transportation
and use.
(15)
Fertilizer storage and application.
(16)
Surface and underground storage of gasoline,
oil or other contaminating materials.
(17)
Commercial and industrial activity.
(18)
Point source discharges.
(19)
Storm sewer discharges.
(20)
Junkyards.
(21)
Agricultural activity.
(22)
Accidental spills.
(23)
Sediment generation and control practices.
(24)
Permits issued to regulate systems, facilities
and activities.
A.
Surveillance zones for groundwater sources. Zone 1
is the wellhead protection area. Zone 2 is the aquifer recharge area.
Zone 3 is the watershed area tributary to the recharge area.
B.
Specific regulations for Zone 1.
(1)
All land shall be protected and controlled through
direct ownership of the land or through the acquisition of protective
easements or other appropriate measures by the owner of the water
supply in order to prevent pollution of the ground or groundwater.
(2)
All systems, facilities and activities are prohibited
except for physical pumping and treatment facilities and controls.
The area shall not be used for any purpose other than public water
supply.
(3)
All wellheads and containment buildings must be in
conformance with federal, state and local floodplain management or
similar regulations or ordinances to prevent their contamination by
floodwaters. This area shall further be protected from pollution by
surface waters originating outside thereof by the construction of
suitable diversion ditches or embankments. The development of the
water sources shall be so carried out that there shall be no opportunity
for pollution to enter the water sources.
(4)
The physical pumping facilities and controls shall
be protected against damage from tampering by fencing or other suitable
enclosures or by their manner of construction and installation.
(5)
The area will be posted prohibiting trespass for any
purpose other than fishing as provided by the New York State Environmental
Conservation Law.
C.
Specific regulations for Zone 2.
(1)
On-site disposal systems.
(a)
All on-site disposal systems serving single-family
residences of 10 persons or less or with flows of less than 1,000
gallons per day shall be designed, installed and maintained in accordance
with the Sanitary Code and the standards promulgated in 10 NYCRR 75.
Westchester County Sanitary Codes and village laws shall also apply
if they contain more stringent standards.
[Amended 5-7-1990 by L.L.
No. 2-1990]
(b)
A permit is required prior to the installation
of any subsurface disposal system. This permit must be obtained from
the Department of Health. Conditions for a permit shall be reviewed
and approved by the village and shall include an approved engineering
plan, verification of the percolation rate by a disinterested party
and inspection of the installation prior to backfilling. Permits are
renewable on a five-year basis. All septic tanks shall be pumped clean
every five years or more often if conditions warrant.
[Amended 5-7-1990 by L.L.
No. 2-1990]
(c)
The applicable standards and permit requirements
of the Department of Environmental Conservation shall apply to systems
with flows in excess of 1,000 gallons per day or those which contain
industrial wastewater.
(d)
The use of sewage system cleaners or additives
is prohibited.
(e)
Where conditions warrant, water conservation
plumbing fixtures may be required, and nonessential water-using appliances,
such as garbage disposals, dishwashers and clothes washers, may be
prohibited.
(f)
Where there is evidence that chlorides and/or
nitrates are increasing at an undesirable rate, the density of subsurface
seepage systems may be prohibited or limited by requiring minimum
lot sizes or sewers for future development.
(g)
All composting toilets of the type that dispose
of human excreta, washwaters and sink wastes require a permit from
the Department of Health.
[Amended 5-7-1990 by L.L.
No. 2-1990]
(2)
Land application of wastewater. Land application of
wastewater is prohibited.
(3)
Disposal wells. Disposal wells are prohibited.
(4)
Stormwater runoff recharge basins. Use of recharge
basins is prohibited.
(5)
Snow disposal. The stockpiling of snow removed from
urban areas onto the ground surface is prohibited.
(6)
Refuse disposal areas and junkyards.
(a)
The establishment of refuse disposal areas and
junkyards is prohibited. The continued operation of existing refuse
disposal areas is prohibited after January 1, 1989.
(b)
A comprehensive monitoring program for existing
and abandoned refuse disposal areas, in accordance with 6 NYCRR 360,
is required.
(7)
Animal wastes.
(a)
Farm animal wastes shall not be concentrated
except where provision has been made to prevent seepage to the groundwater.
Suitable storage facilities are required when it is not possible to
spread or dispense waste on a daily basis.
(b)
In urban areas, pet owners are required to provide
for animal waste disposal on an individual basis.
(8)
Land application of septage and municipal sludges.
Land application of septage and municipal sludges is prohibited.
(9)
Leaking sewers.
(10)
Industrial sludge and toxic chemicals.
(a)
No toxic chemical identified by the United States
Environmental Protection Agency or the Department of Environmental
Conservation shall be stored except under permit from those agencies
and from the village.
(b)
Disposal of toxic chemicals and industrial sludge
is prohibited.
(c)
Toxic chemicals shall not be buried in the soil,
spread upon the surface on the ground or allowed to enter groundwaters.
(d)
Transportation of toxic chemicals is prohibited,
except under permit of the New York State Department of Transportation
pursuant to Article 2, Sections 14A through 14F, of the Transportation
Law.
[Amended 5-7-1990 by L.L.
No. 2-1990]
(11)
Wastewater lagoons and pits. Use of wastewater
lagoons and pits for temporary storage of wastewater is prohibited.
All storage facilities shall be watertight and aboveground and under
permit by the Department of Environmental Conservation.
(12)
Radioactive material.
(13)
Fertilizer use.
(a)
Open storage of artificial fertilizers for commercial
use is prohibited.
(b)
Agricultural use of fertilizers shall be in
conformance with best management practices as developed by the New
York State Soil and Water Conservation Committee and as implemented
by the preparation and use of farm plans as required by the New York
State Soil and Water Conservation District Law, Article 2, § 9,
Subdivision (7-a).
[Amended 5-7-1990 by L.L.
No. 2-1990]
(14)
Pesticide and herbicide use.
(a)
No pesticides or herbicides shall be used until
an environmental assessment is made specifically addressing the question
of groundwater contamination.
(b)
All pesticide and herbicide storage, use and
application shall be under permit as provided in Environmental Conservation
Law Article 33.
(c)
Use of streams for make-up water or washing
of equipment is prohibited.
(d)
Disposal of containers and washing of equipment
used in conjunction with pesticides and herbicides is prohibited.
(15)
Accidental spills.
(a)
Oil spills shall be reported and cleaned up
pursuant to the New York State Navigation Law §§ 170
through 197.
(b)
Spills of any other material stored in bulk
shall be reported as required by the Environmental Conservation Law
§ 17-1743. Cleanup of spills is the responsibility of the
owner, in case of material in transit, cleanup is the responsibility
of the carrier.
(c)
The Commissioner of Health shall be advised
of any accidental spills within 48 hours.
(17)
Deicing salt application.
(a)
Deicing salt use is restricted to a minimum
amount needed for public safety in accordance with best management
practices as developed by the New York State Department of Transportation.
(b)
Calcium chloride shall be used instead of sodium
chloride where necessary to limit sodium input to waters.
(18)
Cemeteries. All cemeteries shall be operated
in accordance with New York State Department of Health rules and regulations.
[Amended 5-7-1990 by L.L.
No. 2-1990]
(19)
Underground storage tanks and pipelines.
(a)
Underground storage of petroleum products or
any other toxic chemicals or radioactive material is prohibited unless
measures have been taken to ensure that leakage will not occur.
(b)
Any spills or leaks shall be reported as provided
for in Subsection B(15).
(c)
The owner of any underground storage tank or
pipeline is responsible for prompt reporting of any spills or leaks
and for the costs of cleanup.
(20)
Atmospheric fallout. Appropriate monitoring
of the constituents of precipitation shall be undertaken by the Village
Water Department, the Department of Health and the Department of Environmental
Conservation, and, where data indicate, appropriate action shall be
taken.
(21)
Land use management.
(a)
Where groundwater deterioration is likely to
be caused by land development, village officials shall ensure that
appropriate zoning is implemented and, along with the Department of
Health, they shall ensure that other controls are implemented to protect
the groundwater, including, where appropriate, the designation of
the aquifer as "sole source" as permitted in § 1442(e)
of the New York State Safe Drinking Water Act.
[Amended 5-7-1990 by L.L.
No. 2-1990]
(b)
Environmental assessments must be prepared for
the following and submitted to the Department of Health for review
and comment before any permits are issued:
[1]
Excavations or cut-ins which expose groundwater
permanently or during maximum elevation of the water table or which
significantly reduce the thickness of the soil cover and thereby ease
the entrance of contaminants into groundwaters.
[2]
The establishment of sand and gravel mining
operations.
[3]
The construction of overhead transmission lines,
liquefied natural gas lines or other pipelines for materials which
can impair water quality.
[4]
Major surface transportation corridors.
(22)
Improperly constructed or abandoned wells.
(a)
All oil and gas wells shall be constructed in
accordance with the requirements of the Department of Environmental
Conservation.
(b)
All water supply wells shall be constructed
in accordance with the requirements of the Department of Health.
(c)
All abandoned wells shall be sealed in accordance
with requirements for oil and gas wells and requirements for water
supply wells.
D.
Specific regulations for Zone 3.
(1)
On-site disposal systems.
(a)
All on-site disposal systems serving single-family
residences of 10 persons or less or with flows of less than 1,000
gallons per day shall be designed, installed and maintained in accordance
with Westchester County Sanitary Code and the standards promulgated
in such code. Village laws shall also apply if they contain more stringent
standards.
[Amended 5-7-1990 by L.L.
No. 2-1990]
(b)
A permit is required prior to the installation
of any subsurface disposal systems. This permit must be obtained from
the Department of Health. Conditions for a permit shall be reviewed
and approved by the village and shall include an approved engineering
plan, verification of the percolation rate by a disinterested party
and inspection of the installation prior to backfilling. Permits are
renewable on a five-year basis. All septic tanks shall be pumped clean
every five years or more often if conditions warrant.
[Amended 5-7-1990 by L.L.
No. 2-1990]
(c)
The applicable standards and permit requirements
of the Department of Environmental Conservation shall apply to systems
with flows in excess of 1,000 gallons per day or those which contain
industrial wastewater.
(d)
The use of sewage system or septic system cleaners
or additives are prohibited.
(e)
Where conditions warrant, water conservation
plumbing fixtures may be required, and nonessential water-using appliances,
such as garbage disposals, dishwashers and clotheswashers, may be
prohibited.
(f)
No portion of the seepage unit shall be constructed,
placed or rebuilt within a fifty-foot linear distance of the recharge
area or tributary watercourses.
(g)
Where rapid percolation is indicated, such as
in rock fissures, the use of subsurface disposal systems may be prohibited.
(2)
Point discharge. Point source discharges to tributary
streams are prohibited unless treatment equivalent to sand filtration
and disinfection is provided for domestic wastewater and equivalent
treatment for industrial wastewaters. All effluents will meet drinking
water standards.
(3)
Storm sewer outlets. Storm sewer outlets shall not
discharge directly to streams and watercourses. Provision shall be
made to discharge to the surface of the ground 100 feet from a watercourse
and a recharge area.
(4)
Snow disposal. The dumping of snow removed from streets,
roads and parking areas directly into streams is prohibited.
(5)
Refuse disposal areas and junkyards.
(a)
No refuse shall be deposited on or beneath the
surface of the ground within a two-hundred-fifty-foot linear distance
of any watercourse or Zone 2.
(b)
Solid waste disposal facilities shall conform
to 6 NYCRR 360 and be under permit.
(c)
Abandoned refuse disposal areas should be investigated,
monitored when warranted and remedial action undertaken if undesirable
conditions are present.
(d)
No junkyards shall be located within a two-hundred-fifty-foot
linear distance of any watercourse or Zone 2.
(6)
Animal wastes.
(a)
No concentrations of animal wastes from an agricultural
operation, including but not limited to manure piles, feedlots, barnyards
and yarding areas, shall be located within a one-hundred-foot linear
distance from any watercourse or Zone 2.
(b)
Barnyards, feedlots, yarding areas and manure
piles shall be separated from streams by ditches or surface grading
to prevent their runoff from entering streams.
(c)
Drainage from barnyards, feedlots, yarding areas
or manure piles shall not be be discharged directly to any watercourse
or to Zone 2. Such drainage shall be dispersed over the surface of
the ground at a minimum distance of a two-hundred-fifty-foot linear
distance from any watercourse or Zone 2.
(d)
Provision shall be made for satisfactory disposal
of milk house waste either by surface or subsurface irrigation that
prevents any discharge to any watercourse or Zone 2. Such facilities
shall be located at least a one-hundred-foot linear distance from
any watercourse or Zone 2.
(e)
Manure shall not be spread on frozen ground
if there is any likelihood that surface runoff will be carried into
streams.
(f)
Pet owners in urban areas must provide for animal
waste disposal on an individual basis.
(7)
Septage and sludge disposal.
(a)
No septage, municipal sludge or human excreta
shall be disposed of unless deposited in trenches or pits at a linear
distance of not less than two-hundred-fifty-feet from any watercourse
or Zone 2 and covered with not less than one foot of soil in such
manner effectively to prevent it from being carried into any watercourse
or into Zone 2 by surface runoff.
(b)
All disposal of septage, municipal sludge or
human excreta shall be done only under permit issued by the Department
of Environmental Conservation or the Department of Health, as appropriate.
(8)
Industrial sludges and toxic chemicals.
(a)
No industrial sludges and toxic chemicals shall
be stored except under permit by the United States Environmental Protection
Agency and the Department of Environmental Conservation.
(b)
Disposal of industrial sludges and toxic chemicals
is prohibited.
(c)
Toxic chemicals shall not be buried in the soil,
spread upon the surface of the ground or allowed to enter groundwaters.
(d)
Transportation of toxic chemicals is prohibited,
except under permit of the New York State Department of Transportation
pursuant to Article 2, Sections 14A through 14F, of the Transportation
Law.
[Amended 5-7-1990 by L.L.
No. 2-1990]
(9)
Radioactive material. Disposal of radioactive material
is prohibited.
(10)
Fertilizer use.
(a)
Open storage of artificial fertilizers for commercial
use is prohibited.
(b)
Agricultural use of fertilizers shall be in
conformance with best management practices as developed by the New
York State Soil and Water Conservation Committee and implemented by
the preparation and use of farm plans as required by the New York
State Soil and Water Conservation Districts Law § 9, Subdivision
(7-a).
(11)
Pesticide and herbicide use.
(a)
All pesticide and herbicide storage, use and
application shall be under permit as provided in Environmental Conservation
Law Article 33.
(b)
Disposal of containers of unused pesticides and herbicides is prohibited except in accordance with the permit issued as indicated under Subsection D(11)(a).
(c)
Use of streams for make-up water or washing
of equipment is prohibited.
(12)
Accidental spills.
(a)
Oil spills shall be reported and cleaned up
pursuant to the New York State Navigation Law §§ 170
through 197.
(b)
Spills of any material stored in bulk shall
be reported as required by Environmental Conservation Law § 17-1743.
Cleanup of spills is the responsibility of the carrier.
(c)
The Commissioner of Health shall be advised
of any accidental spills within 48 hours.
(d)
Underground storage of petroleum products or
any other contaminating material is prohibited unless measures have
been taken to ensure that leakage will not occur. Underground tanks
at facilities where over one thousand one hundred gallons of material
are stored must be tested in accordance with New York State Department
of Environmental Conservation bulk storage petroleum and chemical
regulations. Bare steel or painted steel tanks must be tested, in
accordance with accepted testing procedures, initially when the tank
is 10 years old and every five years thereafter. State-of-the-art,
corrosion-resistant underground tanks must be initially tested when
they are 15 years old and every five years thereafter. Underground
tanks that are not regulated by the bulk storage requirements must
be tested when they are 10 years old and every five years thereafter.
All results of tank testing must be reported to the village.
[Amended 5-7-1990 by L.L.
No. 2-1990]
(13)
Stockpiles.
(14)
Deicing salt application.
(a)
Deicing salt use is restricted to the minimum
amount needed for public safety in accordance with best management
practices as developed by the New York State Department of Transportation.
(b)
Calcium chloride shall be used instead of sodium
chloride where possible to limit sodium input to area waters.
(15)
Cemeteries. No internment of a human body shall
be made within a two-hundred-fifty-foot linear distance of a watercourse
or Zone 2.
(16)
Sediment generation.
(a)
Farm tillage practices shall be in conformance
with best management practices as developed by the New York State
Soil and Water Conservation Committee and implemented by the preparation
and use of farm plans as required by the New York State Soil and Water
Conservation Districts Law § 9, Subdivision (7-a).
(c)
Soil erosion and sediment production by stream
and road bank erosion shall be evaluated by the Westchester County
Soil and Water Conservation District and appropriate remedial action
taken where necessary.
(d)
All land-disturbing activity, including general
construction, highway construction, access road construction and maintenance,
is prohibited except where remedial measures have been put in place
to minimize erosion and sediment production as specified in local
laws and regulations.
(17)
Atmospheric fallout. Appropriate monitoring
of the constituents of precipitation shall be undertaken by the Village
Water Department, the Department of Health and the Department of Environmental
Conservation and where data indicate appropriate action be taken.
(18)
Land use management.
(a)
Where groundwater deterioration is likely to
be caused by land development or use, village officials shall ensure
that appropriate zoning is implemented and, along with the Department
of Health, they shall ensure that other controls are implemented to
protect the groundwater.
[Amended 5-7-1990 by L.L.
No. 2-1990]
