[Adopted 7-11-1990 as L.L. No. 4-1990]
A.
These rules and regulations herein set forth, duly
made and enacted in accordance with the provisions of §§ 1100
through 1108 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: City
of Schenectady; Town of Glenville; Town of Niskayuna; Town of Rotterdam;
and Village of Scotia.
B.
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 and
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.
C.
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.
D.
These rules and regulations shall in no way affect
the limitations or requirements applicable in the underlying municipal
land use and zoning districts.
As used in this Article, the following terms
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 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 either 40 CFR 261, 40 CFR 302, 6
NYCRR 597 or 6 NYCRR 371, 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 point zero (2.0),
alkalies with a pH greater than or equal to twelve point five (12.5),
radioactive substances, pathogenic or infectious wastes or any material
exhibiting the characteristics of ignitability, corrosivity, reactivity
or extraction procedure 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 waterbody.
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
or the Department or 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 10 NYCRR 16.
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 water-saturated subsurface or exposed 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
waste or other wastes, as defined in § 17-0105 in 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; waste oil
storage, reprocessing and refining facilities; recyclables handling
and recovery facilities; and waste tire storage facilities.
Any intentional or unintentional action or commission 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, and 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.
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 1% 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
Zones Map, Plate No. 1, dated February 1990 and the Intermunicipal
Watershed Rules and Regulations Municipal Property Inventory Maps
dated February 1990.)
A.
Agency actions.
(1)
No state, county or local government agency having
jurisdiction shall perform any act or 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 10 NYCRR 170 and 6 NYCRR 703.
(2)
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.
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 § 245-20 above, of any petroleum, hazardous material, toxic substance or radioactive material to the ground surface or any waterbody which is likely to have an adverse affect on water quality or quantity shall notify the appropriate Municipal Water Purveyor and the New York State Departments of Environmental Conservation and Health, as described in the following Subsection B(1) and (2) of this section. The Municipal Water Purveyor shall notify all other appropriate agencies and the Board of any spill.
(1)
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)
The State Department of Health shall be advised of
any spills within 12 hours.
C.
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.
Exceptions. Exceptions to the rules and regulations
may be granted by the Commissioner 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.
E.
Protection zone boundary adjustments.
(1)
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 license engineer or professional hydrogeologist
to conduct such investigations as are necessary to determine if a
discrepancy exists in the mapped boundary.
(2)
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, and the Board may adjust
the boundary or zone designation thereon. The Board shall reserve
the right to withhold action pending investigations by the Board or
its appointed agents.
(3)
All amendments and adjustments to a protection zone
boundary or designation shall be officially recorded on the Intermunicipal
Watershed Rules and Regulations Schenectady Aquifer Protection Zones
Map. The Board shall transmit to the State Commissioner of Health
a copy of any such recorded amendments or adjustments.
F.
Nonconforming buildings, structures and/or uses.
(1)
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(2) and (3) below.
(a)
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.
(b)
In the event that any nonconforming use is discontinued
for a period of six months or more, it shall be 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.
(2)
Conditions for continuing.
(a)
The owner shall provide a written annual report
with the following information submitted to and approved by the appropriate
Municipal Water Purveyor:
(b)
The owner shall develop and implement a plan
to protect the aquifer from potential contaminations associated with
land use activities.
[1]
This plan must include:
[a]
Restrictions or management of activities
on the property;
[b]
Dam/berm (revised drainage control)
planned;
[c]
Identification and development
of operating procedures for potential pollution activities (i.e.,
changing oil of a car); and
[d]
Disposal procedure for toxic substance
or hazardous material.
[2]
The plan must be approved by the appropriate
water purveyor.
A.
Zone IV: Tributary Watershed Zone.
(1)
The discharge or disposal of any hazardous material,
toxic substance or radioactive material is prohibited, except as allowed
by a valid permit per 6 NYCRR 360 to 364, 6 NYCRR 750 to 758 and/or
10 NYCRR 16.
(2)
The discharge, land application, burial or disposal
of any septage, sewage, sludge, animal wastes, animal remains or human
excreta within 100 feet of any waterbody is prohibited, except as
allowed by a valid permit in accordance with 6 NYCRR 360 to 364, 6
NYCRR 370 to 374, 6 NYCRR 750 to 758 and/or 10 NYCRR 16.
(3)
The dumping or disposing of snow or ice collected
off site from roadways or parking areas is prohibited within 100 feet
of any waterbody.
(4)
The open storage of agricultural chemicals, pesticides,
herbicides, fungicides and fertilizers within 100 feet linear distance
of any waterbody is prohibited.
(5)
The open storage of coal or chloride salts within
100 feet linear distance of any waterbody is prohibited.
B.
Zone III: General Aquifer Recharge Zone. 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.
(1)
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 waterbody, except as allowed by a valid SPDES permit,
is prohibited.
(2)
The establishment of any raw waste landfill, ash landfill,
construction/demolition landfill, junkyard, salvage yard or dump is
prohibited.
(3)
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.
(4)
The aboveground discharge, land application or disposal
of any septage, sewage, sludge, animal wastes, animal remains or human
excreta is prohibited.
(5)
The dumping or disposing of snow or ice collected
off site from roadways or parking areas into or within 100 feet of
any waterbody is prohibited.
(6)
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.
(7)
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
waterbody.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
C.
Zone II: Primary Recharge Zone. Except to the extent
that broader prohibitions or more stringent limitations and requirements
are set forth in in this section, all regulations and provisions applicable
to Zones IV and III shall also apply to Zone II.
(1)
Uses that pose a risk to groundwater quality due to
associated storage, use or handling of hazardous materials or toxic
substances as defined by 6 NYCRR 595 and 6 NYCRR 612 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 and
printing and photographic establishments; and the storage for sale
of gasoline, diesel fuel, heating oil, lubricants, antifreeze, solvents
or agricultural or industrial chemicals.
(2)
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.
(3)
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 brines, is prohibited.
(4)
The establishment of any solid waste management or
waste treatment facility is prohibited.
(5)
The installation of any underground storage facility
is prohibited.
(6)
The interment of human or animal remains is prohibited.
(7)
The dumping or disposing of snow or ice collected
off site from roadways or parking areas is prohibited.
(8)
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 Water Purveyor.
(9)
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. Approval 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 or herbicides by any licensed
applicator.
D.
Zone I: Wellhead Protection Zone. 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.
(1)
All land uses and development activities other than
those directly connected with the pumping and treatment of public
water supplies are prohibited, with the exception of existing single-family
residences to which the relevant restrictions of these regulations
shall apply.
(2)
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.
(3)
The bulk storage of coal or chloride salts is prohibited.
(4)
The use of pesticides, herbicides, fungicides and
fertilizers for commercial/agricultural purposes is prohibited.
(5)
No filling, excavation or dredging, other than those activities specifically referred to in Subsection C(2) 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 concurrance from the Local Water Purveyor that the activity shall not contravene water quality standards as set forth in 10 NYCRR 710 and 6 NYCRR 703, based upon an environmental assessment specifically addressing the need for the activity and its potential impact.
(6)
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.
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.
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.
The Board shall make annual reports to the State Commissioner
of Health, prior to the 30th day of January, including such information
as to 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.
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 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)
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)
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)
Whether the hardship can be alleviated by some other
method that is feasible for the applicant to pursue.
(4)
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)
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)
Whether the hardship has not been created by the applicant.
B.
Decisions of the Commissioner.
(1)
The Commissioner 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 he may deem necessary to serve the purpose
and intent of these rules and regulations.
(2)
The Commissioner 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)
Every decision of the Health Department 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)
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.
C.
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)
The applicant's 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)
The protection zone location, along with the street
address and legal description of the subject property.
(3)
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)
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)
A statement articulating the hardship imposed by the enforcement and administration of these rules and regulations, with specific reference to the factors listed in Subsection A of this section of these rules and regulations.
(6)
A statement assessing the potential impact on groundwater
quality of the use or activity to be authorized by the waiver or variance.
(7)
A plan and annual report as described in § 245-21F(3)(a)
and (b).
Any person, firm or corporation who or which
violates any provisions of these Intermunicipal Watershed Rules and
Regulations or a permit or 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.
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 charge
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.
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 State Commissioner of Health and filed in the office
of the Secretary of State.
