[Adopted 12-13-1994 as L.L.
No. 10, 1994]
The State Legislature has found that the potable water for the northern
portion of the Great Neck peninsula is derived from aquifers which are the
sole source of water for all of Long Island and that the issues of contamination
and conservation of the aquifers and the need to better manage the groundwater
system on the Great Neck peninsula, which had been operated by a private utility
in 1985, are of statewide concern. By reason thereof, the State Legislature
heretofore created the Water Authority of Great Neck North, with the purposes
of protecting, preserving and enhancing the quality and quantity of the water
within the Authority's supply area and to serve as a model and leader for
other water suppliers to better manage, conserve and protect the groundwaters
within and outside their respective supply areas. After investigating water
conservation, regulation and management programs, the Authority has recommended
that all of the municipalities within, or partially within, the Water Authority
of Great Neck North adopt regulations prohibiting drilling, digging or tapping
into any aquifers or other subsurface source of water, in order to avoid the
possibility of contamination to the aquifer systems, pumping which could adversely
affect saltwater intrusion into the public supply wells and unregulated overpumping
which could adversely deplete supply facilities and affect the delicate balance
of pumping from public supply wells. Upon review of such proposed water conservation
measures, the Town Board hereby finds and determines that it would be in the
best interest of the health, safety and welfare of the inhabitants of the
town to adopt the regulations contained in this Article.
The terms set forth herein shall be defined, for the purpose of this
Article, as follows:
The Water Authority of Great Neck North.
Any individual, firm, partnership, association, corporation or other
organization of any kind, including municipal districts, corporations and
public authorities.
The portion of the unincorporated area of the Town of North Hempstead
within the area serviced by the Authority.
No person shall drill, dig or tap into any aquifer or other subsurface
source of water within the town without having first obtained a permit from
the Town Board. Notwithstanding the foregoing, no permit for such activity
shall be required where such activity is conducted by the Authority or the
New York State Department of Environmental Conservation.
A.
A permit may be granted by the Town Board to authorize
drilling, digging or tapping into an aquifer or other subsurface source of
water within the town only upon written application, to be filed with the
Town Clerk, setting forth the reason for the request and demonstrating the
need for such activity. The application shall be accompanied by the written
consent of the Authority. Notwithstanding the foregoing, the Town Board may
grant such permit in an appropriate case without the approval of the Authority,
upon a finding that the proposed activity will not have a substantial adverse
effect upon the water supply or the quality or quantity of water and upon
a finding that failure to approve such permit will cause unusual hardship
to the applicant.
B.
The Authority shall be notified prior to action by the
Town Board on any application to which it has not previously given its consent
and shall be allowed to comment on such application.
C.
Any permit shall be subject to reasonable conditions
imposed thereon by the Town Board and may be suspended or revoked by the Town
Board in the event of noncompliance with any of said conditions.
Any person who shall continue to violate § 47A-20 more than seven (7) days after having been given a written notice of violation of such section shall be guilty of a violation and shall be punishable by a fine of up to five hundred dollars ($500.). Each week during which such violation continues shall be a separate offense.
