§ 270-186. General provisions.

A. 

Agency actions:

(1) 

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) 

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 § 270-185 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 effect 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. Exception 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 licensed engineer or professional hydrogeologist to conduct such investigations as are necessary to determine if a discrepancy exists in the mapped boundary. 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 the boundary adjustment request.

(2) 

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 State Commissioner of Health a copy of any such recorded amendments or adjustment.

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(1)(a), (b) and (c) below:

(a) 

Provide a written annual report with the following information submitted to and approved by the appropriate Municipal Water Purveyor:

[1] 

Changes in operation;

[2] 

Intended sale(s) of property;

[3] 

Results of state agencies programs, test results and audits from such programs as Petroleum or Chemical Bulk Storage, Resources Conservation and Recovery Act (RCRA), etc.; and

[4] 

Accidental spills (see § 270-186B).

(b) 

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).

[d] 

Disposal procedure of toxic substance or hazardous material.

[2] 

The plan must be approved by the appropriate Water Purveyor.

(c) 

Should procedures described in Subsection F(1)(a) and (b) not prevent contamination of the Schenectady Aquifer or any portion thereof, the owner shall immediately cease the offending activity and shall be responsible to immediately remove the contamination of the aquifer.

(2) 

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 of land 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.

(3) 

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 purposes, 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.

Amended 5-8-1991 by L.L. No. 2-1991