[HISTORY: Adopted by the Town Board of the Town of East Fishkill
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-26-2007 by L.L. No. 4-2007]
This chapter shall be known and cited as Town of East Fishkill "Local
Law No. 4 of the Year 2007, entitled "Mandatory Private Well Testing" in the
Town of East Fishkill.
The Town Board of the Town of East Fishkill enacts this chapter to establish
water quality standards for residential and nonresidential private water sources
not otherwise regulated by Part 5 of the New York State Sanitary Code for
the protection of and for the health, safety and welfare of the residents
of the Town of East Fishkill.
A.
This chapter is enacted pursuant to the powers vested
in the Town of East Fishkill by Municipal Home Rule Law § 10, Town
Law § 130, Subdivision 5, and Public Health Law §§ 302,
308 and 347, Subdivision 1c.
B.
The Town Board of the Town of East Fishkill enacts this
chapter for purposes of requiring mandatory private well testing for all properties
in the Town of East Fishkill that rely on a private water supply which is
utilized for purposes of human consumption. It is also the purpose of this
chapter to establish minimum water quality standards for private water sources
servicing residential and nonresidential properties, and to mandate water
testing standards to assure purchasers and tenants of residential and nonresidential
properties serviced by private wells that the water supplied to these properties
will be potable and free from harmful contaminants. These water quality standards
will also apply to multifamily residential properties and commercial properties
not otherwise subject to regulation and testing pursuant to Part 5 of the
New York State Sanitary Code. The water test results shall be filed with the
Town of East Fishkill Building Department and the Dutchess County Health Department
and will also serve as a data base for identifying potential problem areas
of contamination within the Town.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise:
A.
COMMUNITY WATER SYSTEM
EAST FISHKILL WELL-TESTING PROTOCOL
MULTIFAMILY RESIDENTIAL RENTAL PROPERTY
NONCOMMUNITY WATER SYSTEM
NONRESIDENTIAL BUILDING
NONTRANSIENT NONCOMMUNITY WATER SYSTEM
POTABLE WATER
PRIVATE WATER SUPPLY
PUBLIC WATER SYSTEM
PURCHASER
RESIDENTIAL PROPERTY
RESIDENTIAL RENTAL PROPERTY
SELLER AND PURCHASER
TENANT
WELL
General definitions:
A public water system which serves at least five service connections
used by year-round residents or regularly serves at least 25 year-round residents,
as defined in § 5-1.1 of the New York State Sanitary Code.
Standards, procedures, test parameters and maximum contaminant levels
for all well water used for human consumption in the Town of East Fishkill.
Residential property containing three or more rental units.
A public water system that is not a community water system, as defined
in § 5-1.1 of the New York State Sanitary Code.
Any structure which is wholly or partially used or intended to be
used and occupied for commercial purposes, including but not limited to office
buildings, stores, markets, shops and malls engaged in retail sales, marinas,
restaurants, clubs, gas stations, or car dealerships, etc., which establishments
have a water system intended for human consumption.
A public water system that is not a community water system but is
a subset of a noncommunity water system that regularly serves at least 25
of the same people, four hours or more per day, for four or more days per
week, for 26 or more weeks per year, as defined in § 5-1.1 of the
New York State Sanitary Code.
Water suitable for drinking and fit for human consumption in accordance
with standards established by the Dutchess County Department of Health and
the New York State Department of Health.
Any water supply utilized for the purposes of human consumption not identified as a public water supply by § 189-5 of this chapter or by Part 5 of the New York State Sanitary Code.
A community or noncommunity or nontransient noncommunity water system
which provides water to the public for human consumption through pipes or
other constructed conveyances if such system has at least five service connections
or regularly serves an average of least 25 individuals daily at least 60 days
out of the year. Such term includes:
"Purchaser" and "buyer" shall have the same meaning and shall mean
a purchaser or buyer of real estate pursuant to a written contract.
Any owner-occupied one- or two-family dwelling unit(s).
Any "dwelling" or "dwelling unit" [as those terms are defined in
Article 21 of the Dutchess County Sanitary Code at Section 21.1(G) and 21.1
(H)] which is nonowner occupied and for which rent or consideration is periodically
paid to the owner and otherwise does not constitute a multifamily residential
real property.
Shall include both male and female and be considered single or plural
depending on the context. The terms shall also include legal entities and
organizations.
Any person or entity who leases property for either residential or
commercial purposes.
Privately owned well used to supply potable drinking water to residential
premises or nonresidential establishments; it does not include wells that
supply water pursuant to § 5-1.1 of New York State Sanitary Code
as a community water system or a noncommunity water system.
B.
This chapter hereby adopts the definitions contained
in the New York State Sanitary Code Part 5 and contained in the Town of East
Fishkill Code as the same may be amended hereafter from time to time.
A.
Residential properties.
(1)
Well testing is hereby required for all one- and two-family
residential properties which are provided with water from a private water
source; said testing to occur prior to a sale or exchange of the property.
The parties shall be free to contractually allocate the cost of such testing.
(2)
A copy of the certified test results shall be sent to
the parties and shall be filed with the Town of East Fishkill Building Department,
which Department will file a copy with the Dutchess County Health Department,
and shall be valid for 36 months and may be used for subsequent sales/purchases
or exchanges within said 36 month period.
B.
Multifamily and nonresidential properties and residential
rental property.
(1)
Multifamily and nonresidential properties and residential
rental property not otherwise exempted under this chapter shall be required
to test their private wells within 12 months of the effective date of this
chapter. A copy of the certified test results shall be sent to the parties,
tenants or occupants and shall be filed with the Town of East Fishkill Building
Department and said Department will file a copy with the Dutchess County Health
Department and shall be valid for a three-year period. At the end of the three-year
period, a new well test shall be required.
A.
Each water sample shall be analyzed in accordance with
the East Fishkill Well-Testing Protocol (the Protocol) made a part of this
chapter, copies of which shall be kept on file with the Town Clerk.[1] The Town Board reserves the right to amend the East Fishkill Well
Testing Protocol by resolution.
[1]
Editor's Note: Said Protocol appears at the end of this chapter.
B.
Analytic testing and collection with proper chain of
custody shall be performed by a New York State certified laboratory and shall
conform to the rules and regulations of the New York State Department of Health.
C.
The required test parameters will have the same maximum
contaminant levels as set forth in Part 5 of the New York State Sanitary Code
for public water supplies.
D.
Copies of the test results shall be sent to the parties,
tenants or occupants and shall be filed with the Town of East Fishkill Building
Department and a copy forwarded to the Dutchess County Department of Health.
Test results shall also be available for public inspection and reproduction
in the same manner as other public documents.
Any property which is serviced by a community and/or noncommunity water
system as defined herein and in § 5-1.1 of the New York State Sanitary
Code which is already regulated and subject to testing shall be exempt from
the requirements of this chapter.
A.
The Town of East Fishkill Building Inspector, Code Enforcement
Officers, Zoning Administrator, Deputy Zoning Administrator and the Fire Inspector
shall enforce the provisions of this chapter.
B.
The Town of East Fishkill Building Department shall be
prohibited from releasing the results of any Building Department or certificate
of occupancy search to either buyer/seller, title company or their agent,
until the required certified test results have been filed with the Town Building
Department.
C.
Any property required pursuant to this chapter to have
well test results on file with the Town Building Department shall be ineligible
for a building permit, certificate of occupancy/certificate of compliance,
site plan review, subdivision review and/or ZBA variance review or interpretation
until the required certified test results have been filed in accordance with
the provisions of this chapter.
D.
Prior to the issuance of the original certificate of
occupancy, a test will be required.
A.
For each violation of a provision of this chapter, the
person violating the same shall be guilty of a violation and shall be subject
to a fine in the amount set forth in the Code.
B.
Any person violating this chapter shall be subject to
a civil penalty enforceable and collectible by the Town in the amount set
forth in the Code for each offense.
C.
In addition to the above penalties, the Town Board may
also maintain an action or proceeding in the name of the Town in a court of
competent jurisdiction to compel compliance with or to restrain by injunction
the violation of this chapter, and to recover the appropriate fines and penalties
together with administrative fees and costs, including attorney's fees
and disbursements.
D.
Each violation will be punishable by a fine not to exceed
$500 or a civil penalty not to exceed $1,000.
This chapter will be enforced by the Building Inspector, the Code Enforcement
Officers, the Fire Inspector, the Deputy Fire Inspector and any police agency
having jurisdiction within the Town of East Fishkill.
