This article shall be known as "Mandatory Private Well Testing."
A.
This article is enacted pursuant to the powers vested
in the Town of Wappinger 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 Wappinger enacts this article
for purposes of requiring mandatory private well testing for all properties
in the Town of Wappinger that rely on a private water supply which is utilized
for purposes of human consumption. It is also the purpose of this article
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 Wappinger 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.
A.
COMMUNITY WATER SYSTEM
MULTIFAMILY RESIDENTIAL RENTAL PROPERTY
NONCOMMUNITY WATER SYSTEM
NONRESIDENTIAL PROPERTY
NONTRANSIENT NONCOMMUNITY WATER SYSTEM
PARTY
POTABLE WATER
PRIVATE WATER SUPPLY
PUBLIC WATER SYSTEM
PURCHASER
RESIDENTIAL PROPERTY
RESIDENTIAL RENTAL PROPERTY
TENANT
WAPPINGER WELL TESTING PROTOCOL
WELL
The following words and terms, when used in this article,
shall have the following meanings unless the context clearly indicates otherwise:
A public water system which serves at least five service connections
used by year-round residents or regularly serves at least twenty-five-year-round
residents, as defined in § 5-1.1 of the New York State Sanitary
Code.
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.
Shall mean either the seller or the purchaser of real property according
to a contract of sale. "Party" shall include both male and female and be considered
single or plural depending on its context. "Party" shall also include legal
entities and organizations.
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 Article 5 of this Code 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 at 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 residential structure or dwelling consisting of two or less dwelling
units, which is not occupied by the owner(s) as a principal residence, for
which rent or consideration is periodically paid to the owner for the use
or occupation of all or part thereof.
Any person or entity which leases property for either residential
or commercial purposes.
Standards, procedures, test parameters and maximum contaminant levels
for all well water used for human consumption in the Town of Wappinger.
A 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 the New York State Sanitary
Code as a community water system or a noncommunity water system.
B.
This article hereby adopts the definitions contained
in the New York State Sanitary Code Part 5 and contained in the Town of Wappinger
Code as the same may be amended hereafter from time to time.
A.
Residential properties.
(1)
Well testing in accordance with the terms of this article
is hereby required for all residential properties that are provided with water
from a private water supply, not otherwise exempted under this article. Such
well testing must occur prior to a sale or exchange of the property after
the effective date of this article. The purchaser shall be responsible for
the cost of such testing.
(2)
The certified test results shall be filed with the Town
of Wappinger Building Department and a copy shall be sent to the parties and
an additional copy shall be forwarded to the Dutchess County Health Department.
Certified test results for the property shall be valid for 36 months and may
be used for subsequent sales purchases or exchanges within said thirty-six-month
period.
B.
Residential rental properties, multifamily residential
rental properties and nonresidential properties.
(1)
Well testing in accordance with the terms of this article
is hereby required for all residential rental properties, multifamily residential
rental property and nonresidential properties that are provided with water
from a private water supply, not otherwise exempted under this article. The
landlord or owner shall be required to test his or her private wells and file
the certified test results with the Town of Wappinger Building Department
within 12 months of the effective date of this article, or prior to any sale
or exchange of the property after the effective date of this article, if not
previously filed.
(2)
The owner or landlord shall be required to forward a
copy of the certified test results to the Dutchess County Health Department
and to the purchaser, tenants or occupants of the property, if any. Together
with the certified results filed with the Town of Wappinger Building Department,
the owner or landlord shall file a list of all then-existing purchasers, tenants,
other occupants, if any, of the subject property and proof that each such
person or entity was provided with a copy of the certified test results.
(3)
Certified test results filed with the Building Department
shall be valid for a period of three years from the date of filing. At the
end of the three-year period, a new well test shall be required.
(4)
Prior to entering into any lease for residential rental
properties, multifamily residential rental properties or nonresidential properties,
a landlord shall provide the tenant with a copy of the current certified test
results on file with the Town of Wappinger Building Department, the landlord's
failure to do so shall not be grounds to void the lease but shall subject
the landlord to any and all penalties imposed pursuant to this article.
A.
Each water sample shall be analyzed in accordance with
the Wappinger Well Testing Protocol (the Protocol) made a part of this article,
copies of which shall be kept on file with the Town Clerk. The Town Board
reserves the right to amend the Wappinger Well Testing Protocol by resolution.
B.
Analytic testing and collection with a 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 Wappinger Building
Department and a copy forwarded to the Dutchess County Department of Health.
Tests results shall also be available for public inspection and reproduction
in the same manner as other public documents.
E.
In the event any remediation is undertaken and a new
well test is completed, the results thereof shall be filed with the Town of
Wappinger Building Department.
A.
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 article.
B.
Except as required above, property owners shall not be
required to undertake well testing in connection with a mortgage refinancing
involving no sale or exchange of the property.
C.
A residential rental property that is leased pursuant
to a written or oral lease with a term of less than one year and any unit
in the property has been occupied by the owner as a principal residence within
the past year is exempt from periodic well testing and notification of tenants.
All residential rental properties serviced by water from a private water supply
shall be required to file certified test results before the property may be
sold or exchanged, notwithstanding the foregoing exemption.
A.
The Town of Wappinger Director of Code Enforcement, Code
Enforcement Officers, Zoning Administrator, Deputy Zoning Administrator and
the Fire Inspector shall enforce the provisions of this article.
B.
The Town of Wappinger Building Department shall be prohibited
from releasing the results of any Building Department or certificate of occupancy
search, or report, or violation letter to the purchaser, seller, title company
or their agents until the required certified test results have been filed
with the Town Building Department.
C.
Any property required by this article 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 article.
A.
For each violation of a provision of this article, any person violating the same shall be guilty of a violation and shall be subject to a fine in the amount set forth in Chapter 122, Article V, § 122-20FF(3), of the Code.
B.
In addition to the penalties prescribed for commission of a violation(s), any person or entity which violates, or causes a violation of any provisions of this article, or disobeys a notice to cease violations of this article, shall be subject to a civil penalty enforceable and collectible by the Town in the amount set forth in Chapter 122, Article V, § 122-20FF(4), of the Code for each day or portion of a day each such violation continues.
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 article, and to recover the appropriate fines and penalties
together with administrative fees and costs including attorney's fees
and disbursements.