[HISTORY: Adopted by the Board of Trustees of the Village of Harriman 12-14-2004
by L.L. No. 8-2004. Amendments noted where applicable.]
It is the intent of the Village Board to protect the water resources
of the Village of Harriman by providing for the protection and preservation
of the Village's underground water supply resources and aquifers. Therefore,
the Village Board declares that the use of chemicals likely to impact upon
the underground water supply and aquifer shall be regulated to minimize the
potential damage to these valuable resources.
This chapter shall be known and may be cited as the "Well and Aquifer
Protection Law of the Village of Harriman."
Except as hereinafter provided, it shall be unlawful for any person,
without obtaining a written permit therefor, issued upon the order of the
Village Board, to:
A.
Place or deposit, or permit to be placed or deposited,
debris, fill or any materials, including structures, into, within or upon
any waters or other watercourses, floodplain lands, freshwater wetlands, watersheds,
water recharge areas or any natural drainage system.
B.
Dig, dredge or in any other way alter or remove any material
from submerged lands, tidal waters or other watercourses, wetlands, tidal
marshes, floodplain lands, freshwater wetlands, water recharge areas or any
natural drainage system.
C.
The use or bulk storage of sodium chloride, rock salt,
calcium chloride, magnesium chloride within the Village Harriman except in
a facility approved by the New York State Department of Environmental Conservation,
Village of Harriman DPW and Building Department and the Village Water Department.
For purposes of this subsection, "bulk storage" shall be defined as the storage
of quantities in excess of 50 pounds in a single location.
A.
The following minimum lateral distances shall be maintained
from the following potential sources of contamination from existing Village
of Harriman wells and areas reserved as potential well locations:
|
Source
|
Distance
(feet)
| |
|---|---|---|
|
Subsurface sewage disposal field
|
500
| |
|
Cesspool or seepage pit
|
500
| |
|
Septic tank
|
500
| |
|
Sewer lines
|
200
| |
|
Underground fuel storage tanks
|
1,000 feet for new tanks of fiber glass, reinforced plastic, double
wall construction or exterior coated tanks with cathodic protection
| |
|
Chemicals for melting of snow and ice
|
1,000 feet
| |
|
Storage
|
In addition to the requirements of this chapter, storage of all regulated
materials shall comply with all state and federal regulations
|
B.
When deemed necessary or appropriate by the Village,
the above distances may be increased or reasonable means of protection may
be required from other potential sources of contamination not listed above.
All such special requirements shall be added by the Board as conditions of
the well construction permit.
C.
All de-icing materials shall be employed in a manner
which will minimize the area affected and amount used. It being the intent
of this law to require that the minimum amount of material be used to effectuate
the de-icing.
Any structures, dwellings, construction or operations existing within
the watercourses, wetlands, marshes, floodplain lands, freshwater wetlands,
watersheds, water recharge areas or any natural drainage system shall be exempt
from this chapter and permitted to continue. provided that;
A.
No new construction, structures, dwellings or operations
will be permitted after the effective date of this chapter, except by permit
as provided herein.
B.
Where damage or hazardous conditions exist, the landowner
may be required by the Village Board to repair such damage or remedy such
hazardous conditions as the Village Board may direct.
A.
Any person, firm, corporation or entity found violating
any provision of this chapter or conditions imposed by the Village Board upon
an approved permit shall be served with a written notice at the direction
of the Village Board, stating the nature of the violation and providing a
specified time within which the violation shall cease and satisfactory corrective
action be taken by the violator.
B.
Any person, firm, corporation or entity who shall continue
such violation beyond the time limit specified by the Village Board shall
be guilty of another offense.
C.
In the event that any person, firm, corporation or entity
shall continue any violation beyond the time limit specified by the Village
Board, the Village Board shall direct the Village Attorney to apply to the
Supreme Court in the 9th Judicial District for an order directing that the
violation be corrected or removed, and all costs and expenses incurred by
the Village of Harriman in connection with proceedings, including the actual
costs of correction or removal, shall be assessed against the offender.
D.
Any person, firm, corporation or entity violating the
provisions of this chapter shall become liable to the Village for any expense,
loss or damage occasioned the Village by reason of such violation.
No person shall discharge or cause to he discharged the following-described
substances, materials, waters or wastes:
A.
Any waters or wastes containing iron, chromium, copper,
zinc and similar objectionable or toxic substances; or wastes exerting an
excessive chlorine requirement.
B.
Any waters or wastes containing phenols or other taste-
or odor-producing substances in such concentrations.
C.
Any waters or wastes having a pH in excess of 9.5 or
any waters having a pH lower than 5.5 or having other corrosive property capable
of causing damage or hazard to structures, equipment and personnel.
D.
Sodium chloride, calcium chloride, magnesium chloride.
