A.
No person shall perform any act which may result in
the contravention of water quality standards contained in New York
State Public Health Law (10 NYCRR 5) or New York State Environmental
Conservation Law (6 NYCRR 703).
B.
Owners of nonresidential water supply or monitoring
wells shall provide the Village of Johnson City with a map showing
their location and a description of their use. The description shall
include information on pumping capacity (if applicable), well depth,
what the well is used for and its status (active or inactive). Water
supply or monitoring wells not in use for a period of three or more
years must be decommissioned in a manner satisfactory to the Village
of Johnson City.
Any development within the Village of Johnson
City Aquifer District that meets or exceeds the following criteria
shall be allowed only upon obtaining a special permit from the Village
of Johnson City Planning Board:
A.
Any use of property or change in use of property of
any residence, business, industrial or intermunicipal operation which
uses, distributes or stores petroleum products, toxic materials or
hazardous materials when such distribution, storage or use exceeds
25 gallons per month or 220 pounds, whichever is less.
B.
Any activity requiring a permit from the New York
State Department of Environmental Conservation or the United States
Environmental Protection Agency.
C.
Any existing underground storage facility that has
been substantially modified.
Applicants for a permit to develop in the Village
of Johnson City Aquifer District shall submit the following:
A.
Name, address and telephone number of the applicant.
B.
If the applicant is a corporation, the names, addresses
and telephone numbers of all the corporate officers and directors.
C.
Plans prepared by a professional engineer or architect
licensed to practice in the State of New York which demonstrate that
sufficient measures have been taken to prevent petroleum products,
toxic materials or hazardous materials from contaminating the groundwater
system.
D.
Copies of any permits and applications to the New
York State Department of Environmental Conservation or the United
States Environmental Protection Agency.
F.
Any other information that the Village of Johnson
City Planning Board shall request so as to have all the facts before
it prior to making its decision.
G.
An aquifer permit fee of $50.
A.
The lawful use of any development, or the use of any
land existing at the time of the adoption of this chapter may be continued,
although such use may not conform to the provisions of this chapter.
B.
When a nonconforming use has ceased for a period of
one year after the adoption of this chapter, any future use shall
be in conformity with the provisions of this chapter.
The Planning Board may grant the permit, deny
the permit or grant the permit with stated conditions. In the event
that a permit is granted or granted with stated conditions, it shall
be a requirement that the applicant use the best available means to
prevent contamination of groundwater in the Aquifer District. The
Village of Johnson City shall maintain continuing jurisdiction and
the Planning Board shall have the power and authority to require the
applicant to make such provisions as are necessary to update the development
in order that it may be used in accordance with the then prevailing
state of technology. Prior to action on the permit, the application
shall be referred to and a recommendation received from the Town of
Union Wellhead Advisory Committee.
The applicant is responsible for amending an
existing permit if petroleum products, hazardous or toxic materials
not listed in the original permit are subsequently used or stored
at the site or if there is a change in ownership.
