Chapter 223

ARTICLE I ARTICLE II Water Service Regulations Water Supply Protection § 223-1. Title. § 223-15. Contents. § 223-2. Definitions. § 223-16. Purpose. § 223-3. Purpose. § 223-17. Groundwater zones. § 223-4. Application for water service, § 223-18. Sources of contamination. fees. § 223-19. Scope. § 223-5. Service connections and § 223-20. Definitions. charges. § 223-21. General provisions. § 223-6. Meter installation and charges. § 223-22. Regulations for specific § 223-7. Water main extensions. groundwater protection zones. § 223-8. Building water charges. § 223-9. Fire sprinklers and charges; ARTICLE III hydrants. Cross-Connection Program § 223-10. Miscellaneous regulations. § 223-11. Use of water during emergency. § 223-23. Purpose. § 223-12. Fees, charges and payments; § 223-24. Cross-connection control water bills. devices. § 223-13. Penalties for offenses. § 223-25. Upgrade of preexisting systems. § 223-14. (Reserved) § 223-26. Testing; owner liability for costs. § 223-27. Manual adopted. § 223-28. Penalties for offenses. GENERAL REFERENCES Penalties for offenses — See Ch. 1, § 1-12. Plumbing — See Ch. 175. Flood damage prevention — See Ch. 129. Sewers — See Ch. 191. Housing standards — See Ch. 141. Wetlands and watercourses — See Ch. 227. ARTICLE I Water Service Regulations [Adopted 5-1-2017 by L.L. No. 2-2017110] § 223-1. Title. This article shall be known and may be cited as the "Water Department Regulations Law of the Village of Croton-on-Hudson." § 223-2. Definitions. As used in this article, the following terms, phrases, words and their derivations shall have the meanings given herein: BOARD — The Board of Trustees of the Village of Croton-on-Hudson, New York. DEPARTMENT — The Water Department of the Village of Croton-on-Hudson, New York. MANAGER — The Village Manager of the Village of Croton-on-Hudson, New York. OWNER — The owner of the premises, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building or premises. PREMISES — A lot, plot or parcel of land, including the buildings or structures thereon. VILLAGE — The Village of Croton-on-Hudson, New York. § 223-3. Purpose. The purpose of this article is to provide for the health and safety of Village residents by regulating the installation and alteration of all water mains and conduits in the Village and by prescribing rules and regulations for the distribution and metering of water and for the conservation of water during emergencies. § 223-4. Application for water service, fees. A. Application. (1) Application for water service must be made at the office of the Village Engineer on forms furnished for that purpose and must be signed either by the property owner, contractor or the plumber who is to perform the work. The location of the property to be served must be shown on the Tax Maps of the Village, as well as the street name and house number, if assigned. Applications must be returned to the office of the Village Engineer, properly completed, at least 72 hours before the work is to be commenced. All work to be done must be inspected and approved by the Superintendent of the Department of Public Works or his representative prior to acceptance. In the case of service connections which are larger than one inch, applications must be returned to the Village Engineer, properly completed, at least 15 days prior to the commencement of work (excluding Saturdays, Sundays and holidays). (2) The application constitutes a binding obligation on the part of the applicant, and each applicant agrees to be bound by all rules, regulations and laws of the Village and the Department now in force and/or which may from time to time be adopted. 110. Editor’s Note: This local law also repealed former Art. I, Water Service Regulations, adopted 9-19-5-1988 by L.L. No. 9-1988, as amended. B. All fees for water service connections must be paid in advance. The fee amounts shall be set from time to time by resolution of the Board of Trustees. Prior to any work being performed in the street right-of-way, all other required permits shall be obtained from the appropriate agency. [Amended 6-6-2022 by L.L. No. 6-2022] § 223-5. Service connections and charges. A. Each premises in single ownership must be provided with a water service connection with no more than one water service connection per premises. Each water service connection must be metered. B. Work in connection with the tapping of mains and/or water lines of the Village water district (up to two inches in size) must in all cases be performed by employees of the Department. Work in connection with the installation of water service connections between the mains and the street (lot) lines must in all cases be performed under the supervision of employees of the Department. For service connections greater than two inches, the property owner shall assume the entire cost of the water service, including but not limited to, the wet tap, tapping sleeve, valve and valve box, piping, hydrants and all other appurtenances from the Village main to the building and hydrants, with all work to be performed under the supervision of the employees of the Department. In all cases, the owner of the property is responsible for all work outside the street lines. Tapping of all Village mains is the domain of the Water Department. Upon request, the Department may authorize an independent contractor to conduct a tap larger than two inches. Such independent contractor must file an application on forms provided by the Department and containing information and documentation as may reasonably be required by the Superintendent of the Department of Public Works or his designated representative. For all work performed inside the building, the owner must secure a qualified licensed plumber. The curb box shall be located no farther than three feet from the edge of pavement (or curb where curbs are in place). In the case where the water main is located between the edge of pavement (or curb where curbs are in place) and the property line, the curb box shall be located as close to the main as practicable, but in any case, between the main and the property line. In all cases where a curb box is improperly located on private property, the Water Department shall not be responsible for the repair and maintenance of the service line, curb valve and/or curb valve box beyond the proper curb box location, even though no curb box may be in place at the proper location. Upon completion of designated work and prior to backfilling of trenches, all work must be inspected and approved by the Superintendent of the Department of Public Works or his designated representative. [Amended 10-16-2023 by L.L. No. 18-2023] C. The service line from the curb stop to the buildings shall be installed and maintained entirely by the owner at a depth of not less than 42 inches but not greater than 48 inches. All pipe that is installed from the curb stop to the water main must be of Type K copper in conformance with the Department- installed standards. Such service line shall be not less than 3/4 inch in inside diameter. Each service line must be installed in accordance with the Department's water service installation diagram. D. Whenever an existing water service connection is to be replaced or abandoned, the existing water service connection is to be removed in its entirety and the connection to the main shut off by the Department, with all work being at the owner's expense. E. All owners, contractors or plumbers are required to notify the Department, in writing, whenever they are renewing or repairing a customer's service line. After due notification of a leak in that portion of the service line for which the owner is responsible, such leak shall be repaired within 72 hours, or the owner will be subject to the penalties prescribed under § 223-13 hereof. F. Fire-protection systems must be designed, installed and maintained in conformity with National Fire Protection Association (NFPA) regulations and other applicable regulations. § 223-6. Meter installation and charges. A. All water must be supplied by meter measurement except for private fire hydrants and/or fire sprinkler service except if required by the Department. If a meter is required for a private hydrant and/or fire sprinkler service, then the owner must furnish, install and maintain such meter at no cost to the Village or Department. Property owners with unmetered private fire hydrants on their property shall be required to pay an annual fee. Said fee shall be established by resolution of the Board of Trustees. [Amended 6-6-2022 by L.L. No. 6-2022] B. Meters up to a maximum size of 1 1/2 inches shall be furnished by and shall remain the property of the Village. Approved meters over the prescribed maximum size shall be furnished, installed and maintained by the owner at the owner's expense. C. All meters must be installed by the owner or licensed plumber at his or her own expense. Replacement meters up to a maximum size of 1 1/2 inches will be furnished by and installed by the Department after the payment of a fee which shall be set from time to time by resolution of the Board of Trustees. Replacement meters above the prescribed maximum size shall be furnished, installed and maintained by the owner at the owner's expense. Replacement radio interface modules which have failed through no fault of the property owner will be furnished by and installed by the Department at no cost. Those modules which have failed through negligence or damage shall be furnished and installed by the Department, and the property owner shall pay a replacement fee which has been established by resolution of the Board of Trustees. Shutoff valves must be placed on the outlet side and on the inlet side of all water meters. These valves must be installed within two feet of the water meter. Meters shall be installed and located where they are not subject to freezing and are readily accessible for removal by Department personnel. All meters shall be installed in accordance with the Department's water service installation diagram or plan approved by the Village Engineer. In no case shall any branch line or any form of outlet be connected to the service at any point between the main and the meter. [Amended 6-6-2022 by L.L. No. 6-2022] D. Meters must be accessible to and subject to the control of the Department at all times. No one other than employees of the Department shall move or interfere with the operation of the meter except by permission of the Department. When meters are sealed, the seal may be broken only by an employee of the Department. Should the seal be broken other than by an employee of the Department, the owner will be held fully responsible, and the Department reserves the right to order the meter removed for testing at the expense of the owner. The charge for this test shall be that which is in force at the time of test. E. Where the building to be served is located more than 50 feet from the curb stop, the Department may require the meter to be placed at an approved point outside the building in a meter vault approved by the Department. It is the responsibility of the owner to maintain the meter vault in a condition of good repair and free from all debris so that the meter can be easily read. The meter vault must be approved by the Superintendent of the Department of Public Works or his designee prior to the installation of the meter. F. All work in connection with the maintenance of meters up to a maximum size of 1 1/2 inches will be performed by the Department; all other must be maintained by the owner. If a meter is out of order or fails to register the water consumption properly, it will be changed or repaired as heretofore stipulated. Damage to meters caused by negligence of the consumer or owner will be charged to the owner; this includes frozen meters and meters damaged by hot water. All water that passes through the meter will be charged to the owner, whether the water is legitimately used or wasted through leakage. G. In the case of a disputed account involving the accuracy of a meter, such meter shall be tested, if within the Department's jurisdiction, upon a request of the owner or consumer. All meter testing shall be paid for by the owner/consumer and payment shall be made at the time the request for the testing is made. In the event that the meter so tested upon a request of the owner/consumer is found to have an error in registration (more than 1.5%, plus or minus), the bill will be increased or decreased accordingly, but no retroactive reimbursement shall be made to the owner/consumer for previous billing period(s). If the meter is found to be over-registering by more than the aforesaid allowable rate, then the cost of the test shall be borne by the Department, and the amount paid for the test shall be returned to the owner or consumer. If the meter so tested shall be found to have no error in registration (less than 1.5%, plus or minus) the payment shall be retained by the Department as compensation for such test. The fee for testing of meters shall be set by resolution by the Board of Trustees.111 [Amended 6-6-2022 by L.L. No. 6-2022] H. In any case where an individual, corporation, or business has requested an appointment for a water meter reading but cannot keep said appointment for any reason, 24 hours' advance notice of the cancellation must be provided to the Department of Public Works. If no such notice or less than 24 hours' notice is provided, then the Department may charge a meter reading fee. Said fee shall be established by resolution of the Board of Trustees.112 I. The owner or consumer shall notify the Department of any damage to or any cessation in registration of the meter as soon as it comes to his knowledge. J. All new and replacement meter installations must be compatible with the Village's current meter reading system and be approved by the Village prior to the installation of the meter. The location of all meters is subject to approval by the Superintendent of the Department of Public Works or his designated representative. K. Any person molesting or tampering or interfering with the proper registration of a meter or utilizing a bypass around the meter shall be subject to penalties prescribed under § 223-13 hereof. L. All unmetered premises shall have meters installed within 30 days after notification or be subject to a penalty as provided for in § 223-13 hereof. § 223-7. Water main extensions. A. The Department shall extend water mains only when they are within the corporate limits of the Village and when such extensions will improve the distribution system. All other extensions will be installed by the applicant for a water connection, with no expense to the Village, and in accordance with all applicable rules and regulations. The office of the Village Engineer reserves the right to employ an inspector at the owner's expense to ensure that installation is in accordance with specifications and regulations governing the installation. B. A plan of the proposed water main extensions, showing all hydrants and valves, must be submitted to the office of the Village Engineer for approval. This plan must be approved prior to the installation of the main. 111. Editor's Note: The current fee resolution is on file in the office of the Village Clerk. 112. Editor's Note: The current fee resolution is on file in the office of the Village Clerk. C. Upon dedication and acceptance by the Board of Trustees after receiving the Village Engineer's recommendation, all main extensions within the corporate limits of the Village become the responsibility of the Department. D. All main extensions installed by a water district outside of the corporate limits of the Village remain the property of that water district. Regardless of who constructed the main extension, if the extension services customers located in the Village, applicable laws of the Village and the rules and regulations of the Water Department shall apply. E. The minimum size of main extensions shall be eight inches, unless approved otherwise. F. When main extensions are proposed on private property, it is the responsibility of the applicant to procure and deliver to the Village Manager all necessary easement instruments, maps and descriptions. The applicant will also be required to pay for the necessary title search of all easements, insurance as to title, when required, and the costs of recordation. G. The applicant shall guarantee the entire installation for a period of 12 months following the official acceptance of the extension, and shall make all necessary repairs that might be necessitated during this twelve-month period. In the case of any emergency where Department personnel perform repair work, the applicant shall repay the Village for said work. H. Prior to the acceptance of the extension, the Village must be furnished with an as-built plan, together with an acceptable maintenance bond in an amount to be determined by the Village Manager and in a form approved by the Village Attorney. § 223-8. Building water charges. A. All services, new and old, must have a water meter installed before water service can be initiated. B. Once issued, the owner must assume responsibility for the water meter under all circumstances, with the exception of mechanical failure. If mechanical failure occurs, the owner will be held liable if the mechanical failure was precipitated by any external influence on the water meter. C. Prior to the issuance of a certificate of occupancy, a meter and approved reader or transmitter must be installed and the curb box must be plumb and accessible. § 223-9. Fire sprinklers and charges; hydrants. A. Each building containing a sprinkler system shall be charged an installation fee as set by resolution of the Board of Trustees.113 B. No person other than one properly authorized to do so under the rules, regulations and procedures of the Department shall take water from any public or private fire hydrant, except for firefighting and fire-training purposes, without first obtaining a written permit from the Department. Upon issuing a single-use permit, the Superintendent of the Department of Public Works shall designate the exact hydrant to be used and stipulate the dates and times within which water may be drawn. A deposit, in an amount set by resolution of the Board of Trustees, will be required before such permit will be issued. In addition to the deposit, a fee in an amount set by resolution of the Board of Trustees shall be paid in advance for the estimated quantity of water to be drawn from the hydrant. After the applicant has withdrawn the water, the deposit will be returned to the applicant if, after examination, 113. Editor's Note: The current fee resolution is on file in the office of the Village Clerk. the hydrant is found not to have been damaged and is in good working order. If the hydrant is found to have been damaged, the expense of repairing the hydrant will be deducted from the deposit. If damage exceeds the amount of deposit, the amount will be assessed in addition to cover cost of repairs. Permits may be revoked at any time at the discretion of the Department. C. Any person opening or operating any public or private hydrant without proper authorization shall be subject to the penalties under § 223-13 hereof. § 223-10. Miscellaneous regulations. A. Shutoff of water for violation of rules. The water may be shut off to an owner or consumer failing to comply with this article and/or the rules and regulations of the Department adopted in implementation thereof and will not be turned on again until satisfactory assurance is given that the article and/or rules and regulations will be complied with and all proper and necessary expense incurred in shutting off and turning on of the water is paid in full. If the Department determines that a shutoff is warranted, the Department will send the owner or consumer notice outlining the outstanding rates and penalties that are due and notifying him or her that water service will be shut off if all outstanding charges are not paid within 5 days of receiving the notice. Within that five-day period, the owner or consumer will be afforded the opportunity to contest the Department's grounds for the shutoff. B. Temporary shutoff. If the Water Department determines that service must be temporarily shut off for any reason, the Department will provide affected owners and consumers with at least 24 hours' advance notice, except in emergencies. In such cases, there shall be a fee for such service, in an amount set by resolution of the Board of Trustees. C. Emergency shutoff of water. Should it become necessary to shut off the water supply due to a break in the water main or for other reasons of an emergency nature, the Department shall have the right to temporarily shut off the water supply for the duration of the emergency until the repairs are made or the emergency is over without providing advance notice to affected consumers; however, the Department will use all reasonable and practicable measures to notify the consumers in advance of such discontinuation of service. When an emergency shutoff is required, the Department shall not be liable for any damage or inconvenience suffered by the consumer as a result of the shutoff. D. Liability of Village. (1) The Village (including its employees and agents) shall not be liable for any claim against it at any time for the interruption of service, lessening of supply, inadequate pressure, poor quality of water or any other consequences beyond its control. (2) The Village (including its employees and agents) shall not be liable for any damages which may result to an owner's or consumer's pipes, appliances, etc., from the shutting off of water mains or service pipes for any purpose whatever, whether previous notice has been given or not. No deductions from water bills will be made for periods when the service is shut off. E. Cross-connections. No connection from any other sources of water supply to any system of piping supplied by the Department shall be made or maintained at any time and all rules of Section 5-1.3.1 of Part 5 of the New York State Sanitary Code (as it may be amended or supplemented from time to time) shall apply with regard to backflow valves. Consumers having independent or auxiliary systems shall maintain that system completely independent of the municipal supply at all times. No interconnection of the water supply of this Department is permitted with any pipe or structure which contains liquids, chemicals, unsafe or otherwise unsatisfactory water or any other contaminating substances except when such interconnection is installed and protected in a manner satisfactory to the Department. F. Access to property. The Superintendent of the Department of Public Works and all employees under his jurisdiction shall have free access at reasonable hours to all parts of every building or place in which meters are located and where water is or may be delivered or consumed. Employees will carry with them proper identification denoting their employment by the Department. G. Damage caused by breaks. The Department shall in no event be responsible for maintenance of or for damage done by water escaping from the service pipe or any other pipe or fixture on the outlet side of the curb stop. The consumer shall at all times comply with state and municipal regulations in reference to these pipes and shall make any change thereon required on account of change of grade, relocation of mains or otherwise. H. Operation of valves. No person other than an employee of the Department shall operate or close any valves or corporation stops within the system or molest or interfere with any valve or valve box cover. Any person, other than an employee of the Department, who operates or closes any valves or corporation stops within the system, molests or interferes with any valve or valve box cover or otherwise tampers with the water system of the Village shall be subject to the penalties prescribed under § 223-13 hereof. I. Liability of owner. The owner of the property will in all cases be held liable for all charges for water supplied to the premises. All charges, penalties and fines shall become a charge and lien upon the premises where the water was consumed and/or supplied. J. Waste of water. A consumer shall maintain his faucets, toilets and service lines and all appurtenances in good working order and condition and free of all leaks at his own expense in order to conserve water. All water that passes through the meter will be charged to the owner, whether the water is legitimately used or wasted through leakage. K. Illegal use of water. No person shall use any water from the water system of the Village for any purpose other than that contemplated at the time that the approval for a connection was given. No person shall use any water from the water system of the Village for bottling purposes, where the water so bottled is to be sold outside of the limits of said Village, for irrigation purposes, for commercial icemaking or to fill any pond, pool, lake or other body of water without the permission of the Department. L. Service of notice. Service of any notice authorized or directed by or on behalf of the Water Department may be made upon the owner or consumer personally or by leaving the same at the premises where water is supplied or by sending the same by mail to such party at the last address provided. § 223-11. Use of water during emergency. A. The Department shall have the right to reserve a sufficient supply of water at all times in its reservoir and storage tanks to provide for fire or any other emergencies and may restrict or regulate the quantity of water used by consumers in case of scarcity or whenever the public welfare may require it. B. Whenever it shall be determined by the Village Manager that a state of emergency exists by reason of drought or damage to the public water supply system, or that there is an insufficient supply of water or that the water supply system is endangered by any other cause, then he or she shall be empowered to make it unlawful to use water from the Village water supply system for any or all of the following uses as determined by the Village Manager. The Village Manager shall also have the authority to relieve the restrictions when necessary. For time periods after regular board meetings, the Village Board shall consider the restrictions going forward: (1) Lawn sprinkling and sprinkling of shrubs, flower gardens and vegetable gardens with a hose or sprinkler. (2) The washing of automobiles in any form, with the exception that windshields and glasses necessary for the proper operation of the vehicle may be washed or cleansed only. (3) The maintenance of water supply lines with bleeds on any dock or structure or in any building for the purpose of maintaining a constant flow to prevent freezing. (4) The filling of pools of all sizes and the operation of pools of all sizes not recirculating water. (5) The operation or maintenance of automatic plumbing flush fixtures or apparatus using a constant or fixed periodic flow. The flow from such apparatus shall only be by manual operation when the fixture or apparatus is in actual use. (6) The cleaning or washing of the outside of buildings or any structures involving the use of water or steam in any form. (7) The use of hoses, spouts and similar pressure-bathing apparatus, and no constant flow from showers or similar apparatus shall be maintained. Operation of such apparatus shall be manual and only when the apparatus is in actual use. (8) Any system of refrigeration or air conditioning having an individual or collective capacity of six tons or greater, unless it shall be equipped with a water-conserving device such as an economizer, evaporative condenser, water-cooling tower or similar apparatus, which device shall not consume for makeup purposes in excess of 5% of the consumption that would normally be used without such device. C. In cases of extreme emergency, the Village Manager or his/her designated representative shall have the power to declare a temporary water emergency and to enact such restrictions and measures as are reasonably necessary to protect the water supply. D. Any person or corporation violating this section shall be subject to the prescribed penalties under § 223-13 hereof. § 223-12. Fees, charges and payments; water bills. A. All fees, charges and rates, the amount of which is not specifically provided for in this article, shall be the rates in force at the time. A schedule of such fees, charges and rates shall be maintained by the Village Manager and be available for examination in his office. The Village Manager reserves the right to amend rates from time to time by resolution of the Village Board. B. The Department will cause each water meter of persons using water from the water system of the Village to be read four times per year. C. Upon completion of the readings referred to in § 223-12B, the Village Manager will cause to be sent to each user of water a statement showing the amount, in dollars and cents, owed to the Village and, further, a statement showing the computation thereof. D. Bills will be rendered quarterly, unless the Village Manager, in his discretion, fixes a different payment schedule with respect to any owner or consumer. E. The Department will transmit bills via United States Mail or email, but delivery of such bills to the proper person is not guaranteed. If the property owner does not receive a bill via United States Mail or email, the property owner is still obligated to pay the bill by the due date. [Amended 2-19-2019 by L.L. No. 3-2019] F. Penalties for nonpayment of charges. [Amended 12-7-2020 by L.L. No. 11-2020] (1) The following penalties are prescribed for failure to pay water charges, after the levy thereof: (a) No penalty shall be assessed if charges are paid by the due date set forth on the bill. (2) If the water charge is not paid by the due date set forth on the bill, a penalty of 5% of the amount due shall be assessed, and a further penalty of 1% shall be added for each succeeding month or any portion thereof in which the water rents are not paid. Thereafter, on the next succeeding April 15, the Village Treasurer shall cause any said unpaid water rents and penalties thereon more than 60 days overdue to be added to the Village tax bills. Said water rents and penalties shall constitute a lien on the real property so affected. Partial payments covering a portion of a bill will be accepted, provided that such payments shall be applied first to penalties, and the unpaid water charges will continue to accrue penalties at the rate of 1% per month until paid. § 223-13. Penalties for offenses. Any person, firm or corporation found violating any of the provisions of this article shall be subject to the penalties provided in § 1-1 of Chapter 1, General Provisions, and, in addition, water service to violators may be discontinued in accordance with § 223-10A. § 223-14. (Reserved) ARTICLE II Water Supply Protection [Adopted 7-24-1989 by L.L. No. 5-1989] § 223-15. Contents. The following constitutes the Water Supply Protection Rules and Regulations of the Village of Croton-on- Hudson. § 223-16. Purpose. A. The Village of Croton-on-Hudson's water supply is obtained from sand and gravel deposits laid down in the Croton River Valley. This valley-fill aquifer is the primary source of drinking water for the Village of Croton-on-Hudson and is located in the northern portion of the village. The area which contributes water to this aquifer includes parts of both the Village of Croton-on-Hudson and the Town of Cortlandt. B. River valley aquifers usually underlie the river and form a band on either side of the stream. These bands extend for varying distances upstream of smaller tributaries. Groundwater flow in valley-fill aquifers is generally toward the river which forms the discharge point. Groundwater flow patterns are modified by pumping wells which create a cone of influence. C. Pollution of groundwater is more difficult to clean up than pollution of surface water. Groundwater is afforded little dilution because of the laminar flow which resists mixing and because of the slow movement. Where water is withdrawn from the ground and then returned for disposal, as with subsurface sewage disposal, contaminants accumulate in the groundwater. D. Normal domestic activities, both residential and commercial, result in the discharge, on a widespread basis, of small quantities of nondegradable metals, salts, hydrocarbons, nitrates and other toxic substances. Even small quantities of soluble organic chemical substances, when discharged at or below the land surface, can migrate to the water table and seriously contaminate the groundwater. Limitations of future developmental density and strict management of the use of the land in the Village of Croton-on-Hudson and the Town of Cortlandt, specifically in the areas adjacent to the Croton River and the well field, are essential to control potential pollutants and prevent degradation of drinking water quality. E. The purpose of this Article is to preserve, protect and maintain the existing purity and quality of the groundwater within the Village of Croton-on-Hudson. It will establish protective land use regulations for the watershed affecting the well field. § 223-17. Groundwater zones. A. There are three zones affecting the quality of the aquifer, and a degree of regulation or management for each is required if the water supply source is to be protected from contamination. The three zones are defined as follows and are hereby established in the map entitled "Zones of Groundwater Protection, Croton-on-Hudson Well Field," which is hereby made a part of this Article and is to be kept on file in the Village Office of the Village of Croton-on-Hudson. [Amended 5-7-1990 by L.L. No. 2-1990] (1) Zone 1: the wellhead protection area, including the cone of influence. (2) Zone 2: the recharge area of the aquifer. (3) Zone 3: the watershed area tributary to the recharge area. B. This three-zone system will be superimposed on existing land use zones. The requirements of the underlying districts shall continue to apply. Permitted uses, except where prohibited by this Article, shall also continue to apply. In the event of conflict between this Article and any other regulation, the more restrictive requirements shall control. C. The wellhead protection area is defined to be Zone 1 in the map entitled "Zones of Groundwater Protection, Croton-on-Hudson Well Field" and includes at a minimum the area within 200 feet of the well and the cone of influence. [Amended 5-7-1990 by L.L. No. 2-1990] D. The cone of influence is created when the drawdown caused by pumping of the groundwater creates a pressure gradient which induces a flow of groundwater toward the well. Any contaminant that reaches the groundwater within this cone of influence will be drawn to the well. This cone of influence may cause a disruption of the normal groundwater flow patterns because water normally flowing parallel to the well or downgradient from the well may be directed toward the well. E. Additional protection is needed for groundwater supplies, which are vulnerable to contaminant- generating activities outside the wellhead protection area, such as area and river valley aquifers where the waterbearing formations extend to the surface. Controls over the recharge area and the watershed tributary (surface water) to the recharge area are needed. F. The recharge area is the area where precipitation rapidly infiltrates into the ground and into an aquifer where it will flow towards the point(s) of withdrawal. Such aquifers are characterized by water- bearing deposits of sand and gravel with high permeability and porosity. Any contaminant-producing activity in this area will travel rapidly to the groundwater. G. River valley aquifers are replenished not only by direct infiltration of precipitation but also by runoff from that portion of the watershed tributary to the recharge area, an area composed of relatively impervious consolidated and unconsolidated material. Typically, runoff flows overland and in defined stream beds until reaching the recharge area where it seeps underground. In large streams, water may flow through the recharge area in times of high water tables and high flows. The large stream will generally have a continuous flow of water. The exchange between surface and ground water will take place either to the stream or to the aquifer, depending upon water conditions, the location of withdrawal points and the relative size of withdrawals. § 223-18. Sources of contamination. A. Water supply sources are subjected to contaminants from the following sources: (1) Wastewater discharges to surface and ground water. (2) Improper handling and disposal of waste material. (3) Improper handling, storage and use of materials which are or may be contaminating. (4) Accidental spills of contaminating material from storage, during transit or during use. (5) Water, land and air resource use which may adversely affect water quality. B. Public water supply sources have been contaminated in numerous instances because of systems, facilities and activities which were not properly managed or were not appropriately located in relation to public water supply sources. The people of the State of New York have a right to expect and the New York State Commissioner of Health and Westchester County Commissioner of Health are obligated to see that every reasonable precaution and measure is taken to protect water supply sources from contamination and that safe drinking water is available from public water supply sources and systems. [Amended 5-7-1990 by L.L. No. 2-1990] C. The aquifer protection is hereby extended over the entire watershed as delineated in the map entitled "Zones of Groundwater Protection, Croton-on-Hudson Well Field". The severest restrictions apply to Zone 1, and the least severe restrictions apply to Zone 3. With additional research, the zone boundaries may change. In this case, the criteria used to set up the boundaries shall control. [Amended 5-7-1990 by L.L. No. 2-1990] D. In order to assure the adequate protection of sources of public water supply, the Village of Croton- on-Hudson institutes the promulgation of the following regulations. § 223-19. Scope. Minimum requirements are hereby presented to protect public water supply sources from contamination. All the activities detailed below may not presently occur in the watershed, however, this document will provide guidance in the future with continued growth of the village. § 223-20. Definitions. As used in this Article, the following terms shall have the meanings indicated: AQUIFER — The water-saturated subsurface geologic formations which are now or may subsequently be developed for use as public water supply sources, including the Croton River aquifer from which the village takes its supply. AQUIFER RECHARGE AREA — The land area where precipitation, snow and rain, percolates directly through the ground to an aquifer. The "aquifer recharge area" shall also be known as "Zone 2." BEST MANAGEMENT PRACTICES — Those methods and practices which are developed and adopted by the United States Environmental Protection Agency, the New York State Department of Environmental Conservation and the County of Westchester to control nonpoint and point sources of pollution. CHLORIDE SALT — The solid compounds or the solutions of potassium chloride (commonly used as fertilizer), calcium chloride (commonly used for winter road maintenance) or sodium chloride (halite) (commonly used for winter road maintenance and water softener regeneration). COMMISSIONER OF HEALTH — Unless otherwise stated, the Westchester County Commissioner of Health.[Added 5-7-1990 by L.L. No. 2-1990] COMPOSTING TOILET or DRY TOILET — Any receptacle for human excreta and/or kitchen waste which is a self-contained unit requiring periodic removal of composted material. CONE OF INFLUENCE — The area where the drawdown of the groundwater, caused by water withdrawal from the well, creates a pressure gradient which induces a flow of groundwater toward the point of withdrawal. DEPARTMENT OF ENVIRONMENTAL CONSERVATION — The New York State Department of Environmental Conservation.[Added 5-7-1990 by L.L. No. 2-1990] DEPARTMENT OF HEALTH — Unless otherwise specified, the Westchester County Department of Health.[Added 5-7-1990 by L.L. No. 2-1990] DEPARTMENT OF TRANSPORTATION — Unless otherwise specified, the New York State Department of Transportation.[Added 5-7-1990 by L.L. No. 2-1990] ENVIRONMENTAL CONSERVATION LAW — Unless otherwise specified, the New York State Environmental Conservation Law.[Added 5-7-1990 by L.L. No. 2-1990] ENVIRONMENTAL IMPACT ASSESSMENT — As defined in 6 New York Codes, Rules and Regulations (NYCRR) Part 617: a written evaluation prepared by a permit applicant which provides a description of a proposed project or development and a detailed analysis of its environmental effects.[Amended 5-7-1990 by L.L. No. 2-1990] FERTILIZERS — Any commercially produced mixture generally containing phosphorous, nitrogen and potassium which is applied to the ground to increase nutrients to plants. FLOODPLAIN — The one-hundred-year high-water level of streams, ponds, estuaries and lakes. GROUNDWATER — Any water beneath the land surface in the saturated zone that is under atmospheric or artesian pressure and that enters wells and springs. HERBICIDE — Any substance used to destroy or inhibit plant growth. HUMAN EXCRETA — Human feces and urine. JUNKYARD — An area where two or more unregistered, old or secondhand motor vehicles are being accumulated for purposes of disposal, resale of used parts or reclaiming certain materials, such as metal, glass, fabric and/or the like. LAND APPLICATION OF WASTEWATER — The distribution of municipal or industrial wastewater, by spray irrigation or direct flow, over the land surface with or without an underdrain system and point discharge(s). LINEAR DISTANCE — The shortest horizontal distance from the nearest point of a structure or object to the high-water mark of a reservoir or to the edge, margin or steep bank forming the ordinary high-water line of a watercourse. NEW YORK CITY RESERVOIR — The reservoirs used by the City of New York, including the Croton reservoir system. NONPOINT POLLUTION — Pollutants resulting from facilities, systems and activities which are not specifically covered by effluent permits issued under Title 8, § 17-0803, of the New York State Environmental Conservation Law. PESTICIDE — Any substance used to destroy or inhibit pests, such as rodents and insects. POINT SOURCE POLLUTION — Pollutants resulting from facilities, systems and activities which are covered and operate under a permit issued pursuant to Title 8, § 17-0803, of the New York State Environmental Conservation Law. POLLUTANT — Dredge, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. RADIOACTIVE MATERIAL — Any material in any form that emits radiation spontaneously. "Radiation" shall mean ionizing radiation, that is, any alpha particle, beta particle, gamma ray, x-ray, neutron, high-speed proton and any other atomic particle producing ionization, but shall not mean any sound or radio wave or visible, infrared or ultraviolet light. REFUSE — All putrescible and nonputrescible solid wastes, including garbage, manure, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid commercial and industrial wastes. REFUSE DISPOSAL AREA — Land used for the depositing of refuse, except that it shall not include the land used for the depositing of refuse from a single family, a member of which is the owner, occupant or lessee of said land, or any part of a farm on which only animal wastes resulting from the operation of such farm are deposited. RESERVOIR — Any natural or artificial lake or pond which is tributary to or serves as a source of the community water supply. SEPTAGE — That residue removed from on-site wastewater disposal systems. SEWAGE — Any liquid or solid waste matter from a domestic, commercial, private or industrial establishment which is normally carried off in sewers or waste pipes. SEWAGE DISPOSAL SYSTEM — Any system used for disposing of sewage, including an on-site disposal system and its seepage unit. SEWAGE SYSTEM CLEANER OR ADDITIVE — As defined in Article 3 of the New York State Environmental Conservation Law. SINGLE-USE LAKES AND IMPOUNDMENTS — Any and all natural lakes or man-made lakes created by impounding a free-flowing watercourse which have the provision of potable water as their sole intended use. SLUDGE — The solid residue resulting from a municipal or industrial process or wastewater or water treatment which also produces a liquid stream of effluent. SMALL LAKES AND PONDS — Water bodies with a surface area of 2.5 square miles or less. SURVEILLANCE ZONE — A groundwater management zone as delineated herein. They shall be designated "Zone 1," "Zone 2" and "Zone 3" for groundwater. TOXIC CHEMICAL — Any organic or inorganic substance, including but not limited to petroleum derivatives; any metallic elements, including the transition series; and any hazardous wastes which pose a substantial present or potential threat of producing injury or disease upon exposure, ingestion, inhalation or assimilation by a living organism. TREATMENT WORKS — Any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary landfill or other works not specifically mentioned in this definition installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage. VILLAGE — The Village of Croton-on-Hudson, New York.[Added 5-7-1990 by L.L. No. 2-1990] WATERCOURSE — Every spring, stream, marsh or channel of water of any kind which flows or may flow into the community water supply. WATERSHED — That land area which contributes surface water to a specific stream or lake or a delineated portion thereof. WATERSHED TRIBUTARY TO AQUIFER RECHARGE AREA — That land area which is the tributary surface from which the aquifer is replenished by runoff to the aquifer recharge area. The "watershed tributary to the aquifer recharge area" shall also be known as "Zone 3." WATER SUPPLY — The public water supply of the community. WELL — Any present and future artificial excavation used as a source of public water supply which derives water from the intersticies of the rocks or soils which it penetrates, including bored wells, drilled wells and driven wells, and excluding ditches or tunnels that lead ground water to the surface by gravity. WELLHEAD PROTECTION AREA — The area of the well field itself with a protective perimeter around each of the wells. This shall be known also as "Zone 1." ZONE 1 — The wellhead protection area as designated on the map entitled "Zones of Groundwater Protection, Croton-on-Hudson Well Field."[Amended 5-7-1990 by L.L. No. 2-1990] ZONE 2 — The aquifer recharge area as designated on the map entitled "Zones of Groundwater Protection, Croton-on-Hudson Well Field."[Amended 5-7-1990 by L.L. No. 2-1990] ZONE 3 — The watershed tributary to the aquifer recharge area as designated on the map entitled "Zones of Groundwater Protection, Croton-on-Hudson Well Field."[Amended 5-7-1990 by L.L. No. 2-1990] § 223-21. General provisions. A. Surveillance zones shall be designated as Zones 1, 2 and 3 as indicated on the map entitled "Zones of Groundwater Protection, Croton-on-Hudson Well Field." [Amended 5-7-1990 by L.L. No. 2-1990] B. Inspections shall be made by the Department of Health and the water supply owner in accordance with the Part 5 regulations of the New York State Sanitary Code. C. Permits and approvals by state agencies or political subdivisions shall not be issued for the manufacture, use, storage, disposal or discharge of any products, materials or by-products, such as liquid or solid wastes within the zones which might adversely affect water supply sources, including but not limited to a State Pollutant Discharge and Elimination System (SPDES) permit; on-site disposal systems; land application of wastewater; disposal wells; recharge basins; landfills; septage and sludge disposal: hazardous materials and toxic manufacture, storage, transportation, use and disposal; radiological material; wastewater lagoons and pits; and pesticide storage and use. All permits must be in conformance with this Article and ensure that the standards for raw water quality as contained in 10 NYCRR 1 and 6 NYCRR 703 are met. No systems, facilities or activities which would significantly degrade existing water quality are to be permitted. All water suppliers in the area, regional health offices, the Department of Health and the Commissioner of Health, the Water Maintenance Foreman and/or the General Foreman for the village, the Planning Board and Zoning Board of Appeals of the village and the Village Engineer shall be afforded an opportunity to comment on the permit applications for systems, facilities and activities in the zones before action is taken, and copies of all permits issued shall be sent to these agencies. Permit applications shall be sent to the water supply interests within 10 days of receipt; 30 days shall be allowed for review and comment by the interested agencies. No response shall be considered as having no objections. Copies of permits issued shall be sent to the interested agencies on the date of issuance. [Amended 5-7-1990 by L.L. No. 2-1990] D. Monitoring of water quality in the surveillance zones shall be the responsibility of the village's Water Department. A monitoring schedule shall be established that will develop an information base to demonstrate both acute and chronic changes in water quality over time. This requirement is in addition to monitoring intake raw water. E. Exceptions to the rules and regulations may be granted by the Commissioner of Health after appropriate study and review, based on prior usage or 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 in writing and only given after a hearing on the question has been held. F. Environmental assessments shall be prepared by all state and local agencies, covering all continuing program activities and special projects within the surveillance zones that may adversely affect water quality. The Commissioner of Health may require a full environmental impact statement in accord with 6 NYCRR 617 if the environmental review warrants. Any significant change in program activities requires an environmental assessment. All program environmental assessments shall be revised and updated every five years. [Amended 5-7-1990 by L.L. No. 2-1990] G. Potential water supply sources not yet developed and utilized may have surveillance zones designated by the Commissioner of Health to allow management of water bodies, watersheds and groundwater recharge areas and to preserve water quality for water supply purposes, provided that the New York State Commissioner of Environmental Conservation has designated the specific water resources as a public water supply reserve. [Amended 5-7-1990 by L.L. No. 2-1990] H. An inventory and census shall be initiated and updated on a regular basis by the supplier of all systems, facilities and activities in the surveillance zones that may contribute to water supply source contamination, including but not limited to the following: (1) Land use. (2) Population. (3) On-site disposal systems. (4) Dwelling units. (5) Domestic animals. (6) Pesticide and herbicide storage and use. (7) Deicing salt storage and application. (8) Landfills and dumps. (9) Wastewater storage pits and lagoons. (10) Animal waste storage. (11) Land application of wastewater, sludge and septage disposal. (12) Disposal wells. (13) Recharge basins. (14) Toxic waste manufacture, storage, transportation and use. (15) Fertilizer storage and application. (16) Surface and underground storage of gasoline, oil or other contaminating materials. (17) Commercial and industrial activity. (18) Point source discharges. (19) Storm sewer discharges. (20) Junkyards. (21) Agricultural activity. (22) Accidental spills. (23) Sediment generation and control practices. (24) Permits issued to regulate systems, facilities and activities. § 223-22. Regulations for specific groundwater protection zones. A. Surveillance zones for groundwater sources. Zone 1 is the wellhead protection area. Zone 2 is the aquifer recharge area. Zone 3 is the watershed area tributary to the recharge area. B. Specific regulations for Zone 1. (1) All land shall be protected and controlled through direct ownership of the land or through the acquisition of protective easements or other appropriate measures by the owner of the water supply in order to prevent pollution of the ground or groundwater. (2) All systems, facilities and activities are prohibited except for physical pumping and treatment facilities and controls. The area shall not be used for any purpose other than public water supply. (3) All wellheads and containment buildings must be in conformance with federal, state and local floodplain management or similar regulations or ordinances to prevent their contamination by floodwaters. This area shall further be protected from pollution by surface waters originating outside thereof by the construction of suitable diversion ditches or embankments. The development of the water sources shall be so carried out that there shall be no opportunity for pollution to enter the water sources. (4) The physical pumping facilities and controls shall be protected against damage from tampering by fencing or other suitable enclosures or by their manner of construction and installation. (5) The area will be posted prohibiting trespass for any purpose other than fishing as provided by the New York State Environmental Conservation Law. C. Specific regulations for Zone 2. (1) On-site disposal systems. (a) All on-site disposal systems serving single-family residences of 10 persons or less or with flows of less than 1,000 gallons per day shall be designed, installed and maintained in accordance with the Sanitary Code and the standards promulgated in 10 NYCRR 75. Westchester County Sanitary Codes and village laws shall also apply if they contain more stringent standards. [Amended 5-7-1990 by L.L. No. 2-1990] (b) A permit is required prior to the installation of any subsurface disposal system. This permit must be obtained from the Department of Health. Conditions for a permit shall be reviewed and approved by the village and shall include an approved engineering plan, verification of the percolation rate by a disinterested party and inspection of the installation prior to backfilling. Permits are renewable on a five-year basis. All septic tanks shall be pumped clean every five years or more often if conditions warrant. [Amended 5-7-1990 by L.L. No. 2-1990] (c) The applicable standards and permit requirements of the Department of Environmental Conservation shall apply to systems with flows in excess of 1,000 gallons per day or those which contain industrial wastewater. (d) The use of sewage system cleaners or additives is prohibited. (e) Where conditions warrant, water conservation plumbing fixtures may be required, and nonessential water-using appliances, such as garbage disposals, dishwashers and clothes washers, may be prohibited. (f) Where there is evidence that chlorides and/or nitrates are increasing at an undesirable rate, the density of subsurface seepage systems may be prohibited or limited by requiring minimum lot sizes or sewers for future development. (g) All composting toilets of the type that dispose of human excreta, washwaters and sink wastes require a permit from the Department of Health. [Amended 5-7-1990 by L.L. No. 2-1990] (2) Land application of wastewater. Land application of wastewater is prohibited. (3) Disposal wells. Disposal wells are prohibited. (4) Stormwater runoff recharge basins. Use of recharge basins is prohibited. (5) Snow disposal. The stockpiling of snow removed from urban areas onto the ground surface is prohibited. (6) Refuse disposal areas and junkyards. (a) The establishment of refuse disposal areas and junkyards is prohibited. The continued operation of existing refuse disposal areas is prohibited after January 1, 1989. (b) A comprehensive monitoring program for existing and abandoned refuse disposal areas, in accordance with 6 NYCRR 360, is required. (7) Animal wastes. (a) Farm animal wastes shall not be concentrated except where provision has been made to prevent seepage to the groundwater. Suitable storage facilities are required when it is not possible to spread or dispense waste on a daily basis. (b) In urban areas, pet owners are required to provide for animal waste disposal on an individual basis. (8) Land application of septage and municipal sludges. Land application of septage and municipal sludges is prohibited. (9) Leaking sewers. (a) All sewers installed shall be as tight as the state of the art allows. (b) Remedial measures shall be taken by the owner if evidence indicates excessive infiltration or exfiltration is occurring. (c) New sewers shall meet the tightness specifications for water mains as a minimum. (10) Industrial sludge and toxic chemicals. (a) No toxic chemical identified by the United States Environmental Protection Agency or the Department of Environmental Conservation shall be stored except under permit from those agencies and from the village. (b) Disposal of toxic chemicals and industrial sludge is prohibited. (c) Toxic chemicals shall not be buried in the soil, spread upon the surface on the ground or allowed to enter groundwaters. (d) Transportation of toxic chemicals is prohibited, except under permit of the New York State Department of Transportation pursuant to Article 2, Sections 14A through 14F, of the Transportation Law. [Amended 5-7-1990 by L.L. No. 2-1990] (11) Wastewater lagoons and pits. Use of wastewater lagoons and pits for temporary storage of wastewater is prohibited. All storage facilities shall be watertight and aboveground and under permit by the Department of Environmental Conservation. (12) Radioactive material. (a) Disposal of radioactive material is prohibited. (b) Transportation of radioactive material is prohibited, except under permit of the New York State Department of Transportation pursuant to Article 2, Sections 14A through 14F, of the Transportation Law. [Amended 5-7-1990 by L.L. No. 2-1990] (13) Fertilizer use. (a) Open storage of artificial fertilizers for commercial use is prohibited. (b) Agricultural use of fertilizers shall be in conformance with best management practices as developed by the New York State Soil and Water Conservation Committee and as implemented by the preparation and use of farm plans as required by the New York State Soil and Water Conservation District Law, Article 2, § 9, Subdivision (7-a). [Amended 5-7-1990 by L.L. No. 2-1990] (c) Fertilizer use for nonfarm and nonresidential application shall be in accordance with best management practices as developed under Subsection B 13(b) above. (14) Pesticide and herbicide use. (a) No pesticides or herbicides shall be used until an environmental assessment is made specifically addressing the question of groundwater contamination. (b) All pesticide and herbicide storage, use and application shall be under permit as provided in Environmental Conservation Law Article 33. (c) Use of streams for make-up water or washing of equipment is prohibited. (d) Disposal of containers and washing of equipment used in conjunction with pesticides and herbicides is prohibited. (15) Accidental spills. (a) Oil spills shall be reported and cleaned up pursuant to the New York State Navigation Law §§ 170 through 197. (b) Spills of any other material stored in bulk shall be reported as required by the Environmental Conservation Law § 17-1743. Cleanup of spills is the responsibility of the owner, in case of material in transit, cleanup is the responsibility of the carrier. (c) The Commissioner of Health shall be advised of any accidental spills within 48 hours. (16) Stockpiles. (a) Storage of chloride salts is prohibited except in waterproof buildings or in watertight vessels. (b) Storage of coal is prohibited except in watertight buildings or on a watertight surface which prevents seepage and runoff. (17) Deicing salt application. (a) Deicing salt use is restricted to a minimum amount needed for public safety in accordance with best management practices as developed by the New York State Department of Transportation. (b) Calcium chloride shall be used instead of sodium chloride where necessary to limit sodium input to waters. (18) Cemeteries. All cemeteries shall be operated in accordance with New York State Department of Health rules and regulations. [Amended 5-7-1990 by L.L. No. 2-1990] (19) Underground storage tanks and pipelines. (a) Underground storage of petroleum products or any other toxic chemicals or radioactive material is prohibited unless measures have been taken to ensure that leakage will not occur. (b) Any spills or leaks shall be reported as provided for in Subsection B(15). (c) The owner of any underground storage tank or pipeline is responsible for prompt reporting of any spills or leaks and for the costs of cleanup. (20) Atmospheric fallout. Appropriate monitoring of the constituents of precipitation shall be undertaken by the Village Water Department, the Department of Health and the Department of Environmental Conservation, and, where data indicate, appropriate action shall be taken. (21) Land use management. (a) Where groundwater deterioration is likely to be caused by land development, village officials shall ensure that appropriate zoning is implemented and, along with the Department of Health, they shall ensure that other controls are implemented to protect the groundwater, including, where appropriate, the designation of the aquifer as "sole source" as permitted in § 1442(e) of the New York State Safe Drinking Water Act. [Amended 5-7-1990 by L.L. No. 2-1990] (b) Environmental assessments must be prepared for the following and submitted to the Department of Health for review and comment before any permits are issued: [1] Excavations or cut-ins which expose groundwater permanently or during maximum elevation of the water table or which significantly reduce the thickness of the soil cover and thereby ease the entrance of contaminants into groundwaters. [2] The establishment of sand and gravel mining operations. [3] The construction of overhead transmission lines, liquefied natural gas lines or other pipelines for materials which can impair water quality. [4] Major surface transportation corridors. (22) Improperly constructed or abandoned wells. (a) All oil and gas wells shall be constructed in accordance with the requirements of the Department of Environmental Conservation. (b) All water supply wells shall be constructed in accordance with the requirements of the Department of Health. (c) All abandoned wells shall be sealed in accordance with requirements for oil and gas wells and requirements for water supply wells. D. Specific regulations for Zone 3. (1) On-site disposal systems. (a) All on-site disposal systems serving single-family residences of 10 persons or less or with flows of less than 1,000 gallons per day shall be designed, installed and maintained in accordance with Westchester County Sanitary Code and the standards promulgated in such code. Village laws shall also apply if they contain more stringent standards. [Amended 5-7-1990 by L.L. No. 2-1990] (b) A permit is required prior to the installation of any subsurface disposal systems. This permit must be obtained from the Department of Health. Conditions for a permit shall be reviewed and approved by the village and shall include an approved engineering plan, verification of the percolation rate by a disinterested party and inspection of the installation prior to backfilling. Permits are renewable on a five-year basis. All septic tanks shall be pumped clean every five years or more often if conditions warrant. [Amended 5-7-1990 by L.L. No. 2-1990] (c) The applicable standards and permit requirements of the Department of Environmental Conservation shall apply to systems with flows in excess of 1,000 gallons per day or those which contain industrial wastewater. (d) The use of sewage system or septic system cleaners or additives are prohibited. (e) Where conditions warrant, water conservation plumbing fixtures may be required, and nonessential water-using appliances, such as garbage disposals, dishwashers and clotheswashers, may be prohibited. (f) No portion of the seepage unit shall be constructed, placed or rebuilt within a fifty-foot linear distance of the recharge area or tributary watercourses. (g) Where rapid percolation is indicated, such as in rock fissures, the use of subsurface disposal systems may be prohibited. (2) Point discharge. Point source discharges to tributary streams are prohibited unless treatment equivalent to sand filtration and disinfection is provided for domestic wastewater and equivalent treatment for industrial wastewaters. All effluents will meet drinking water standards. (3) Storm sewer outlets. Storm sewer outlets shall not discharge directly to streams and watercourses. Provision shall be made to discharge to the surface of the ground 100 feet from a watercourse and a recharge area. (4) Snow disposal. The dumping of snow removed from streets, roads and parking areas directly into streams is prohibited. (5) Refuse disposal areas and junkyards. (a) No refuse shall be deposited on or beneath the surface of the ground within a two-hundred- fifty-foot linear distance of any watercourse or Zone 2. (b) Solid waste disposal facilities shall conform to 6 NYCRR 3 and be under permit. (c) Abandoned refuse disposal areas should be investigated, monitored when warranted and remedial action undertaken if undesirable conditions are present. (d) No junkyards shall be located within a two-hundred-fifty-foot linear distance of any watercourse or Zone 2. (6) Animal wastes. (a) No concentrations of animal wastes from an agricultural operation, including but not limited to manure piles, feedlots, barnyards and yarding areas, shall be located within a one-hundred-foot linear distance from any watercourse or Zone 2. (b) Barnyards, feedlots, yarding areas and manure piles shall be separated from streams by ditches or surface grading to prevent their runoff from entering streams. (c) Drainage from barnyards, feedlots, yarding areas or manure piles shall not be be discharged directly to any watercourse or to Zone 2. Such drainage shall be dispersed over the surface of the ground at a minimum distance of a two-hundred-fifty-foot linear distance from any watercourse or Zone 2. (d) Provision shall be made for satisfactory disposal of milk house waste either by surface or subsurface irrigation that prevents any discharge to any watercourse or Zone 2. Such facilities shall be located at least a one-hundred-foot linear distance from any watercourse or Zone 2. (e) Manure shall not be spread on frozen ground if there is any likelihood that surface runoff will be carried into streams. (f) Pet owners in urban areas must provide for animal waste disposal on an individual basis. (7) Septage and sludge disposal. (a) No septage, municipal sludge or human excreta shall be disposed of unless deposited in trenches or pits at a linear distance of not less than two-hundred-fifty-feet from any watercourse or Zone 2 and covered with not less than one foot of soil in such manner effectively to prevent it from being carried into any watercourse or into Zone 2 by surface runoff. (b) All disposal of septage, municipal sludge or human excreta shall be done only under permit issued by the Department of Environmental Conservation or the Department of Health, as appropriate. (8) Industrial sludges and toxic chemicals. (a) No industrial sludges and toxic chemicals shall be stored except under permit by the United States Environmental Protection Agency and the Department of Environmental Conservation. (b) Disposal of industrial sludges and toxic chemicals is prohibited. (c) Toxic chemicals shall not be buried in the soil, spread upon the surface of the ground or allowed to enter groundwaters. (d) Transportation of toxic chemicals is prohibited, except under permit of the New York State Department of Transportation pursuant to Article 2, Sections 14A through 14F, of the Transportation Law. [Amended 5-7-1990 by L.L. No. 2-1990] (9) Radioactive material. Disposal of radioactive material is prohibited. (10) Fertilizer use. (a) Open storage of artificial fertilizers for commercial use is prohibited. (b) Agricultural use of fertilizers shall be in conformance with best management practices as developed by the New York State Soil and Water Conservation Committee and implemented by the preparation and use of farm plans as required by the New York State Soil and Water Conservation Districts Law § 9, Subdivision (7-a). (c) Fertilizer use for nonfarm and nonresidential application shall be in accordance with best management practices as developed under Subsection D(10)(b) above. (11) Pesticide and herbicide use. (a) All pesticide and herbicide storage, use and application shall be under permit as provided in Environmental Conservation Law Article 33. (b) Disposal of containers of unused pesticides and herbicides is prohibited except in accordance with the permit issued as indicated under Subsection D(11)(a). (c) Use of streams for make-up water or washing of equipment is prohibited. (12) Accidental spills. (a) Oil spills shall be reported and cleaned up pursuant to the New York State Navigation Law §§ 170 through 197. (b) Spills of any material stored in bulk shall be reported as required by Environmental Conservation Law § 17-1743. Cleanup of spills is the responsibility of the carrier. (c) The Commissioner of Health shall be advised of any accidental spills within 48 hours. (d) Underground storage of petroleum products or any other contaminating material is prohibited unless measures have been taken to ensure that leakage will not occur. Underground tanks at facilities where over one thousand one hundred gallons of material are stored must be tested in accordance with New York State Department of Environmental Conservation bulk storage petroleum and chemical regulations. Bare steel or painted steel tanks must be tested, in accordance with accepted testing procedures, initially when the tank is 10 years old and every five years thereafter. State-of-the-art, corrosion-resistant underground tanks must be initially tested when they are 15 years old and every five years thereafter. Underground tanks that are not regulated by the bulk storage requirements must be tested when they are 10 years old and every five years thereafter. All results of tank testing must be reported to the village. [Amended 5-7-1990 by L.L. No. 2-1990] (13) Stockpiles. (a) Storage of chloride salts is prohibited within a five-hundred-foot linear distance of any watercourse or Zone 2 except in weatherproof buildings or watertight vessels. (b) Storage of coal is prohibited except in watertight buildings or on a watertight surface which prevents seepage and runoff. (14) Deicing salt application. (a) Deicing salt use is restricted to the minimum amount needed for public safety in accordance with best management practices as developed by the New York State Department of Transportation. (b) Calcium chloride shall be used instead of sodium chloride where possible to limit sodium input to area waters. (15) Cemeteries. No internment of a human body shall be made within a two-hundred-fifty-foot linear distance of a watercourse or Zone 2. (16) Sediment generation. (a) Farm tillage practices shall be in conformance with best management practices as developed by the New York State Soil and Water Conservation Committee and implemented by the preparation and use of farm plans as required by the New York State Soil and Water Conservation Districts Law § 9, Subdivision (7-a). (b) All farms shall have an operational farm plan pursuant to Subsection D(16)(a) above in place. (c) Soil erosion and sediment production by stream and road bank erosion shall be evaluated by the Westchester County Soil and Water Conservation District and appropriate remedial action taken where necessary. (d) All land-disturbing activity, including general construction, highway construction, access road construction and maintenance, is prohibited except where remedial measures have been put in place to minimize erosion and sediment production as specified in local laws and regulations. (17) Atmospheric fallout. Appropriate monitoring of the constituents of precipitation shall be undertaken by the Village Water Department, the Department of Health and the Department of Environmental Conservation and where data indicate appropriate action be taken. (18) Land use management. (a) Where groundwater deterioration is likely to be caused by land development or use, village officials shall ensure that appropriate zoning is implemented and, along with the Department of Health, they shall ensure that other controls are implemented to protect the groundwater. [Amended 5-7-1990 by L.L. No. 2-1990] (b) All lands or tributary streams draining to public water supply aquifers shall be so identified on land use maps and in zoning regulations.114 114. Editor's Note: See Ch. 230, Zoning. ARTICLE III Cross-Connection Program [Adopted 6-21-1993 by L.L. No. 3-1993] § 223-23. Purpose. The purpose of this Article is to safeguard potable water supplies from potential contamination by preventing backflow from a water user's system into the public water supply system and to comply with the requirements of the New York State Sanitary Code, Part 5, Section 5-1.31. § 223-24. Cross-connection control devices. A. Cross-connection control devices conforming to the current requirements of the New York State Department of Health and the Westchester County Department of Health shall be installed by a qualified licensed plumber (person or contractor licensed by the village) hired by the owner of those systems, upon application to and approval by the village and the Westchester County Department of Health pursuant to the rules of those Departments in force at the time of the application. B. Certificates of occupancy shall not be issued for new or modified/renovated/rehabilitated structures without a letter from the general foreman of the Department of Public Works or his/her designee stating that the cross-connection control devices have been properly installed and tested. C. The cost to install the cross-connection control devices shall be borne by the owner of the property. § 223-25. Upgrade of preexisting systems. The village, through such persons as are designated by the Village Manager, shall, by certified mail, notify those property owners or occupants whose water systems require cross-connection control devices pursuant to the requirements of the New York State Sanitary Code and the Westchester County Department of Health. Property owners or occupants so notified shall, within 60 days following the service of such notice, install cross-connection control devices in accordance with the provisions of this Article. § 223-26. Testing; owner liability for costs. The testing of cross-connection control devices shall be performed by a state-certified tester on an annual basis or at such other intervals as required by New York State and Westchester County regulations, and the cost of such testing shall be borne by the owner of the system. § 223-27. Manual adopted. The Cross-Connection Control Manual published by New York State Department of Health, Bureau of Public Water Supply, dated January 1981, or latest revisions thereto, is hereby adopted by reference. Compliance with the provisions of this manual shall constitute compliance with this Article. § 223-28. Penalties for offenses. In addition to the penalties provided for in Chapter 1, Article 1, § 1-1 of the Village Code, the service of water to any premises may be discontinued by the water supplier if cross-connection control devices required by this Article and regulations adopted pursuant thereto are not installed, tested and maintained, if any defect is found in an installed cross-connected control device, if it is found that a cross-connected control device has been removed or bypassed or if unprotected cross-connections exist on the premises, and service will not be restored until such conditions or defects are corrected. § 223-28 WATER CROTON-ON-HUDSON CODE § 225-2