N.Y. Comp. Codes R. & Regs. tit. 10 § 112.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 112.5 - Village of Millbrook

(a) Application. The rules and regulations set forth in this section duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to the source of the public water supply of the village of Millbrook. Said water supply is located approximately one mile east of the village along NYS Route 44 on land identified as Dutchess County Office of Real Property Tax number 6865-265185. The location of boundaries designated for the protection zones, which comprise the Millbrook public water supply watershed, are described on the watershed protection zone map, dated April 1992 and filed with the New York State Commissioner of Health, Albany, NY, and with the village clerk of the village of Millbrook, Dutchess County, NY, and included as subdivision (j) of this section.

(b) Definitions.

(1) Agricultural associated animal waste shall mean manure obtained from agricultural industries.

(2) Aquifer shall mean a consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding a significant amount of groundwater to wells, springs or infiltration galleries.

(3) Chloride salt shall mean any bulk quantities of chloride compounds and other deicing compounds intended for application to roads, including mixtures of sand and chloride compounds in any proportion where the chloride compounds constitute over eight percent of the mixture. A bulk quantity of chloride compounds means a quantity of 1,000 pounds or more, but does not include any chloride-compounds in a solid form, including granules, which are packaged in waterproof bags or containers which do not exceed 100 pounds each.

(4) Commissioner of Health unless otherwise noted, shall be the Commissioner of Health of the State of New York.

(5) Disposal shall mean the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste, radioactive material, hazardous waste, or wastewater into or on any land or water so that such solid waste, radioactive material, hazardous waste, or wastewater will remain on the land or water and will not be removed.

(6) Environmental assessment form shall be a form used by an agency to assist it in determining the environmental significance or nonsignificance of actions as defined in 6 NYCRR, Part 617.

(7) Fertilizers shall be any commercially produced mixture generally containing phosphorous, nitrogen, and potassium which is applied to the ground to increase nutrients to plants.

(8) Flood plain shall be the land contiguous to streams, ponds, estuaries, and lakes which would be inundated by the flood having a one percent chance of being equalled or exceeded in any given year.

(9) Groundwater shall be any water beneath the land surface in the saturated zone.

(10) Hazardous material shall mean any substance listed in or exhibiting characteristics identified in either 6 NYCRR Part 371 or 597.

(11) Herbicides shall mean any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed, and being those substances defined as herbicides pursuant to Environmental Conservation Law, section 33-0101.

(12) Human excreta shall mean human feces and urine.

(13) Manure shall mean animal feces and urine.

(14) Nonagricultural associated animal waste shall mean manure obtained from nonagricultural industries.

(15) Nonpoint discharge shall mean discharges of pollutants not subject to SPDES (State Pollutant Discharge Elimination System) permit requirements.

(16) Open storage shall mean the holding of a material in a way that the material is exposed to the elements of nature.

(17) Pest shall mean:

(i) any insect, rodent, fungus, weed; or

(ii) any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other micro-organism (except viruses, bacteria or micro-organisms on or in living man or other living animals) which the Commissioner of Environmental Conservation declares to be a pest, as provided by Environmental Conservation Law, section 33-0101.

(18) Pesticide shall mean any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant, and being those substances defined as pesticides pursuant to Environmental Conservation Law, section 33-0101 et seq.

(19) Point source discharge shall mean pollutants discharged from a point source as defined in Environmental Conservation Law, section 17-0105.

(20) Protection zone shall mean any of the watershed management zones, as delineated on the watershed protection zone map, dated April 1992, and included as subdivision (j) of this section and described herein. These zones shall be designated Zone I, Zone II and Zone III.

(21) Radioactive material shall mean any material in any form that emits radiation spontaneously, excluding those radioactive materials or devices containing radioactive materials whose receipt, possession, use and transfer are exempt from licensing and regulatory control pursuant to regulations of the New York State Department of Labor or United States Nuclear Regulatory Commission.

(22) 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.

(23) Recyclables handling and recovery facility shall mean a solid waste management facility, other than pickup and transfer vehicles, at which recyclables are separated from the solid waste stream, or at which previously separated recyclables are collected, for collection, storage, and off-site shipment.

(24) Septage shall be the contents of a septic tank, cesspool, or other individual wastewater treatment work which receives domestic sewage wastes.

(25) Sludge shall be the solid, semi-solid or liquid waste generated from a waste processing facility, but does not include the liquid stream of effluent.

(26) Solid waste shall mean all putrescible and nonputrescible materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris, discarded automobiles and offal but not including sewage and other highly diluted water carried materials or substances and those in gaseous form, and being those wastes defined as solid waste pursuant to Environmental Conservation Law, section 27-0701.

(27) Solid waste management facility means any facility employed beyond the initial waste collection process including, but not limited to, transfer stations, bailing facilities, rail haul or barge haul facilities, processing systems, including resource recovery facilities or other facilities for reducing solid waste volume, sanitary landfills, facilities for the disposal of construction and demolition debris, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities, as defined in Environmental Conservation Law, section 27-0701 et seq.

(28) Spill shall mean any escape of a substance from the containers employed in storage, transfer, processing, or use.

(29) State Pollutant Discharge Elimination System or SPDES shall mean the system established pursuant to article 17 title 8 of the Environmental Conservation Law for issuance of permits authorizing discharges to the waters of the State of New York.

(30) Stormwater runoff recharge basins shall mean a man-made device capable of retaining surface water runoff to induce groundwater infiltration.

(31) Supplier of water shall mean the village of Millbrook, Dutchess County, NY, incorporated under the laws of New York State. The village of Millbrook is the owner and operator of the public water supply facilities located within the watershed protection zones as described on the watershed protection zone map, dated April 1992, filed with the New York State Commissioner of Health, Albany, NY, and with the village clerk of the Village of Millbrook, Dutchess County, NY, and included as the subdivision (j) of this section.

(32) Wastewater treatment work shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, collection and distribution pipes, on-site disposal systems and seepage units, constructed drainage ditch or surface water intercepting ditch, or other works not specifically mentioned in this paragraph, installed for the purpose of transport, treatment, neutralization, stabilization, storage, or disposal of wastewater.

(33) Wastewater shall mean aqueous carried waste including, but not limited to, dredge spoil, solid waste, hazardous waste, incinerator ash and residue, septage, garbage, refuse, sludge, chemical waste, infectious waste, biological material, radioactive materials, heat, and industrial, municipal and agricultural waste.

(34) Water supply protection zone shall mean the land area, known as Zone II, delineated on the map, dated April 1992 and filed with the New York State Commissioner of Health and with the village clerk of the village of Millbrook, and included as subdivision (j) of this section. The water supply protection zone includes a portion of the Millbrook stream bed, a portion of the intermittent surface stream network, the southeastern gravel deposit areas of the watershed and other areas of the watershed having gravelly and sandy soils.

(35) Watershed protection zone shall mean the land area, known as Zone III, which is tributary to Zone II and is the tributary surface area from which the aquifer is replenished by runoff. The watershed protection zone is delineated on the map, dated April 1992 and filed with the New York State Commissioner of Health and with the village clerk of the village of Millbrook, and included as subdivision (j) of this section.

(36) Water supply shall mean the public water supply of the village of Millbrook.

(37) Watercourse shall mean every spring, stream, wetland, and marsh, from which water may flow into the village of Millbrook public water supply.

(38) Watershed shall mean that land area which contributes water to a specific stream, aquifer or aquifer recharge area or portion(s) thereof and shall include the three designated protection zones known as Zone I, Zone II, and Zone III.

(39) Well shall mean any present or future artificial excavation used as a source of public water supply which derives water from the interstices of the rocks or soils which it penetrates including bored wells, drilled wells, driven wells, infiltration galleries, and trenches with perforated piping, but excluding ditches or tunnels, used to convey groundwater to the surface.

(40) Well head protection zone shall mean the +-119.0 acre parcel owned by the supplier of water (identified as tax parcel #6865-265185) located at the confluence of the Shaw Brook and the Mill Brook which contains the public water supply facilities and the well cone of depression. This zone shall also be known as Zone I as delineated on the map, dated April 1992 and filed with the New York State Commissioner of Health and with the village clerk of the village of Millbrook, and included as subdivision (j) of this section.

(c) General provisions.

(1) The manufacture, use, storage, disposal or discharge of any products, materials or by-products, such as wastewater, solid waste, hazardous waste or any pollutant within the identified protection zones must conform to the requirements of this section.

(2) Any person or entity preparing an environmental assessment form or an environmental impact statement for a project in Zones I, II, or III as defined in this section shall file a copy with the Commissioner of Health and the supplier of water.

(3) An inventory and census shall be initiated and updated every five years by the supplier of water of all systems, facilities and activities in the protection zones that may contribute to water supply source contamination including, as a minimum, those activities included in the original inventory and census, a summary of which is included as subdivision (k) of this section.

(4) Spills. Within any of the herein defined protection zones, any person who is the owner of, or in actual or constructive possession or control of a hazardous material, petroleum, or radioactive material, or any agent or employee thereof, or any person in a contractual relationship therewith, who is responsible for, or has knowledge of any spill, as defined in subdivision (b) of this section, of any hazardous material, petroleum, or radioactive material to the ground surface or any water body, shall notify the supplier of water, the New York State Department of Environmental Conservation and the Dutchess County Department of Health. All spills shall be reported to the supplier of water, the New York State Department of Environmental Conservation and the Dutchess County Department of Health within two hours of such spill, or when knowledge of such spill is obtained.

(d) Specific regulations: Zone I.

(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 supplier of water in order to prevent contamination.

(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 except when a permit has been issued by the village board for non-intrusive recreation uses such as hunting, fishing, picnicking, nature study, or hiking.

(3) The development of the water supply sources shall be designed, constructed and maintained subject to the approval and enforcement authority of the Dutchess County Health Department, New York State Department of Environmental Conservation and New York State Department of Health so as to eliminate the 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 enclosures or by their manner of construction and installation.

(5) The area shall be posted prohibiting trespass for any purpose except as permitted in paragraph (2) of this subdivision.

(e) Specific regulations: Zone II.

(1) Wastewater treatment works:

(i) all wastewater treatment works discharging to groundwater and receiving wastewater without the admixture of industrial or other wastes, as those terms are defined in Environmental Conservation Law, section 17-0701, in quantities of less than 1,000 gallons per day shall be designed, installed and maintained in accordance with the standards established in 10 NYCRR Part 75 (Appendix 75-A) and any wastewater disposal standards promulgated by the Dutchess County Health Department where such standards are more stringent. Where required, permits for the installation or continued use of wastewater treatment works shall be obtained and may be denied when rapid percolation is found; and

(ii) all other wastewater treatment works, including design, installation and maintenance, are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation.

(2) Point source discharge. Point source discharges, other than stormwater runoff conduits and discharges pursuant to subparagraph (1)(i) of this subdivision, are prohibited except pursuant to an authorization issued by the New York State Department of Environmental Conservation.

(3) Septage and sludge:

(i) storage of septage, sludge or human excreta, other than storage associated with the operation of an individual wastewater treatment work, is prohibited; and

(ii) the land application of septage, sludge or human excreta is prohibited.

(4) Solid waste management facilities. The establishment or continued operation of solid waste management facilities are prohibited, except for a disposal area located within the property boundaries of a single family residence or farm for solid waste generated from that residence or farm or a recyclables handling and recovery facility with an on-site capacity not exceeding 450 tons per month, operated pursuant to a valid permit, regulatory exemption or other authorization by the New York State Department of Environmental Conservation.

(5) Animal waste storage. Areas utilized for the storage or stockpiling of manure and agricultural associated animal waste shall be constructed and maintained such that seepage, leachate or runoff from storage or stockpiling of animal waste cannot adversely impact the quality of the groundwater or surface water.

(6) Hazardous material:

(i) storage and use of hazardous material is subject to the approval and enforcement authority of the State Department of Environmental Conservation or other agency having jurisdiction; and

(ii) disposal of hazardous material is prohibited.

(7) Radioactive material. Storage, use and disposal of radioactive material are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation, the State Department of Health, and any other State or Federal agency having jurisdiction.

(8) Fertilizer and manure use:

(i) open storage of fertilizers for nonfarm and nonresidential use is prohibited;

(ii) agricultural use of fertilizers and land application of manure shall be in conformance to the degree practicable with Controlling Agricultural Nonpoint Source Water Pollution in New York State - A Guide to the Selection of Best Management Practices to Improve and Protect Water Quality, dated 1991, prepared by Patricia Longabucco, published by the Bureau of Technical Services and Research, Division of Water, New York State Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12223, and available for public inspection and copying from the New York State Department of Health, Bureau of Management Services, Empire State Plaza, Corning Tower, Room 2230, Albany, NY 12237; and

(iii) fertilizer use for nonfarm and nonresidential usage shall not be applied in a manner or at rates which would contaminate the village water supply.

(9) Pesticide and herbicide use:

(i) pesticide and herbicide storage and use are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation;

(ii) disposal of pesticides, including herbicides other than for those uses set forth in subparagraph (i) of this paragraph, is prohibited;

(iii) disposal of water used for make-up water or for washing of equipment is prohibited except pursuant to an authorization issued by the New York State Department of Environmental Conservation; and

(iv) use of streams as a source of water or for make-up water or washing of equipment used in conjunction with pesticides and herbicides is prohibited.

(10) Petroleum storage:

(i) aboveground or underground petroleum storage tanks, including design, installation and maintenance, are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation as per Environmental Conservation Law, sections 17-0303 and 17-1001 et seq.; and

(ii) abandoned petroleum tanks are subject to the closure requirements of 6 NYCRR, section 613.9.

(11) Stockpiles:

(i) storage of chloride salts is prohibited except in structures designed to minimize contact with precipitation and constructed on low permeability pads designed to control seepage and runoff; and

(ii) storage of coal is prohibited except in structures designed to minimize contact with precipitation and constructed on low permeability pads designed to control seepage and runoff.

(12) Chloride salt application. Deicing chloride salt use is restricted to the minimum amount needed for public safety.

(13) Construction and closure of wells:

(i) oil and gas well construction, maintenance and abandonment are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation; and

(ii) water supply well construction, maintenance and abandonment are subject to the approval and enforcement authority of the Dutchess County Health Department and the New York State Department of Health as set forth in standards and procedures contained in section 5-1.22 of the State Sanitary Code and the New York State Department of Environmental Conservation under 6 NYCRR Part 601.

(14) Cemeteries. All cemeteries shall be operated to prevent contamination of the public water supply.

(15) Sediment generation:

(i) farm tillage practices shall be in conformance to the degree practible with Controlling Agricultural Nonpoint Source Water Pollution in New York State - A Guide to the Selection of Best Management Practices to Improve and Protect Water Quality, prepared by Patricia Longabucco, published by the Bureau of Technical Services and Research, Division of Water, New York State Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12223, and available for public inspection and copying from the New York State Department of Health, Bureau of Management Services, Empire State Plaza, Corning Tower, Room 2230, Albany, NY 12237; and

(ii) land disturbing activities which may result in deterioration of the quality or quantity of the public water supply source, including general construction, highway construction, access road construction and maintenance are prohibited except where measures have been put in place to prevent erosion and sediment production.

(f) Specific regulations: Zone III.

(1) Wastewater treatment works:

(3) Septage and sludge:

(i) land application of septage, sludge or human excreta within 200 linear feet of any stream, watercourse or Zone I or Zone II boundary is prohibited; and

(ii) land application of septage, sludge or human excreta which is permitted under this subdivision shall be pursuant to a permit issued by the New York State Department of Environmental Conservation or New York State Department of Health as appropriate.

(4) Solid waste management facilities. Solid waste management facilities may be established or operated pursuant to a valid permit, regulatory exemption, or other authorization issued by the New York State Department of Environmental Conservation.

(6) Hazardous material. Storage, use and disposal of hazardous material are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation or other agency having jurisdiction.

(7) Radioactive material. Storage, use, or disposal of radioactive material are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation, New York State Department of Health and other State or Federal agencies having jurisdiction.

(8) Fertilizer and manure use:

(i) open storage of fertilizers for nonfarm and nonresidential use is prohibited;

(iii) fertilizers for nonfarm and nonresidential usage shall not be applied in a manner or at rates which would contaminate the village water supply.

(9) Pesticide, including herbicide, use:

(i) all pesticide, including herbicide, storage, application and use shall be subject to approval and enforcement authority of the New York State Department of Environmental Conservation;

(ii) disposal of pesticides, including herbicides, other than those uses set forth in subparagraph (i) of this paragraph, is prohibited unless approved by the New York State Department of Environmental Conservation;

(iv) use of streams for make-up water or washing of equipment used in conjunction with pesticides and herbicides is prohibited.

(10) Petroleum storage:

(i) aboveground or underground petroleum storage tanks shall be installed, operated and maintained as required by Environmental Conservation Law, sections 17-0303 and 17-1001 et seq.; and

(ii) abandoned petroleum tanks are subject to the closure requirements of 6 NYCRR section 613.9.

(11) Stockpiles:

(ii) storage of coal is prohibited except in structures designed to minimize contact with precipitation and constructed on low permeability pads designed to control seepage and runoff.

(12) Chloride salt application. Deicing chloride salt use is restricted to the minimum amount needed for public safety.

(13) Construction and closure of wells:

(i) oil and gas well construction, maintenance and abandonment are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation; and

(ii) water supply well construction, maintenance and abandonment are subject to the approval and enforcement authority of the Dutchess County Department of Health and the New York State Department of Health as set forth in the standards and procedures contained in section 5-1.22 of the State Sanitary Code and the New York State Department of Environmental Conservation under 6 NYCRR, Part 601.

(14) Cemeteries. All cemeteries shall be operated to prevent contamination of the public water supply.

(15) Sediment generation:

(i) farm tillage practices shall be in conformance to the degree practicable with Controlling Agricultural Nonpoint Source Water Pollution in New York State - A Guide to the Selection of Best Management Practices to Improve and Protect Water Quality, dated 1991, prepared by Patricia Longabucco, published by the Bureau of Technical Services and Research, Division of Water, New York State Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12223, and available for public inspection and copying from the New York State Department of Health, Bureau of Management Services, Empire State Plaza, Corning Tower, Room 2230, Albany, NY 12237; and

(ii) land disturbing activities which may result in the deterioration of the quality or quantity of the public water supply source including general construction, highway construction, access road construction and maintenance are prohibited except where measures have been put in place to minimize erosion and sediment production.

(g) Inspections. The officials of the village of Millbrook, or any persons charged with the maintenance or supervision of the public water supply system by its officers or their duly appointed representative, shall make regular and thorough inspections of the identified protection zones to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid officials to cause copies of any rules and regulations violated to be served upon the persons violating the same, together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid officials to promptly notify the Commissioner of Health or his designee of such violations. The aforesaid shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations abated and the general conditions of the protection zones at the time of the last inspection.

(h) Variances.

(1) The Commissioner of Health, or his authorized representative, may, upon written application from the owner, operator, or person in charge of a site, grant a variance from the requirements of these regulations, provided that a variance may only be granted if the regulated activity, alone or cumulatively with any other proposed activity, will not cause the contamination or degradation of the water supply. The issuance of a variance shall not authorize any use or extension of use in Zones I, II, or, III for which a permit is required by any local, State or Federal authority, but shall authorize the filing of a permit application.

(2) An application for a variance must:

(i) include the applicant's name, address, and his interest in the subject property; and the owner's name and address if different from the applicant;

(ii) include the owner's signed consent to the application if made by any person or entity other than the owner of the site;

(iii) include the street address and legal description of the subject site;

(iv) include a sketch plan illustrating all proposed site alterations, all structures existing on site, the existing uses and zoning of adjacent parcels, site contours and drainage patterns;

(v) demonstrate that the regulated activity will not cause an increased risk of contamination or degradation of the water supply;

(vi) identify the specific provision of these rules and regulations from which the variance is sought;

(vii) demonstrate that due to conditions unique and peculiar to the applicant's situation, compliance with these rules and regulations would be unduly burdensome or result in substantial hardship that cannot be otherwise mitigated;

(viii) demonstrate that any undue burden or substantial hardship was not created by the applicant, and cannot be avoided except by a variance;

(ix) demonstrate that alternatives to the regulated activity have been considered and that there is no available alternative which would not require a variance;

(x) demonstrate the regulated activity as proposed includes adequate mitigation measures to justify such variance; and

(xi) be submitted to the supplier of water and the commissioner.

(3) Review by the supplier of water. Within 90 days of the receipt of an application for variance, the supplier of water shall make a written recommendation to the commissioner as to whether the applicant has met the standards for a variance. In order to make its recommendation, the supplier of water may request additional information from the applicant. The supplier of water may also hold a public hearing on the application, upon 30 days notice. The supplier of water's written recommendation shall be forwarded by the supplier of water to the commissioner and served on the applicant.

(4) Decision of the commissioner:

(i) the commissioner or his authorized representatives may solicit the views of the supplier of water on a variance application. After reviewing the application and any recommendations provided by the supplier of water, the commissioner will render a decision to grant, grant with conditions or deny a variance application. The requirements of paragraph (2) of this subdivision shall be used as the basis for each decision. The commissioner may hold a public hearing on the application, if deemed necessary, to seek further information prior to rendering a final decision;

(ii) the commissioner shall impose such conditions as he or she may deem necessary or prudent to preserve the quality of the water supply. All conditions shall be expressly set forth and the reasons for such conditions specified. Violations of the conditions of a variance shall be a violation of these rules and regulations;

(iii) the issuance of a variance from a requirement imposed by this section shall not act as a variance from any regulation or requirement of any other Federal, State or local agency, or any other regulation or requirement of the Department of Health; and

(iv) in granting a variance or a conditioned variance, the commissioner may require financial security, impose time limitations or limit transfer of the approval.

(i) Remedies for violation. Remedies for violation of these rules and regulations shall be those specified by sections 1102 and 1103 of the Public Health Law.

(j) Village of Millbrook - Water Supply Protection Zone Map, April 1992.

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(k) Millbrook Watershed Inventory and Census, Revised 1992.

Village of Millbrook

Summary Report

Millbrook Watershed Inventory and Census

(Revised 1992)

In order to assess the impact to regulated parties of the proposed watershed rules and regulations, an inventory of the existing land uses within the Millbrook public water supply watershed was conducted by the village. The land use inventory was then compared with the prohibited activities as described in the proposed watershed rules and regulations. The land use inventory was compiled using:

1. A land use survey of the Millbrook watershed conducted in 1988. The individual landowners in the watershed were contacted either in person or by telephone and asked about: current land use; location and number of on-site structures; location, number and content of on-site bulk storage tanks; location, size and type of on-site wastewater treatment facilities; and location, depth and yield of on-site drinking water wells. A copy of the survey form used is attached to this report. [FN1]

2. The April 1989 list of Inactive Hazardous Waste Disposal Sites for Dutchess County, prepared by the New York State Department of Environmental Conservation.

B. The January 1990 Quarterly Status Report of Inactive Hazardous Waste Disposal Sites, prepared by the New York State Department of Environmental Conservation.

4. The Freedom of Information Law to request information concerning generators of hazardous waste and owners and operators of petroleum and chemical bulk storage facilities.

5. A visual survey.

6. Recent subdivision and site plan maps on file with the Town of Washington Planning Board.

Land Use Inventory:

As identified through the land use inventory, land uses within the Millbrook public water supply watershed are:

Mabbettsville Hamlet

A veterinarian; bowling alley; proposed retail nursery/landscape operation; ice cream stand; automobile dealership with repair facility; automobile repair shop; professional offices; retail delicatessen; antique shop; apartment building; municipal park with swimming (pond); power equipment dealership building (vacant); and single family dwellings. Outside of the Mabbettsville Hamlet

Large areas of vacant land either currently used or once used as pasture or cultivation of crops for food or livestock; large lot (greater than 5 acres) single family residences; horse and cattle farms with single family and accessory apartments, barns and outbuildings; tool manufacturer; apartment building; private school; municipal landfill; and private hunting preserve.

ANALYSIS:

The comparison of land uses within the Millbrook public water supply watershed with the proposed watershed rules and regulations indicates that adoption and implementation of the proposed rules and regulations will not have a detrimental economic impact on landowners within the watershed and will not result in the significant loss of the economic value of any existing residential, commercial or municipal land uses This conclusion is based on the following:

[*] In Zone I, any use of the well head protection area other than as a public water supply and for non-intrusive recreation activities such as hunting, fishing, picnicking, nature study and hiking is prohibited.

The village of Millbrook owns in fee simple absolute the 119 acre site on which the public water supply infiltration galleries and wells are located. This entire 119 acre parcel is designated Zone I and is under the exclusive control of the village of Millbrook. No economic impact to the use and ownership of the Zone I area is anticipated.

[*] In Zone II and Zone III, wastewater treatment works must be properly designed installed and maintained.

On-site wastewater treatment, storage and disposal for the individual residential, commercial and municipal land uses within the watershed are provided through individual septic systems. No economic impact to residential, commercial or municipal land uses in Zone II and Zone III as a result of the design, installation and maintenance requirement for wastewater treatment works is anticipated.

[*] In Zone II, storage of septage, sludge or human excreta are prohibited. The exception is for storage and disposal of septage, sludge or human excreta associated with a properly functioning wastewater treatment work.

No commercial or private sites for storage of septage, sludge or human excreta, other than storage and disposal of wastewater associates with the proper operation of individual wastewater treatment works, were identified by the land use inventory. On-site storage of septage, sludge and human excreta via individual wastewater treatment works for residential, commercial or municipal land uses are permitted within Zone II. No economic impact to residential, commercial or municipal land uses as a result of the prohibition on storage or disposal of septage, sludge or human excreta is anticipated.

[*] In Zone II, solid waste management facilities are prohibited. The exception is for disposal areas located within the property boundaries of a single family residence or farm used for disposal of solid waste generated by that single family or farm, and a recycling facility having an on-site capacity not exceeding 450 tons per month.

The proposed definition of "solid waste management facility" is taken directly from the rules and regulations promulgated by the New York State Department of Environmental Conservation regarding solid waste disposal facilities and landfills. (See 6 NYCRR 360 et seq.). Included in the Part 360 regulations are specific exemptions to the regulations (6 NYCRR 360-1.7(b)) for certain waste disposal and resource separation activities. The proposed Zone II exception to the watershed rules and regulations for disposal areas located within the property boundary of a single family residence or farm, and for recycling facilities having a limited on-site storage capacity, are consistent with the Part 360 regulations and exemptions to the regulations.

Only one solid waste management facility within the Zone II boundary, the town of Washington landfill, was identified. The town landfill would be directly affected by adoption and implementation of the proposed watershed rules and regulations. Implementation of the rules and regulations would require closure of the landfill resulting in loss of the use of municipal property and potential hardship on town residents to find alternative waste disposal sites. However, the town of Washington is currently under a consent order to study the closure of the landfill and is actively moving toward preparation of a closure plan. Because the town was undertaken to close the existing landfill and provide for post closure monitoring, the prohibition on solid waste management facilities within Zone II will have no additional adverse economic effect on, town residents or the town of Washington.

[*] In Zones II, disposal of hazardous material is prohibited.

The proposed rules will not prohibit the storage and use of hazardous material as part of a business process but will prohibit disposal of such material anywhere in the Zone II boundary. No operational sites for commercial or private disposal of hazardous material within Zone II were identified by the land use inventory. Although the inventory identified an automobile dealership located in Mabbettsville as a listed generator of hazardous material, the dealership is required, pursuant to Environmental Conservation Law, to provide for disposal of hazardous material in a permitted hazardous waste disposal facility. There are no permitted hazardous waste disposal facilities located anywhere in the Millbrook public water supply watershed. Thus, the prohibition on disposal of hazardous material in Zone II will have no additional adverse economic effect on existing residential, commercial or municipal land uses.

[*] In Zone II, open storage of fertilizer for non-farm and non-residential use is prohibited.

No operational open air sites for storage or chemical fertilizer for commercial use were identified by the land use inventory. It should be noted, however, that this prohibition does not prohibit the use of chemical fertilizer but instead regulates the manner in which it is stored. The prohibition, therefore, could impose some minor cost on a landowner to comply with the regulation, but would otherwise limit the lawful use of property.

[*] In Zone II, disposal of pesticides, including herbicides, is prohibited.

No operational sites for disposal of containers of unused pesticides and herbicides were identified by the land use inventory. Similar to the restriction on open air storage of chemical fertilizers, this prohibition does not limit or prevent the use of pesticides or herbicides but regulates the manner of their disposal. Environmental Conservation Law requires unused or waste pesticides or herbicides be disposed of in a permitted solid waste management facility or a permitted hazardous waste disposal facility as appropriate.

[*] In Zone II and Zone III, disposal of water used for make-up water or for washing of equipment used in conjunction with pesticides and herbicides is prohibited.

This regulation would prohibit the prospective disposal of water used for make-up water or water used to wash equipment used in conjunction with pesticides and herbicides except pursuant to a NYSDEC authorization.

TOWN OF WASHINGTON

WATER RESOURCES SURVEY

JUNE 1988

The following survey is designed to help the Town of Washington plan measures to protect the surface and ground water resources of the Mill Brook, the Shaw Brook, and associated tributaries.

Name________ Address ________

________ ________

Tax Map #________

1. Describe the current use of the property.

Single family________ Multi-Family (number)________

Commercial (type)________ Retail (type)________

Offices (type)________ Vacant or Forested (type) ________

Agriculture (type)________ Other (type)________

2. Describe number, type, and approximate location of on-site structures.

____________

3. Describe approximate location, age, and size of all on-site septic systems.

____________

4. Describe approximate location, age, capacity, and contents of all above ground and below ground storage tanks.

____________

5. Describe approximate location, age, depth, yield, and name of driller of all on-site wells.

____________

6. Space for additional comments is provided below.

____________

7. Please use the back of this sheet to complete a sketch of the property and approximate location of fixtures (well and septic) and buildings. Where appropriate include names of streams and roadways.

[FN1] The individual survey sheets are on file with the village of Millbrook.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 112.5