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2024-1802024-180 Introducing "A Local Law Regulating Hazardous Pollution Sources In Proximity To Public Water Supply Sources, Aquifers And Wetlands At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on September 23, 2024. The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2024-180 Yes/Aye No/Nay Abstain Absent 2 Adopted ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ The following Resolution was introduced by Casella and seconded by Councilman Phillips. WHEREAS, the Town Board is considering the adoption of Local Law No. 4 of 2024 which would amend Chapter 240, Zoning, of the Town Code; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 4 of 2024 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 4 of 2024 for 7:00 PM on the 15 day of October, 2024 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 9/23/2024 The Resolution is hereby duly declared Adopted. JOSEPff°P. PAOLONI, TOWN CLERK LOCAL LAW NO. 4 OF 2024 A LOCAL LAW REGULATING HAZARDOUS POLLUTION SOURCES IN PROXIMITY TO PUBLIC WATER SUPPLY SOURCES, AQUIFERS AND WETLANDS BE IT ENACTED BYTHE WAPPINGER TOWN BOARD OF DUTCHESS COUNTY, STATE OF NEWYORKAS FOLLOWS; SECTION 1. LEGISLATIVE INTENT. The Town of Wappinger has an abundance of rural and suburban areas that rely solely on public water supply wells or individual wells for clean potable water. Many of the public water supplies within the county also rely on groundwater as their sole source of drinkingwater. With continued population growth and development, groundwater sources are increasingly becoming vulnerable to potential contamination from hazardous pollution sources. The Town of Wappinger Town Board finds it necessary and appropriate to establish restrictions to protect its residents' water supply sources. Chemical and petroleum products stored in underground storage tanks pose one of the highest risks to drinkingwater sources. Within Dutchess County there have been petroleum and chemical spills which have caused significant environmental damage, public health issues, abandonment of contaminated potable wells and the need for the construction of new alternative water supplies, all at massive costs to Town residents. Such contamination creates blighted areas, as contaminated properties are costly to remediate, contamination stigmatizes the area and is an obstacle to the sale of affected properties. Similarly, dry cleaners that use solvents on site and car wash facilities have been known sources of contamination of groundwater quality. Dry cleaners use cleaning fluids called solvents to clean clothes and other fabrics. Solvents can be a source of contamination if discharged into the groundwater through a subsurface absorption area or other means of disposal. Water run-off from commercial car washes also contains numerous hazardous substances that can contaminate groundwater. Dirty water containing soap, detergents, residue from vehicles containing gasoline, and motor oils can wash off cars and can enter the ground water by way of a subsurface absorption bed or flow to storm drains and end up in neighboring wetlands and aquifers. It is the intent of the Town Board to establish restrictions to protect its residents' water supply sources by prohibiting contaminant sources, as defined in Section 3. within the separation distance outlined in Section 3 to a public water supply well. Wetland or Aquifer. In addition, the Town Board intends to regulate the drilling of a public water supply well within the separation distance to the contaminant sources as defined in Section 3. Therefore, The Town Board finds that, by prohibiting the use of contamination sources, as defined in Section 3. within the separation distance to any public water supply Well, Wetland or Aquifer, it will greatly reduce the risk of groundwater contamination and protect the Town's drinking water supply and Town residents' health. Furthermore, The Town Board finds that, by regulating the drilling of public water supply wells within the separation distance to contaminant sources, as defined in Section 3 will protect the public drinking water supply and County residents' health. SECTION 2. DEFINITIONS. A. Definitions contained in Part 5, subpart 5-1, and any subsequent revision of the New York State Sanitary Code or Dutchess County are adopted as part of this Chapter. SECTION 3. PROHIBITED CONDUCT. A. Town separation requirements and any subsequent revision of the Dutchess County Local Separation Requirements are adopted as part of this chapter. Contaminant Source Separation Distances from Contaminant Sources (in feet) Public Water Wetland Aquifer Supply Dry-cleaning est. performing the cleaning services on site unless all 1,500 1,500 1,500 wastewater from activity is lawfully through a connection to a publicly owned treatment works facility Underground chemical or petroleum storage tanks used in commercial 1,500 1,500 1,500 applications Fill ports or piping for underground chemical or petroleum storage tanks 1,500 1,500 1,500 used in commercial Gasoline or diesel fueling pumps for the purpose of dispensing to 1,500 1,500 1,500 individual consumers Commercial car wash unless all waste waters 1,500 1,500 1,500 from such activity are lawfully Commercial salvage operations for vehicle 500 500 500 parts Commercial production or refining of chemicals 500 500 500 as found in Table 3, 9B, 9C and 9D of Storage of ice control salt or products with ice 500 500 500 control salt in it for the purpose of The distance shall be measured horizontally from the nearest point of the contamination source to the well. The distance shall be measured horizontally from the nearest point of the contamination source to the nearest point of the Wetland or Aquifer. For some contamination sources (Dry Cleaner, Carwash, Chemical Production or Refining) where there is a discharge of wastewater from such activity into a subsurface absorption bed or pit, the distance shall be measured horizontally from the nearest point of the absorption bed or pit to the well or nearest point of the Wetland or Aquifer. Commercial Salvage operations for vehicle parts separation distance shall be measured horizontally from the nearest stored car, part of car or the car processing area to the well or nearest point of the Wetland or Aquifer. B. Nothing in this Local Law shall be interpreted to prohibit the construction and operation of any project approved by the Town prior to the effective date of this local law. C. Nothing in this Local Law shall be interpreted to prohibit an existing and operating facility from continuing operations. D. If operation of any facility that has a contaminant source, as defined in Section 3 discontinues operation or is inactive for a period in excess of one (1) year the facilitywill need to comply with the above separation table. E. Waivers shall not be issued for any individual or entity seeking to establish a proposed contaminant source, as defined in Section 3. F. Nothing in this Local Law shall be interpreted to prohibit an existing community public water system, municipal water system or Town Water and Wastewater Authority owned public water supply from drilling newwells, if necessary, within an existing system. Any newwells drilled must adhere to the separation distances set forth in Section 3 to the greatest extent possible. SECTION 4. ENFORCEMENTAND PENALTIES. The Town Board is responsible for the enforcement of this Chapter. The Town Board is authorized to promulgate rules and regulations and to take any and all other actions reasonable and necessary to enforce this Chapter in accordance with the authority enumerated in the Town Code including, but not limited to, conducting inspections; investigating all claims and violations; issuing all notices and orders; conducting hearings; instituting penalties and fines; and any other processes that may be necessary in the enforcement of this Chapter. SECTION 5. APPLICATION. This Local Law is intended to model the local law adopted by Dutchess County and shall be non- exclusive and in addition to the existing local law. To the extent that provisions of this Local Law conflict with local law adopted by the Town the County's Local Law shall preempt the Town's local laws or parts thereof in conflict with the provisions herein. To the extent that provisions of this Local Law are more stringent than state laws or requirements the provisions of the County's Local Law shall preempt any state laws or requirements. SECTION 6. SEVERABILITY. If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 7. SEQRA DETERMINATION It is hereby determined, pursuant to the provisions of the State Environmental Quality Review Act, 8 NYECL Section 0101 et seq., and its implementing regulations. Part 617 of 6 NYCRR, that the adoption of this local law is a Type II Action within the meaning of Section 617.5(c)(26) and (33) of 6 NYCRR, and, accordingly, is ova class of actions which do not have a significant impact on the environment and no further review is required "16 NYC RR Section 61 7.5(c) (26) and (33) apply to: "(26) routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment" and "(33) adoption of regulations, policies, procedures and Town Board decisions in connection with any action on this list" SECTION 8. EFFECTIVE DATE. This Local Law shall take effect on the Date of adoption. NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPING ER, NEW YORK NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the 15th day of October 2024, at 7:00 PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt Local Law No. of 2024 which would amend Chapter 240, Zoning, Regulating Hazardous Pollution Sources In Proximity To Public Water Supply Sources, Aquifers And Wetlands. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Local Law. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: September 23, 2024 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI Town Clerk Town of Wappinger https://d.docs.live.netr7f22debf5O6cdb6f/documents/misc code 11 ph notice.mms.doc