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2024-1862024-186 Resolution Adopting Local Law No. —Of The Year 2024 Entitled "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 October 15, 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 -2024-186 Yes/Aye No/Nay Abstain Absent ❑ Adopted Joseph D. Cavaccini ❑ ❑ ❑ ❑ ❑ Adopted as Amended William H. Beale ❑ ❑ ❑ ❑ ❑ Defeated ❑ Tabled Angela Bettina ❑ ❑ ❑ ❑ Q Withdrawn Christopher Phillips ❑ ❑ ❑ ❑ Al Casella ❑ ❑ ❑ ❑ The following Resolution was introduced by and seconded by . WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "Regulating Hazardous Pollution Sources In Proximity To Public Water Supply Sources, Aquifers And Wetlands" for consideration by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, the Town Board determined that the proposed action does not affect the environment and is not subject to SEQRA; and WHEREAS, a Public Hearing was held on October 15, 2024, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, be it resolved, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "Regulating Hazardous Pollution Sources In Proximity To Public Water Supply Sources, Aquifers And Wetlands", as Local Law _ of 2024 a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law and the Zoning Map of the Town shall be amended to reflect the change; and BE IT FURTHER RESOLVED, that this Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The foregoing was put to a vote which resulted as follows: RESULT: WITHDRAWN Dated: Wappingers Falls, New York 10/15/2024 The Resolution is hereby duly declared Withdrawn. JOSEI /P. PAOLONI, TOWN CLERK LOCAL LAW NO. _ OF 2024 A LOCAL LAW REGULATING HAZARDOUS POLLUTION SOURCES IN PROXIMITY TO PUBLIC WATER SUPPLY SOURCES, AQUIFERS AND WETLANDS BE IT ENACTED BY THE 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.