LL# 08-2007Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
County
City of Wappinger
Town
Village
Local Law No.
U
of the year 20 07
A local law entitled "Local Law No. 8 of the Year 2007, Mandatory Well Testing" in the Town of
(Insert Title)
Wappinger
Be it enacted by the Town Board of the
(Name of LegislativeBody)
❑ County
❑ City of Wappinger
0 Town
❑ Village
(Text Begins on Next Page)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
LOCAL LAW NO.8 OF THE YEAR 2007
A Local Law entitled "Local Law No. 8 of the Year 2007, entitled "Mandatory
Private Well Testing" in the Town of Wappinger.
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I• Title.
This Local Law shall be known and cited as Town of Wappinger "Local Law No. 8 of the
Year 2007, entitled "Mandatory Private Well Testing" in the Town of Wappinger. The
adoption hereof shall create a new Article XII in Chapter 234 in the Town of Wappinger
Code and shall also create a new fee and fine provision in Chapter 122 of the Code.
Section II: Legislative Intent.
The Town Board of the Town of Wappinger enacts this Local Law to establish water quality
standards for residential and non-residential private water sources not otherwise regulated
by Part 5 of the New York State Sanitary Code for the protection of and for the health,
safety and welfare of the residents of the Town of Wappinger.
Section III: Chapter 234: Article XII - Mandatory Private Well Testing.
The Town hereby adopts a new Article XII in Chapter 234 to the Code of the Town of
Wappinger to read as follows:
"CHAPTER 234 — Article XII
MANDATORY PRIVATE WELL TESTING
§ Title.
This Chapter shall be known as "Mandatory Private Well Testing".
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§ Legislative Background and Statement of Purpose.
1. This Chapter is enacted pursuant to the powers vested in the Town of Wappinger by
Municipal Home Rule Law §10, Town Law §130(5) and Public Health Law §§302,308 and
347. l.c.
2. The Town Board of the Town of Wappinger enacts this Local Law for purposes of
requiring mandatory private well testing for all properties in the Town of Wappinger that
rely on a private water supply which is utilized for purposes of human consumption. It is
also the purpose of this law to establish minimum water quality standards for private water
sources servicing residential and non-residential properties, and to mandate water testing
standards to assure purchasers and tenants of residential and non residential properties
serviced by private wells that the water supplied to these properties will be potable and free
from harmful contaminants. These water quality standards will also apply to multi -family
residential properties and commercial properties not otherwise subject to regulation and
testing pursuant to Part 5 of the New York State Sanitary Code. The water test results shall
be filed with the Town of Wappinger Building Department and the Dutchess County Health
Department and will also serve as a data base for identifying potential problem areas of
contamination within the Town.
§ Definitions.
The following words and terms when used in this Chapter shall have the following
meanings unless the context clearly indicates otherwise:
1. General Definitions:
A. Community Water System -- A public water system which serves at least
five (5) service connections used by year round residents or regularly serves at least
twenty (25) year round residents, as defined in §5-1.1 of the New York State
Sanitary Code.
Iwa
B. Multi -Family Residential Rental Property -- Residential property containing three
(3) or more rental units.
C. Non -Community Water System -- A public water system that is not a
community water system, as defined in §5-1.1 of the New York State Sanitary
Code.
D. Non -Residential Building -- Any structure which is wholly or partially used or
intended to be used and occupied for commercial purposes, including, but not
limited to, office buildings, stores, markets, shops and malls engaged in retail sales,
marinas, restaurants, clubs, gas stations, or car dealerships, etc. which establishments
have a water system intended for human consumption.
E. Non -Transient Non -Community Water System -- A public water system that is not a
community water system but is a subset of a non -community water system that
regularly serves at least twenty-five (25) of the same people, four (4) hours or more
per day, for four (4) or more days per week, for twenty-six (26) or more weeks per
year, as defined in §5-1.1 of the New York State Sanitary Code.
F. Potable Water -- Water suitable for drinking and fit for human consumption in
accordance with standards established by the Dutchess County Department of
Health and the New York State Department of Health.
G. Private Water Supply -- Any water supply utilized for the purposes of human
consumption not identified as a public water supply by Article 5 of this Code
or by Part 5 of the New York State Sanitary Code.
H. Public Water System -- A community or non -community or non -transient non-
community water system which provides water to the public for human consumption
through pipes or other constructed conveyances if such system has at least five (5)
service connections or regularly serves an average of least twenty-five (25)
individuals daily at least sixty (60) days out of the year. Such term includes:
(i) collection, treatment, storage and distribution facilities under control of
the supplier of water of such system and used with such system; and
(ii) collection or pre-treatment storage facilities not under such control
which are used with such system.
I. Purchaser -- Purchaser and Buyer shall have the same meaning and shall mean a
Purchaser or Buyer of real estate pursuant to a written contract.
J. Residential Property -- Any owner occupied one or two family dwelling unit(s).
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K. Residential Rental Property -- Any "dwelling" or "dwelling unit" [as those terms
are defined in Article 21 of the Dutchess County Sanitary Code at Section 21.1(G)
and 21.1 (H)] which is non -owner occupied and for which rent or consideration is
periodically paid to the owner and otherwise does not constitute a multi -family
residential real property.
L. Seller and Purchaser -- Shall include both male and female and be considered single
or plural depending on the context. The Terms shall also mean include legal entities
and organizations.
M. Tenant -- Any person or entity who leases property for either residential or
commercial purposes.
N. Wappinger Well Testing Protocol -- Standards, procedures, test parameters and
maximum contaminant levels for all well water used for human consumption in the
Town of Wappinger.
O. Well -- Privately owned well used to supply potable drinking water to residential
premises or non-residential establishments; it does not include wells that supply
water pursuant to §5-1.1 of New York State Sanitary Code as a Community Water
System or a Non -Community Water System.
P. This Law hereby adopts the definitions contained in the New York State Sanitary
Code Part 5 and contained in the Town of Wappinger Code as the same may be
amended hereafter from time to time.
§ . Well Testing,
1. Residential Properties:
A. Well Testing is hereby required for all one and two family residential properties
which are provided with water from a private water supply. Such well testing must occur
prior to a sale or exchange of the property. The purchaser shall be responsible for the
cost of such testing.
B. A copy of the certified test results shall be sent to the parties and shall be filed with
the Town of Wappinger Building Department and the Dutchess County Health
Department and shall be valid for thirty-six (36) months and may be used for subsequent
sale/purchases or exchanges within said thirty-six (36) month period.
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2. Multi -Family and Non -Residential Properties:
A. Multi -family and non-residential properties not otherwise exempted under this Local
Law shall be required to test their private wells within twelve (12) months of the
effective date of this Local Law, or prior to a sale of the property. A copy of the
certified test results shall be sent to the parties, tenants or occupants and shall be
filed with the Town of Wappinger Building Department and the Dutchess County
Health Department and shall be valid for a three (3) year period. At the end of the
three (3) year period, a new well test shall be required. Proof of notification that the
certified test results were sent to the parties, tenants or occupants shall be filed with
the Town of Wappinger Building Department.
§ Required Tests.
1. Each water sample shall be analyzed in accordance with the Wappinger Well Testing
Protocol (the Protocol) made a part of this Local Law, copies of which shall be kept on file
with the Town Clerk. The Town Board reserves the right to amend the Wappinger Well
Testing Protocol by Resolution.
2. Analytic testing and collection with proper chain of custody shall be performed by a New
York State certified laboratory and shall conform to the rules and regulations of the New
York State Department of Health.
3. The required test parameters will have the same maximum contaminant levels as set forth
in Part 5 of the New York State Sanitary Code for public water supplies.
4. Copies of the test results shall be sent to the parties, tenants or occupants and shall be
filed with the Town of Wappinger Building Department and a copy forwarded to the
I&M
Dutchess County Department of Health. Tests results shall also be available for public
inspection and reproduction in the same manner as other public documents.
5. In the event any remediation is undertaken and a new well test is completed, the results
thereof shall be filed with the Town of Wappinger Building Department.
§ . Exemption.
1. Any property which is serviced by a community and/or non -community water system as
defined herein and in §5-1.1 of the New York State Sanitary Code which is already
regulated and subject to testing shall be exempt from the requirements of this Chapter.
2. Except as hereabove required, property owners shall not be required to undertake well
testing in connection with a mortgage refinancing involving no sale or exchange of the
property.
§ Enforcement.
1. The Town of Wappinger Director of Code Enforcement, Code Enforcement Officers,
Zoning Administrator, Deputy Zoning Administrator and the Fire Inspector shall enforce the
provisions of this Chapter.
2. The Town of Wappinger Building Department shall be prohibited from releasing the
results of any Building Department or Certificate of Occupancy search, or report, or
violation letter to either Buyer/Seller, title company or their agent, until the required
certified test results have been filed with the Town Building Department.
3. Any property required pursuant to this Chapter to have well test results on file with the
Town Building Department shall be ineligible for a Building Permit, Certificate of
Occupancy/Certificate of Compliance, Site Plan review, subdivision review and/or ZBA
IF -11
variance review or interpretation until the required certified test results have been filed in
accordance with the provisions of this Chapter.
§ . Penalties.
1. For each violation of a provision of this chapter the person violating the same shall be
guilty of a violation and shall be subject to a fine in the amount set forth in Chapter 122,
Article V, § of the Code.
2. Any person violating this chapter shall be subject to a civil penalty enforceable and
collectible by the Town in the amount set forth in Chapter 122, Article V § of the
Code for each offense.
3. In addition to the above penalties, the Town Board may also maintain an action or
proceeding in the name of the Town in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this chapter, and to recover the
appropriate fines and penalties together with administrative fees and costs including
attorney's fees and disbursements.
Section VI: AmendinE "Chapter 122, FEES AND FINES."
§ 122-20 is hereby amended by the addition of a § 122-20 to read as
follows:
HE Chapter 234, Well Testing.
1. § fine:
(a): $250.00
2. Civil Penalty
(a) $250.00
SI!
Section VII: Amending Chapter 234: Article XII.
The original Article XII of Section 234 is now amended and re -numbered to read as follows:
ARTICLE XIV
Enforcement
§234 - . Responsibility for enforcement.
This chapter will be enforced by the Director of Code Enforcement, the Code Enforcement
Officers, the Fire Inspector, the Deputy Fire Inspector and any police agency having
jurisdiction within the Town of Wappinger.
Section VIII: Numbering for Codification.
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of
this Local Law shall be included in the Code of the Town of Wappinger; that the sections
and sub -sections of this Local Law may be re -numbered or re -lettered to accomplish such
intention; the Codifier shall make no substantive changes to this Local Law; the word
"Local Law" shall be changed to "Chapter", "Section" or other appropriate word as required
for codification; and any such rearranging of the numbering and editing shall not effect the
validity of this Local Law or the provisions of the Code effected thereby.
Section IX: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable
to any person or circumstance, such illegality, invalidity, or unconstitutionality, or
inapplicability, shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this local law or their application to other
persons or circumstances. It is hereby declared to be the legislative intent of the Town
Board of the Town of Wappinger that this Local Law would have been adopted if such
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illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part
had not been included therein, and if such person or circumstance to which the Local Law
or part thereof is held inapplicable had been specifically exempt therefrom.
Section X: Effective Date.
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. 8 of 20 07 of
the (County)(City)(Town)(Village) of Wappinger was duly passed by the
Town Board on July 13th 20 07 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 and was (approved)(notapproved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 . in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 -and was (approved)( not approved)
(Elective Chief Executive Officer*)
20
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 - in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
was duly passed by the
on 20 - and was (approved)(not approved)
(Elective Chief Executive Officer*)
on 20 . Such local
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 - in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS -239 (Rev. 05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local la and was finally adopted in the manner indicated in
paragraph 1 , above. Ua
Clerk the county leg' ative body, City, Town or Village Clerk or
office designate by I al legislative body
(Seal) Date: oZ O
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF Dutchess
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
'gnature
Town Attorney
Title
County
Cityof Wappinger
Town
Village
Date:
DOS -239 (Rev. 05/05) Page 3 of 3
WAPPINGER WELL TESTING PROTOCOL
SCHEDULE A
Laboratory Requirements
All sample collection with proper chain of custody and analysis shall be
performed by a Laboratory approved by the New York State Department of
Health, "Environmental Laboratory Approval Program";
2. Testing Procedure
a. New Wells — The well should be pumped clear and disinfected with
chlorine. The water sample shall be collected after the disinfectant has been
cleared from the system.
b. Existing Wells — Samples should be taken of the raw water after any
existing treatment has been bypassed. The sampling location should purge water
for a minimum of 10 minutes prior to collection of water samples for wells in
active use. For wells not in active use, water shall be purged for a minimum of
60 minutes to insure representative water samples from the well.
C. Additional testing at point of use may be necessary to determine the
efficacy of any installed treatment systems.
Testing Standards
The following contaminants shall be tested for compliance with the
Maximum Contaminant Level established for such contaminants by the New
York State Sanitary Code, Part 5 limits:
a. Bacteriological Parameters
Total Coliform, Escherichia coli
b. Principal Organic Compounds Parameters*
Benzene
bromobenzene
bromochloromethane
bromomethane
n-butylbenzene
sec-butylbenzene
tert-butylbenzene
carbon tetrachloride
chlorobenzene
chloroethane
chloromethane
cis -1, 3-dichloropropene
trans -1, 3-dichloropropene
ethylbenzene
hexachlorobutadiene
isopropylbenzene
p-isopropyitoluene
methylene chloride
n-propylbenzene
styrene
1,1,1,2 -tetrachloroethane
1,1,2,2 -tetrachloroethane
c
SCHEDULE A (cont'd)
2-chlorotoluene
4-chlorotoluene
dibromomethane
1,2 -dichlorobenzene
1,3 -dichlorobenzene
1,4 -dichlorobenzene
dichlorodifluoromethane
1, 1 -dichloroethane
1,2-dichloroethane
1, 1 -dichloroethene
cis-1,2-dichloroethenene
trans-1,2-dichloroethene
1,2-dichloropropane
1,3-dichloropropane
2,2-dichloropropane
1, 1 -dichloropropene
tetrachloroethene
toluene
1,2,3 -trichlorobenzene
1,2,4-trichlorobenzene
1,1,1 -trichloroethane
1,1,2 -trichloroethane
trichloroethylene
trichlorofluoromethane
1, 2, 3-trichloroprop ane
1,2,4-trimethylbenzene
1,3, 5-trimethylbenzene
m -xylene
o -xylene
p -xylene
vinyl chloride
methyl tertiary -butyl ether
*EPA method 502.2 with a detection limit of 0.5 ug/l or less.
Inorganic Compounds Parameters
Alkalinity
Cyanide
Nitrite
Antimony
Hardness
pH
Arsenic
Iron
Selenium
Barium
Lead
Sodium
Beryllium
Manganese
Sulfate
Cadmium
Mercury
Thallium
Chlorides
Nickel
Turbidity
Chromium
Nitrate