LL #03-2000Loyal Law Filing NEW YORK STATE DEPARTMENT OF SPATE
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.
k)Mgy
cn� of---WAPPJ- GER.---------------------------------------------
--------------------------
Town
MuLaw
Local Law No. --------- #3 ------------------------ of the year 20(19 ---
Testing Requirements_ and Protocol for _Town Owned or Maintained
Alocal law ---------------- - - - ----------------------------------
(1—i Tide)
_____ Water- Systems _and Facilities---------------------------------------------------------
------------------
--------------------------------------------------------------------------------------------------------------
TOWN BOARD ______ of the
Be it enacted by the ------------------------- ------------------------- ---- - ----------------------
(.Mame o/Legislative Body)
2YlYAMU
a' of ----- WAPPIKEg---------------------------------------------------------------------- as follows:
Town
M
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 11/99) (1)
LOCAL LAW # 3 OF THE YEAR 2000
A Local Law entitled "Testing Requirements and Protocol for Town Owned Water
Systems and Facilities".
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 # 3 of 2000, and entitled "Testing Requirements and Protocol for
Town Owned or Maintained Water Systems and Facilities".
Section 11: Legislative Intent: In the past several months there have been
outbreaks of Giardia contamination in wells providing public supplies of water. One such
outbreak was located in the water supply system serving the Roberts Running Creek
Trailer Park, located off of Pye Lane in the Town of Wappinger, and another such outbreak
was located in the so-called Rockingham Wells owned by the Town of Wappinger.
Current public health Requirements do not require that these municipally owned or
maintained water supply systems and facilities be tested for Giardia. Testing for another
contaminant, Cryptosporidium, is also not mandated. In order to insure the safe quality of
the water provided to the users of Town owned or maintained water facilities, it hereby is
the express determination of the Town Board and in the interests of the public health,
safety and welfare of the residents of the Town of Wappinger to require additional testing
above and beyond the minimum testing requirements of the New York State Health
Department by requiring that all public water supply systems owned, operated and/or
maintained by the Town of Wappinger be tested every six months for Giardia and
Cryptosporidium.
Section III: Water Tests: Chapter 234 is hereby amended by creating a new
Article XI entitled "Mandatory Water Testing" and by the adoption of additional Code
Sections as follows:
Section 234--61, Statement of Purpose. This Article is enacted for the purpose of
requiring additional testing of Town of Wappinger owned or maintained water supply
systems to insure that the quality of water supplied by the Town to its residents is of the
highest quality and caliber.
Section 234-62, Mandatory Testing: In March and September of each
calendar year hereafter, all public supply water systems owned, operated and/or
maintained by the Town of Wappinger shall be tested for Giardia and Cryptosporidium.
Section 234-63, Test Results: Upon completion of the tests, all such test
results shall be filed with the Town Clerk of the Town of Wappinger.
Section IV: 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
provision, 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 that this Local Law would have been adopted if such 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 V: Ratification:
Except as amended by these additions to Section 234, the Code of the Town of
Wappinger is hereby ratified and re -confirmed.
Section VII: Effective Date.
This Local Law shall take effect immediately upon adoption and filing with the
Secretary of State as provided by the Municipal Home Rule Law.
(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.)
I hereby certify that the local law annexed hereto, designated as local law No. ------1 -3 ------------------------ of 2000__
of the �� ff (Town)M1f of--WAUJNG]�R.----------------------------------------------- was duly passed by the
OWN ARD on February__$ 2004_, in accordance with the applicable provisions of law.
(Name of Legislative Body)
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)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20----,
(Elective Chief Executive Officer-)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
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)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ------------------------------------------------- on------------------- 20----. Such local law was submitted
(Elective Chief Executive Officer*)
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 (gene ral)(spe cial)(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----------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to
(Elective Chief Executive Officer*)
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.
(2)
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 cit-
ies 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 o�cl�original local law, and was finally adopted in the manner in-
dicated in paragraph ---1--------, above. ``jj
(Seal)
Clerk of thepsle, Town or-VWege-Crleek
or officer designated by local legislative body
Elaine H. Snowden
Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK Dutchess
COUNTY OF
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.
Signature
Albert Roberts
Attorney to the Town
XUQW
r' of WAPPINGER
Town
MXY&
Date:
(3)