N.Y. Environmental Conservation Law § 15-0514: Prohibition of certain incompatible uses over either primary groundwater recharge areas or federally designated sole source aquifers

§ 15-0514. Prohibition of certain incompatible uses over either primary

groundwater recharge areas or federally designated sole

source aquifers.

1. Definitions: The following terms, whenever used or referred to in

this section, shall have the following meanings:

a. "Primary groundwater recharge areas" shall mean those areas of the

land surface through which water of great volume and high quality

generally move downward to the deeper portions of the underlying

groundwater reservoir. In the counties of Nassau and Suffolk, primary

groundwater recharge areas shall mean Hydrogeologic Zones I, II, III, IV

and V as defined in the Long Island Comprehensive Waste Treatment

Management Plan of 1978, or any amendments to such boundaries which are

accepted by the commissioner.

a-1. "Primary water supply aquifer areas" shall mean those areas in

the counties of Nassau, Suffolk, Kings and Queens and the Schenectady

aquifer (commonly known as the Great Flats Aquifer), as identified in

the nineteen hundred eighty-one New York state department of health

report on groundwater dependence in New York state, and defined in the

United States Geologic Survey maps for such aquifers, or any amendments

to such boundaries which are accepted by the commissioner.

b. "Incompatible uses" shall mean any hazardous waste or substances as

determined by the department, that may ultimately be discharged to

groundwater, or the storage of such a substance that may contaminate the

groundwater.

c. "Long Island Comprehensive Waste Treatment Management Plan of 1978"

shall mean the study prepared by the Long Island Regional Planning Board

pursuant to section two hundred eight of the Federal Water Pollution

Control Act as amended in 1972.

d. "Sole source aquifer" shall mean an aquifer system that the United

States environmental protection agency, pursuant to Public Law 93-523

which is known as the federal Safe Drinking Water Act of 1974, has

designated as the sole or principal drinking water source for an area

and which, if contaminated, would create a significant hazard to public

health.

e. "Hazardous wastes" shall include all materials or chemicals listed

as hazardous wastes pursuant to article twenty-seven of this chapter, or

all toxic pollutants as defined in subdivision nineteen of section

17-0105 of this chapter.

f. "Hazardous substance" means:

(1) petroleum; or

(2) any substance or combination of substances designated as a

hazardous substance under section 311 of the Federal Water Pollution

Control Act (33USC1321) and which is not a hazardous waste under title 9

of article 27 of this chapter; or

(3) any substance listed by the department which because of its

quantity, concentration, or physical, chemical or infectious

characteristics may;

(i) Cause, or significantly contribute to an increase in mortality or

an increase in serious irreversible or incapacitating reversible

illness; or

(ii) Pose a substantial present or potential hazard to human health or

the environment when improperly stored or otherwise managed.

The department shall promulgate a list of hazardous substances, within

one year after the effective date of this section, including petroleum

for the purposes of carrying out the applicable provisions of this

title. Prior to the promulgation of such list the department shall

solicit information on the present practices of industry and other

commercial users of hazardous substances.

g. "Petroleum" means oil or petroleum of any kind and in any form

including, but not limited to, oil, petroleum, fuel oil, crude oil,

petroleum mixed with one or more other substances, gasoline, kerosene,

naphtha and as further defined by the department in rules and

regulations.

2. The Nassau - Suffolk Hydrogeologic Zones I, II, III, IV and V, and

their attendant boundaries as specified in the Long Island Comprehensive

Waste Treatment Management Plan of 1978, or any amendments to such

boundaries which are accepted by the commissioner are hereby adopted as

primary groundwater recharge areas for the counties of Nassau and

Suffolk for the purposes of this section.

3. The department shall propose, for the purposes of this section,

primary groundwater recharge areas within either other designated sole

source aquifer systems, excluding the counties of Nassau and Suffolk, or

within primary water supply aquifer areas based upon hydrogeological

conditions and recommendations within the department's groundwater

management plan, within twelve months subsequent to the date at which

the sole source aquifer designation becomes effective or within twelve

months of the effective date of this amended subdivision, pursuant to

the following procedures:

a. The department shall hold public hearings in regard to the proposed

locations and boundaries of the primary groundwater recharge areas.

b. Notice of each public hearing shall be by publication in a

newspaper most likely to give notice to the people residing within the

primary water supply aquifer. Notice of such hearing shall be printed at

least once in each of three successive weeks, but the hearing shall not

be conducted less than thirty days following the date of first

publication of notice of such hearing.

c. The department shall subsequently finalize and adopt specific

locations and boundaries of such primary groundwater recharge areas

within three months following the completion of such hearing.

d. Additional primary groundwater recharge areas or new boundaries of

existing primary recharge areas may be delineated by the department

based upon new hydrogeological information subject to the procedure

outlined in paragraphs a, b and c of this subdivision.

4. Copies of the adopted boundaries of the delineated areas shall be

kept on file in the offices of the commissioner and the regional

director of the department.

5. The department shall promulgate rules and regulations which will

restrict or prohibit incompatible uses over primary water supply

aquifers, giving special attention where necessary to protect primary

groundwater recharge areas.

6. In undertaking its responsibilities under this section, the

department shall give first attention to the protection of pristine,

largely undisturbed or undeveloped areas to insure the non-degradation

of the water resources of such areas.