2020 New York Laws
ENV - Environmental Conservation
Article 15 - Water Resources
Title 5 - Protection of Water
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.
