§ 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\n groundwater recharge areas or federally designated sole\n source aquifers.\n 1. Definitions: The following terms, whenever used or referred to in\nthis section, shall have the following meanings:\n a. "Primary groundwater recharge areas" shall mean those areas of the\nland surface through which water of great volume and high quality\ngenerally move downward to the deeper portions of the underlying\ngroundwater reservoir. In the counties of Nassau and Suffolk, primary\ngroundwater recharge areas shall mean Hydrogeologic Zones I, II, III, IV\nand V as defined in the Long Island Comprehensive Waste Treatment\nManagement Plan of 1978, or any amendments to such boundaries which are\naccepted by the commissioner.\n a-1. "Primary water supply aquifer areas" shall mean those areas in\nthe counties of Nassau, Suffolk, Kings and Queens and the Schenectady\naquifer (commonly known as the Great Flats Aquifer), as identified in\nthe nineteen hundred eighty-one New York state department of health\nreport on groundwater dependence in New York state, and defined in the\nUnited States Geologic Survey maps for such aquifers, or any amendments\nto such boundaries which are accepted by the commissioner.\n b. "Incompatible uses" shall mean any hazardous waste or substances as\ndetermined by the department, that may ultimately be discharged to\ngroundwater, or the storage of such a substance that may contaminate the\ngroundwater.\n c. "Long Island Comprehensive Waste Treatment Management Plan of 1978"\nshall mean the study prepared by the Long Island Regional Planning Board\npursuant to section two hundred eight of the Federal Water Pollution\nControl Act as amended in 1972.\n d. "Sole source aquifer" shall mean an aquifer system that the United\nStates environmental protection agency, pursuant to Public Law 93-523\nwhich is known as the federal Safe Drinking Water Act of 1974, has\ndesignated as the sole or principal drinking water source for an area\nand which, if contaminated, would create a significant hazard to public\nhealth.\n e. "Hazardous wastes" shall include all materials or chemicals listed\nas hazardous wastes pursuant to article twenty-seven of this chapter, or\nall toxic pollutants as defined in subdivision nineteen of section\n17-0105 of this chapter.\n f. "Hazardous substance" means:\n (1) petroleum; or\n (2) any substance or combination of substances designated as a\nhazardous substance under section 311 of the Federal Water Pollution\nControl Act (33USC1321) and which is not a hazardous waste under title 9\nof article 27 of this chapter; or\n (3) any substance listed by the department which because of its\nquantity, concentration, or physical, chemical or infectious\ncharacteristics may;\n (i) Cause, or significantly contribute to an increase in mortality or\nan increase in serious irreversible or incapacitating reversible\nillness; or\n (ii) Pose a substantial present or potential hazard to human health or\nthe environment when improperly stored or otherwise managed.\n The department shall promulgate a list of hazardous substances, within\none year after the effective date of this section, including petroleum\nfor the purposes of carrying out the applicable provisions of this\ntitle. Prior to the promulgation of such list the department shall\nsolicit information on the present practices of industry and other\ncommercial users of hazardous substances.\n g. "Petroleum" means oil or petroleum of any kind and in any form\nincluding, but not limited to, oil, petroleum, fuel oil, crude oil,\npetroleum mixed with one or more other substances, gasoline, kerosene,\nnaphtha and as further defined by the department in rules and\nregulations.\n 2. The Nassau - Suffolk Hydrogeologic Zones I, II, III, IV and V, and\ntheir attendant boundaries as specified in the Long Island Comprehensive\nWaste Treatment Management Plan of 1978, or any amendments to such\nboundaries which are accepted by the commissioner are hereby adopted as\nprimary groundwater recharge areas for the counties of Nassau and\nSuffolk for the purposes of this section.\n 3. The department shall propose, for the purposes of this section,\nprimary groundwater recharge areas within either other designated sole\nsource aquifer systems, excluding the counties of Nassau and Suffolk, or\nwithin primary water supply aquifer areas based upon hydrogeological\nconditions and recommendations within the department's groundwater\nmanagement plan, within twelve months subsequent to the date at which\nthe sole source aquifer designation becomes effective or within twelve\nmonths of the effective date of this amended subdivision, pursuant to\nthe following procedures:\n a. The department shall hold public hearings in regard to the proposed\nlocations and boundaries of the primary groundwater recharge areas.\n b. Notice of each public hearing shall be by publication in a\nnewspaper most likely to give notice to the people residing within the\nprimary water supply aquifer. Notice of such hearing shall be printed at\nleast once in each of three successive weeks, but the hearing shall not\nbe conducted less than thirty days following the date of first\npublication of notice of such hearing.\n c. The department shall subsequently finalize and adopt specific\nlocations and boundaries of such primary groundwater recharge areas\nwithin three months following the completion of such hearing.\n d. Additional primary groundwater recharge areas or new boundaries of\nexisting primary recharge areas may be delineated by the department\nbased upon new hydrogeological information subject to the procedure\noutlined in paragraphs a, b and c of this subdivision.\n 4. Copies of the adopted boundaries of the delineated areas shall be\nkept on file in the offices of the commissioner and the regional\ndirector of the department.\n 5. The department shall promulgate rules and regulations which will\nrestrict or prohibit incompatible uses over primary water supply\naquifers, giving special attention where necessary to protect primary\ngroundwater recharge areas.\n 6. In undertaking its responsibilities under this section, the\ndepartment shall give first attention to the protection of pristine,\nlargely undisturbed or undeveloped areas to insure the non-degradation\nof the water resources of such areas.\n