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8/14/06
Revised 9/11/2006 1:46 PM
Relay on Desks
9/11/06

RESOLUTION NO. 206211

RE: LOCAL LAW NO. OF 2006, A LOCAL LAW MANDATING PRIVATE WELL TESTING TO BE PERFORMED ON PROPERTIES IN DUTCHESS COUNTY

Legislators, BUNNELL, FETTES, GOLDBERG, HIGGINS, JETER-JACKSON, KELLER-COFFEY, KNAPP, MacAVERY, McCABE, NASH, RAY, TYNER, HORTON, SWARTZ, KELLY, and REILLY offer the following and move its adoption:

WHEREAS, the County Attorney recently stated that the Water Regulations issued by the Dutchess County Board of Health was not enforceable, and

WHEREAS, the County Attorney and County Executive also states that mandating the testing of private wells can only be done through the legislative branch, and

WHEREAS, it is imperative to ensure that when people buy homes in Dutchess County that they know the status of the water quality of the well serving their home, and

WHEREAS, the Water Regulations also include provisions for well testing by landlords in order to protect renters, and also includes provisions for employers with private wells to comply with well testing to protect employees and customers, and

WHEREAS, it is important to have a common water standard for both public and private water sources across the County to ensure public safety, and

WHEREAS, additionally, the information obtained by having private wells tested will help track the path of contamination and alert homeowners of possible water problems, now, therefore, be it

RESOLVED, that the Legislature of the County of Dutchess adopts Local Law No. of 2006, which has been submitted this day for consideration by said Legislature, and, be it further

RESOLVED, that a copy of this resolution with its attachment be forwarded to the Department of Health Commissioner Michael Caldwell and members of the Board of Health.





STATE OF NEW YORK
ss:
COUNTY OF DUTCHESS

This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess have compared the foregoing resolution with the original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 11th day of September 2006, and that the same is a true and correct transcript of said original resolution and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature this 11th day of September 2006.


PATRICIA J. HOHMANN, CLERK OF THE LEGISLATURE

LOCAL LAW NO. OF 2006

RE: A LOCAL LAW MANDATING PRIVATE WELL TESTING TO BE PERFORMED ON PROPERTIES IN DUTCHESS COUNTY

BE IT ENACTED by the County Legislature of the County of Dutchess as follows:

Section 1: Title.

The Title of this Local Law shall be, Private Water Supplies.

Section 2: Legislative Finding, Intent, and Purpose.

The Dutchess County Legislature enacts this Local Law for purposes of providing mandatory private well testing on all properties that rely upon a private water supply that is utilized for purposes of human consumption in the County of Dutchess. The intent of this law is to provide a common water quality standard for both public and private water sources across the County to ensure the publics safety against contaminated water sources. Towards that end, this local law will ensure that when people buy residential homes in Dutchess County that they know the status of the water quality of the well serving their home, and that all residential rental properties in Dutchess County that fail the test for water quality compliance provide corrective action for the benefit of tenants. This local law also will provide the same assurances of water quality for employees, tenants, and the public at commercial establishments.

Section 3: Definitions.

A. The term private water supply shall mean 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.

B. The term residential rental property shall mean 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 occupied by other than an owner thereof and for use or occupation of which rent or consideration is periodically paid to the owner.

C. The term commercial building shall mean any structure which is wholly or partially used or intended to be used for commercial purposes, including, but not limited to, office buildings, stores, markets, shops, malls, marinas, restaurants, clubs, gas stations, or car dealerships.

D. The term commercial rental property shall mean any commercial building or commercial unit which is occupied by other than an owner thereof and for use or occupation of which rent or consideration is periodically paid to the owner.

Section 4: Periodic Well Testing and Maximum Contaminant Levels.

A. That the test parameters and associated maximum contaminant levels for private water supplies shall be New York State Sanitary Code Part 5 parameters for public water supplies as modified and specifically targeted by the Dutchess County Commissioner of Health for the needs of the Countys private water supplies.


B. The Dutchess County Commissioner of Health will make available to the public within Dutchess County, the private water supply test parameters and associated maximum contaminant levels.



Section 5: Residential Rental Property Well Permit.

Within six months of the passage of this local law every owner of residential rental property with a private well in Dutchess County, which serves a residential rental propertys water supply, shall be required to possess a valid residential rental property permit issued by the Dutchess County Commissioner of Health, or appointed designee.

Private wells in operation as of May 1, 2007, shall be deemed to possess such permit, however, such grandfathered permits for existing wells shall not signify that such wells have been tested or are in compliance with current Health Department parameters and such permits shall expire May 1, 2008.

Owners of residential rental property serviced by private wells put into operation subsequent to May 1, 2007, shall be required to apply for a valid residential rental property permit, which shall expire six years from issuance. The issuance of such permit shall be conditioned upon demonstration that the water supply has been tested and falls within the acceptable test parameter limits established by the Dutchess County Commissioner of Health, which shall have been performed within one year prior to issuance or renewal of the permit.

Water sample analysis shall be performed by a laboratory as per Section 9. Water sample collection shall be conducted in a manner approved by the Dutchess County Commissioner of Health. All test results must be filed with the Department of Health by the laboratory.

In the event that test results of residential rental properties indicate that tenants drinking water is not in compliance with current approved Health Department parameters, tenants shall be so notified in writing by the Landlord within seven days. In addition, enforcement action will be taken by the Dutchess County Department of Health pursuant to Dutchess County Sanitary Code Article 4 to compel corrective action by Landlord. Corrective action may include, but is not limited to, requiring the Landlord to install a filtration system to bring water quality into compliance and/or requiring the Landlord to provide an alternative source of potable water to tenants.

Failure to provide proof of remediation within thirty days will result in the Department of Health levying a $1,000 fine. For each succeeding thirty day periods, where no proof of corrective action has been provided, an additional $1,000 fine will be levied by the Department of Health for each additional thirty day period.

Section 6. Dwelling Well Permit Requirement: Permit non-transferable.

Within six months of the passage of this local law and contingent upon the Dutchess County Legislature providing sufficient resources to enable the Dutchess County Health Department to provide for enforcement of this regulation, every owner of a private well in Dutchess County, which serves a private water supply, shall be required to possess a valid permit issued by the Dutchess County Commissioner of health, or appointed designee. Private wells in operation as of May 1, 2007 shall be deemed to possess such permit and shall be deemed grandfathered to possess such permit until such time that title to the real property for which the private well provides water for human consumption is transferred at which time the existing well shall be tested by the seller before the closing to determine if it is in compliance with currently approved Health Department parameters as per Section 4. The approved laboratory doing the water testing shall be directed by the seller to provide the full test results to the seller and to file the results with the Department of Health. Full test results must be given to the buyer and the Department of Health prior to the closing.

If the test results are satisfactory, the Department of Health will then issue the appropriate well permit prior to closing.
If the test results do not meet the required standards, it will be the responsibility of the buyer and seller to agree on appropriate action before the closing of the sale and issuance of the well permit.

Owners of new private wells put into operation subsequent to May 1, 2007, shall be required to meet the standards set in Section 4, before being granted a valid permit. Water sample analysis shall be performed by a laboratory as per Section 9. Water sample collection shall be conducted in a manner approved by the Dutchess County Commissioner of Health.

Section 7: Commercial Property Well Permit.

Within six months of the passage of this local law every commercial business property with a private well in Dutchess County, where said water from that well is used for consumption by employees and/or the public, that commercial property shall be required to possess a valid permit for such well issued by the Dutchess County Commissioner of Health, or appointed designee.

Private wells in operation as of May 1, 2007, shall be deemed to possess such permit, however, such grandfathered permits for existing wells shall not signify that such wells have been tested or are in compliance with current Health Department parameters, and such permits shall expire May 1, 2008.

Owners of commercial property serviced by private wells put into operation subsequent to May 1, 2007 shall be required to apply for a valid commercial property permit, which shall expire six years from issuance. The issuance of such permit shall be conditioned upon demonstration that the water supply has been tested and falls within the acceptable test parameter limits established by the Dutchess County Commissioner of Health, which shall have been performed within one year prior to issuance of renewal of the permit.

Water sample analysis shall be performed by a laboratory as per Section 9. Water sample collection shall be conducted in a manner approved by the Dutchess County Commissioner of Health. All test results must be filed with the Department of Health by the laboratory.

In the event that test results of such properties indicate that the drinking water is not in compliance with current approved Health Department parameters, commercial property owners will post in a visible location within seven days the test results.

In addition enforcement action will be taken by the Dutchess County Department of Health pursuant to Dutchess County Sanitary Code Article 4 to compel corrective action by the owner. Corrective action may include, but is not limited to, requiring Owner to install a filtration system to bring water quality into compliance and/or requiring the Owner to provide an alternative source of potable water to employees and/or the public.

Failure to provide proof of remediation within thirty days will result in the Department of Health levying a $1,000 fine. For each succeeding thirty day periods, where no proof of corrective action has been provided, an additional $1,000 fine will be levied by the Department of Health for each additional thirty day period.

Section 8: Commercial Rental Property Well Permit

Within six months of the passage of this local law every owner of commercial rental property with a private well in Dutchess County, which serves a commercial rental propertys water supply, shall be required to possess a valid commercial rental property permit issued by the Dutchess County Commissioner of Health, or appointed designee.

Private wells in operation as of May 1, 2007, shall be deemed to possess such permit, however, such grandfathered permits for existing wells shall not signify that such wells have been tested or are in compliance with current Health Department parameters and such permits shall expire May 1, 2008.

Owners of commercial rental property serviced by private wells put into operation subsequent to May 1, 2007, shall be required to apply for a valid residential rental property permit, which shall expire six years from issuance. The issuance of such permit shall be conditioned upon demonstration that the water supply has been tested and falls within the acceptable test parameter limits established by the Dutchess County Commissioner of Health, which shall have been performed within one year prior to issuance or renewal of the permit.

Water sample analysis shall be performed by a laboratory as per Section 9. Water sample collection shall be conducted in a manner approved by the Dutchess County Commissioner of Health. All test results must be filed with the Department of Health by the laboratory.

In the event that test results of commercial rental properties indicate that the drinking water is not in compliance with current approved Health Department parameters, commercial property owners will notify tenants in writing and have posted in a visible location within seven days the test results. In addition, enforcement action will be taken by the Dutchess County Department of Health pursuant to Dutchess County Sanitary Code Article 4 to compel corrective action by Landlord. Corrective action may include, but is not limited to, requiring the Landlord to install a filtration system to bring water quality into compliance and/or requiring the Landlord to provide an alternative source of potable water to tenants, employees, and/or the public.

Failure to provide proof of remediation within thirty days will result in the Department of Health levying a $1,000 fine. For each succeeding thirty day periods, where no proof of corrective action has been provided, an additional $1,000 fine will be levied by the Department of Health for each additional thirty day period.



Section 9: Testing Requirement, Procedures, and Minimum Parameters.
Testing Recommendations for Private Water Supplies
Laboratory requirements
All analysis shall be performed by a Laboratory approved by the New York State Department of Health, "Environmental Laboratory Approval Program".
Testing Procedure
New Wells- The well should be pumped clear and disinfected with chlorine. The sample shall be collected after the disinfectant has cleared from the system.
Existing Wells- Samples should be taken of the raw water after any existing treatment has been bypassed.
Additional testing at point of use may be necessary to determine the efficacy of any installed treatment systems
Minimum Parameters
These are the minimum recommended parameters to determine the bacteriological and chemical quality of water: The Department of Health may add additional substances and parameter limits as appropriate.
Bacteriological Parameters
Total Coliform, Escherichia coli.
Inorganic Parameters
Alkalinity Cyanide Nitrite
Antimony Hardness pH
Arsenic Iron Selenium
Barium Lead Sodium
Beryllium Manganese Sulfate
Cadmium Mercury Thallium
Chlorides Nickel Turbidity
Chromium Nitrate
Principal Organic Chemicals*
Benzene cis-1,3-dichloropropene
bromobenzene trans-1,3-dichloropropene
bromochloromethane ethylbenzene
bromomethane hexachlorobutadiene
n-butylbenzene isopropylbenzene

sec-butylbenzene p-isopropyltoluene
tert-butylbenzene methylene chloride
carbon tetrachloride n-propylbenzene
chlorobenzene styrene
chloroethane 1,1,1,2-tetrachloroethane
chloromethane 1,1,2,2-tetrachloroethane
2-chlorotoluene tetrachloroethene
4-chlorotoluene toluene
dibromomethane 1,2,3-trichlorobenzene
1,2-dichlorobenzene 1,2,4-trichlorobenzene
1,3-dichlorobenzene 1,1,1-trichloroethane
1,4-dichlorobenzene 1,1,2-trichloroethane
dichlorodifluoromethane trichloroethene
1,1-dichloroethane trichlorofluoromethane
1,2-dichloroethane 1,2,3-trichloropropane
1,1-dichloroethene 1,2,4-trimethylbenzene
cis-1,2-dichloroethenene 1,3,5-trimethylbenzene
trans-1,2-dichloroethene m-xylene
1,2-dichloropropane o-xylene
1,3-dichloropropane p-xylene
2,2-dichloropropene Vinyl chloride
1,1-dichloropropene methyl tertiary-butyl ether

* EPA method 502.2 with a detection limit of 0.5 ug/l or less.

48 hour gross alpha test for radium under consideration


Section 10: Fees

The Department of Health is authorized to charge up to $100 for a well permit and/or well certification.

Section 11: Waiver from Testing for Specific Parameters.

The Dutchess County Commissioner of Health may grant a waiver from testing for a specific test parameter or parameters established by this article, provided that prior to the granting of any such waiver the applicant shall establish that:

(a) testing for a specific parameter or parameters is not necessary for the protection of the health of the consumers of the drinking water and that such testing would not be cost effective for the applicant; or
(b) other factors which would render testing for a complete regimen of established parameters unreasonable.




Section 12: Water Test Results Data.

It shall be the responsibility of the Dutchess County Commissioner of Health to make available to the public, a general compilation of water test results data, arranged or identified by municipality, locations, or appropriate geographic areas. Such general compilation shall not include the names of specific property owners or their particular numerical street address, although street names in general and identification by tax map number shall be permissible.

Section 13 Severability.

If any part or provision of this Local law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Dutchess County Legislature hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.



Section 14: Supercession.

This Local Law is enacted under the authority of the Municipal Home Rule Law Section 10(1) subparagraphs (i) and (ii)(a)(12), and Municipal Home Rule Law Section 22. To the extent that Sections of the Dutchess County Sanitary Code are inconsistent with this Local law, it is the intent of the Dutchess County Legislature to supersede these Sections by virtue of this Local Law.

Section 15: Effective Date.

This local law shall take effect immediately upon full compliance with all the requisite statutes and laws applicable to its adoption and promulgation, and following the filing with the Secretary of State.




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