§ 120-1. Definitions.
§ 120-2. Prohibition.
§ 120-3. Decree of emergency; promulgation of rules and regulations.
§ 120-4. Enumeration of nonessential uses.
§ 120-5. Penalties for offenses; enforcement.
§ 120-6. Title of permit.

§ 120-7. Legislative findings and intent.
§ 120-8. Definitions.
§ 120-9. Test areas.
§ 120-10. Designation of wells.
§ 120-11. Monitoring requirements.
§ 120-12. Test results.
§ 120-13. Compliance.

[HISTORY: Adopted by the Town Board of the Town of Bedford: Art. I, 8-17-1965; Art. II, 1-28-1986 as L.L. No. 1-1986. Section 120-5A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Flood damage prevention-See Ch. 62. Water cross-conneetion control-See Ch. 121. Plumbing-See Ch. 89. wetlands-See Ch. 122.

§ 120-1. Definitions.

As used in this Article, the following terms shall have the meanings indicated:

WATER DISTRICT-Katonah Water District, Katonah Water District Extension No. 1, Katonah Water District Extension No. 2, Katonah Water District Extension No. 3, Katonah Water District Extension No. 4, Bedford Hills Water District, Bedford Hills Water District Extension No. 1, Bedford Hills Water District Extension No. 2, Cedar Downs Water District, Cherry Street Water District, Cherry Street Water District Extension No. 1, Cherry Street Water District Extension No. 2 and Cherry Street Water District Extension No. 3, and including any and all enlargements of said Districts and all areas, whether within or outside of the Town of Bedford, which are supplied with water by any of said water districts and/or extensions thereof and/or enlargements thereof.

WATERWORKS SUPERINTENDENT- The person who occupies the position of Waterworks Superintendent of the water districts and/or extensions thereof and/or enlargements thereof hereinabove referred to in the definition of "water district" above.

§ 120-2. Prohibition.

During the existence of any emergency affecting the supply or use of water within the water district, including but not limited to a shortage of water by reason of insufficient rainfall, it shall be unlawful for any person, firm or corporation to use water supplied by the water district for a nonessential use as herein defined at such time and from time to time as decreed by the Waterworks Superintendent of the water district subject to the approval of the Town Board of the Town of Bedford.

§ 120-3. Decree of emergency; promulgation of rules and regulations.

The Waterworks Superintendent is authorized to determine whether an emergency exists affecting the supply or use of water within the water district and to make such decree and to promulgate such regulations as he deems necessary at any time and from time to time and likewise to make a decree terminating such emergency. Such decree and regulations shall be in writing signed by the Waterworks Superintendent and shall be filed in the office of the Town Clerk. Publication of a copy of such decree and regulations in the official newspaper of the Town of Bedford and posting of a copy thereof on signboard at the office of the Town Clerk shall constitute sufficient notice. Such decrees and regulations shall become effective two (2) days following the date of the publication and posting. All of the above authorizations shall be subject to the approval of the Town Board of the Town of Bedford.

§ 120-4. Enumeration of nonessential uses.

For the purposes of this Article, the following are deemed to be nonessential uses of water when said water therefor is drawn from a pipe or hose directly or indirectly connected with a main of said water district:

A. Watering or sprinkling lawns, gardens and golf course fairways.

B. Washing of motor vehicles with an automatic device or running water connected with a main of the water district. Buckets for this use will be permitted.

C. Washing of any street, sidewalk, areaway, steps, buildings or structures.

D. Operation of public and private swimming pools of all sizes without recirculating water and filtering equipment.

E. Hydrants by builders and automatic flushing devices and equipment, except with the written permission of the Waterworks Superintendent, subject to the approval of the Town Board of the Town of Bedford.

F. Refrigeration equipment and air-conditioning machines which are not provided with an automatic water-saving device to limit makeup water to not more than five percent (5%) of the consumption that would normally be used without such device.

§ 120-5. Penalties for offenses; enforcement.

A. Notwithstanding any of the provisions of this Article, any person, firm or corporation who violates, causes or participates in any offense against the provisions of this Article shall, upon conviction thereof, be guilty of a violation under the Penal Law and shall be punishable by a fine of not more than two hundred fifty dollars ($250.) or by imprisonment for not more than fifteen (15) days, or both. [Amended 5-1-1984 by L.L. No. 2-1984]

B. Whenever any person, firm or corporation shall have been notified in writing by the Waterworks Superintendent that he is violating the provisions of this Article, or of any permit or extension thereof issued hereunder, or is served with a summons or warrant accusing him thereof, each day that he shall continue such violation after such notification or service shall constitute a separate offense punishable by a like fine or penalty.

C. Notwithstanding the penalties herein provided, the Town Board may maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any provision of this Article.

D. The foregoing provisions for the enforcement of the regulations of this Article are not exclusive, but are in addition to any and all of the laws applicable thereto.

§ 120-6. Title of permit.

All permits issued pursuant to this Article shall be known and designated as "Water Conservation Ordinance permits."

§ 120-7. Legislative findings and intent.

The Town of Bedford hereby finds that in order to protect the health, safety and welfare of its residents it is necessary to designate certain water quality monitoring wells in sensitive environmental areas of the town in order to monitor groundwater contamination and to provide early detection of such contamination in order to prevent its dispersal.

§ 120-8. Definitions.

As used in this Article, the following terms shall have the meanings indicated:

PRIMARY RECHARGE AREAS-That area immediately overlying the stratified-drift aquifer and adjacent areas of stratified drift that may not have a sufficient saturated thickness to be part of the aquifer. The boundary of the "primary recharge area" is the contact between the stratified drift and adjacent till or bedrock.

STRATIFIED-DRIFT AQUIFER do Unconsolidated sediment composed of layers of sand, gravel, silt or clay or similar deposits that are capable of yielding usable amounts of water, potentially in amounts greater than household supply wells.

WATER QUALITY MONITORING WELLS-Existing wells in the Town of Bedford designated as part of a monitoring program to prevent contamination.

§ 120-9. Test areas.

Based on hydrologic and groundwater contamination studies conducted on behalf of the town, water quality monitoring wells will be designated throughout the town, including but not limited to the following sensitive environmental areas: above the stratified-drift aquifer, in the primary recharge areas of the stratified-drift aquifer, in the vicinity of the Bedford public water system, on or near major horse farms or stables which board ten (10) or more horses on eight (8) acres of land or less, golf courses, commercial nurseries and highway salt storage areas. These sensitive environmental areas are defined on a map to be provided by the Town Engineer and entitled "Water Quality Monitoring Well Areas of the Town of Bedford." Designated wells will be existing water supply wells which are suitable for water quality sampling purposes.

§ 120-10. Designation of wells.

After the effective date of this Article, owners of private property in the sensitive environmental areas identified in § 120-9 herein and on the Water Quality Monitoring Well Areas of the Town of Bedford Map will be designated by the Town Engineer or his designee to participate in the Town of Bedford water quality monitoring well program. Designated property owners will be chosen on the basis of the location of their property in reference to the sensitive environmental areas of the town. Notice by certified mail, return receipt requested, with a consent form, will be mailed to each property owner prior to the beginning of the Town of Bedford water quality monitoring program.

§ 120-11. Monitoring requirements.

Periodic water sampling at least once per year will be made by the Town Engineer or his duly authorized designee on those properties for which the property owner has consented to test well water for possible contamination in accordance with applicable federal, state and county standards.

§ 120-12. Test results.

Water samples collected from designated water quality monitoring wells will be tested to determine if the existing water quality contravenes the standards of either the National Interim Primary Drinking Water Regulations, as amended, or any subsequent regulations or guidelines under the Federal Safe Drinking Water Act or contravenes the water quality standards of New York State if they are more stringent. The town will provide each participating property owner with copies of laboratory reports for their wells. If such testing discloses violations of the federal or state standards, the Town Engineer or his designee will immediately notify by certified mail, return receipt requested, the Westchester County Health Department, the property owner and the resident of the dwelling.

§ 120-13. Compliance.

Participation in the Bedford test well monitoring program is voluntary. In certain situations which the Town Engineer or his designee may deem to be critical to the public health, safety and welfare, however, the Town Engineer or his designee may apply for and obtain a warrant to conduct the inspection.