RESOLUTION TO SCHEDULE PUBLIC HEARING ON A LOCAL LAW AMENDING §2.11 OF LOCAL LAW NO. 1 OF 1989 (WATERWORKS) TO CLARIFY THE LIMITATIONS OF THE USE OF VILLAGE WATER TO HUMAN CONSUMPTION AND SANITARY PURPOSES
RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, August 10, 2019 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled: “Local Law amending §2.11 of Local Law No. 1 of 1989 (Waterworks) to clarify the limitations of the use of village water to human consumption and sanitary purposes.”
LOCAL LAW NO. ___ OF 2019
A LOCAL LAW amending §2.11 of Local Law No. 1 of 1989 (Waterworks) to clarify the limitations of the use of village water to human consumption and sanitary purposes.”
BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:
Section 1. Legislative Intent. Pursuant to the provisions of Article 11 of the New York State Village Law and Local Law No. 1 of 1989, the Board of Trustees, as Commissioners of the Village of Dering Harbor Water District, manage, maintain and operate a water distribution system for the benefit of the residents of the Village of Dering Harbor. In the legislative intent of Local Law No. 1 of 2007 it was found that the use of the Village’s water supply for the purpose of watering lawns, landscaping and other exterior uses will have a significant negative impact on the quality and quantity of the public water supply and therefore prohibited the use of the Village water distribution system and cross connections for sprinkler and irrigation systems. More recently the Village has been experiencing water quality issues with its water supply due to excessive volumes of water being pumped from its wells. Due to deteriorated water conditions, the Board of Trustees by resolution dated May 12, 2018, adopted interim rules prohibiting the use of the Village water supply for the purpose of filling of swimming pools and lawn irrigation. To further address these issues the Village installed a new water storage tank and is considering upgrades of water supply wells to improve the distribution of water to residents. The Village also engaged the Suffolk County Water Authority (“SCWA”) on an interim basis to provide operational, management and consulting services to the Water District, including the daily water quality testing and reporting by a licensed Water Plant Operator. Also new water meters were installed to assist in the management of the volume of water being used by residents. The SCWA reported that in some instances properties maintain multiple connections or cross-connections that supply water to a sprinkler or irrigation system for the watering of lawns and landscaping.
Pursuant to §2.2 of Local Law No. 1 of 1989, “no person or other entity shall utilize water for any purpose without having first obtained the permission of the Dering Harbor Water District, and such other County, State and Federal approvals as may pertain.” Section §2.11 of Local Law No. 1 of 1989 provides that the “Village of Dering Harbor reserves the right to limit the use of water to human consumption and sanitary purposes” and prohibits the installation of private wells for such purposes. Pursuant to the provisions of Article 11 of the New York State Village Law, the Board of Trustees may adopt such rules and regulations reasonably related to the conservation of the Village’s water supply and to suspend and terminate water service to a consumer on account of improper use. The Board of Trustees find that to protect the health, safety and welfare of the Village residents, and to conserve the water supply of the Village, it is necessary to adopt rules and regulations to terminate any and all multiple connections or cross-connections, and connections to the Village water supply distribution system to a sprinkler or irrigation system for the watering of lawns and landscaping. It is also intended to provide for a procedure for notice and disconnection of such connections and to prohibit the use of the Village water supply distribution system for the filling of swimming pools.
Section 2. Amendment. Section 2.11 of Local Law No. 1 of 1989 (Waterworks) is hereby amended by deleting strikethrough words and adding underlined words as follows:
2.11. Right to limit water use; private wells prohibited
The Village of Dering Harbor reserves the right to limit the use of water to human consumption and sanitary purposes. Therefore, all new private wells for human consumption and sanitary purposes are prohibited and all new required water will be applied by the Village Waterworks. The following limitations and regulations on the use of the village water supply shall hereafter apply to all properties and residents in the Village of Dering Harbor:
(a) The use of the Village water supply distribution system for the filling of swimming pools is prohibited.
(b) The use of the Village’s water supply for the purpose of watering lawns, landscaping and other exterior uses is prohibited and all existing connections and/or and cross connections between the Village water supply distribution system and a sprinkler and irrigation system shall hereafter be disconnected.
(c) Notice to terminate and disconnect. Upon ascertaining that a connection and/or and cross connection exists between the Village water supply distribution system and a sprinkler or irrigation system, the Village, its agents, successors and/or assigns, shall provide written notice to the landowner maintaining such a connection advising of the rules and regulations set forth in this local law and that said connection or cross-connection shall be disconnected within twenty (20) days of the date of the notice. Such notice shall also advise the landowner that any sprinkler or irrigation system on the premises shall be connected to a private well in accordance with the provisions of Local Law No. 1 of 2007. The written notice shall be sent by registered or certified mail at the address last set on the assessment records. The Village, its agents, successors and/or assigns, shall have the authority to provide a reasonable extension of time to allow the landowner to make necessary connections of the sprinkler or irrigation system to a well.
(d) Right to Inspect. Pursuant to the provisions §11-1112 of the New York State Village Law and the authority set forth herein, the Village of Dering Harbor, its successors and assigns, shall have the right to the inspect and enter a building upon the premises where there is a supply pipe or pipes, and make necessary examinations or repairs. The Village, its agents, successors and/or assigns, shall provide reasonable notice, in writing, to the landowner. In the event, the landowner fails to cooperate and provide access to the premises for said inspection, then upon written notice to the landowner by registered or certified mail at the address last set on the assessment records, the Village, its agents, successors and/or assigns, upon authorization of the Board of Trustees, may suspend water service to the landowner. Such suspension may be lifted by the Village, its agents, successors and/or assigns, if and when they have obtained access to the premises.
Section 3. Authority. The proposed local law is enacted pursuant to Article 11 of the New York State Village Law, as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), 10(2) and 10(4).
Section 4. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.
Section 5. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, August 10, 2019 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled: “Local Law amending §2.11 of Local Law No. 1 of 1989 (Waterworks) to clarify the limitations of the use of village water to human consumption and sanitary purposes.”
Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Tuesday, from 9:00 a.m. to 12:00 noon and Thursday 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.
BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF DERING HARBOR, NEW YORK