New York Laws
Title 5 - Protection of Water
15-0514 - Prohibition of Certain Incompatible Uses Over Either Primary Groundwater Recharge Areas or Federally Designated Sole Source Aquifers.

(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.