Local Law No. 2 of 2024 (Aquifer Law)

Last Updated: 12/19/2024

What is the purpose of this Local Law?
The intent of the Local Law is to establish restrictions to protect its residents’ water supply sources and health by prohibiting certain contaminant sources within certain separation distances to public water supply wells, wetlands, and aquifers, as defined in the law.  Furthermore, the Local Law prohibits the drilling of new public water supply wells within certain separation distances to certain contaminant sources.

What is a Public Water Supply?
A Public Water Supply means a water system which provides water to the public for human consumption through pipes or other constructed conveyances, if such system has at least five service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Examples: Restaurants, schools, convenient stores, apartment complexes, mobile home parks, and some residential developments (on shared water), etc. 

How many Public Water Supplies are there in Dutchess County?
There are currently more than 600 public water supplies.

What new contaminant sources does this new Local Law regulate?

• Dry-cleaning establishments performing the cleaning services on site unless all wastewater from such activity is lawfully disposed of through a connection to a publicly owned treatment works facility
• Underground chemical or petroleum storage tanks used in commercial applications
• Fill ports or piping for underground chemical or petroleum storage tanks used in commercial applications 
• Gasoline or diesel fueling pumps for the purpose of dispensing to individual consumers used in commercial applications
• Commercial car wash unless all waste waters from such activity are lawfully disposed through a connection to a publicly owned treatment works facility
• Commercial salvage operations for vehicle parts
• Commercial production or refining of chemicals as found in Table 3, 9B, 9C and 9D of Part 5, Subpart 5-1.52 New York State Health Department regulations
• Storage of ice control salt or products with ice control salt in it for the purpose of retail, unless such storage takes place within a weather tight water-proof structure

Does the Local Law prohibit new contaminant sources?
The Local Law does not prohibit new contaminant sources however new restrictions for certain contaminant sources are outlined within Section 3 of the Local Law.

Who is responsible for enforcing this Local Law?
The Dutchess County Department of Health has been designated as the enforcement body for this Local Law. 

Where did this Local Law originate from?
This Local Law was drafted and unanimously passed by the Dutchess County Legislature.  

When will this law become effective?
This law became effective October 21, 2024. 

What is a publicly owned treatment works facility?
Publicly owned treatment works facilities, as referenced in the Local Law, are describing central sewage systems owned by a municipal authority.

Does this Law affect the replacement of private home underground oil tanks?
The Local Law does not restrict the installation and replacement of private home underground oil tanks.  The Local Law applies to underground chemical or petroleum storage tanks used in commercial applications.

Are farming operations exempt from the Local Law?
Farming operations are not exempt from the Local Law.