N.Y. Comp. Codes R. & Regs. tit. 10 § 105.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 105.6 - Village of Sherman

(a) Application. The rules and regulations hereinafter duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to the wells which comprise the source of public water supply of the Village of Sherman, Chautauqua County, New York. Said wells are located on land owned by the Village of Sherman and are situated in the southwest corner of the village. well No. 1 is located approximately 250 feet north of French Creek and well No. 2-B is located approximately 540 feet southwest of well No. 1.

(b) Definitions.

(1) Chloride salt shall mean the solid compounds of potassium chloride (commonly used as fertilizer) calcium chloride (commonly used for road maintenance) or sodium chloride (commonly used for water softener regeneration).

(2) Herbicide shall mean any substance used to destroy or inhibit plant growth.

(3) Human excreta shall mean human feces and urine.

(4) Junkyard shall mean an area where two or more unregistered old or secondhand motor vehicles are being accumulated for purposes of disposal, resale of used parts or reclaiming certain materials such as metal, glass, fabric, etc.

(5) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the wells.

(6) Pesticide shall mean any substance used to destroy or inhibit pests such as rodents and insects.

(7) Radioactive material shall mean any material in any form that emits radiation spontaneously.

(8) Refuse shall mean all putrescible and non-putrescible solid wastes including garbage, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid commercial and industrial wastes.

(9) Refuse disposal area shall mean land used for the depositing of refuse except that it shall not include the land used for the depositing of refuse from a single family, a member of which is the owner, occupant or lessee of said land, or any part of a farm on which only animal wastes resulting from the operation of such farm are deposited.

(10) Sewage shall mean the waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.

(11) Toxic chemical shall mean any compound or substance which is or may be poisonous to humans.

(12) Water supply shall mean the public water supply of the Village of Sherman, Chautauqua County, New York.

(13) Well shall mean the wells now used as a source of this public water supply or to any additional wells which may be constructed at these locations as a source for this public water supply.

(c) General prohibitions. No person, including State agencies or political subdivisions having jurisdiction, shall perform any act or grant any permit or approval which may result in the contravention of the standards for raw water quality as contained in Part 170 of Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York (10 NYCRR Part 170).

(d) Specific prohibitions.

(1) Cemeteries. No interment of a human body shall be made within a linear distance of 250 feet.

(2) Chloride salt. No chloride salt storage area shall be located within a linear distance of 500 feet except in weather-proof buildings or water-tight vessels.

(3) Herbicides and pesticides. No pesticides or herbicides shall be stored, discharged, applied or allowed to remain within a 500 foot linear distance of the wells unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(4) Human excreta and sewage.

(i) No privy, privy vault, pit or other receptacle of any kind for either the temporary storage or the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within a linear distance of 250 feet.

(ii) No human excreta shall be deposited or spread upon or beneath the surface of the ground within a linear distance of 250 feet.

(iii) No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground within a 250 foot linear distance of the wells except in watertight pipes connected to a sewage disposal system or treatment works for which a permit has been granted by the appropriate State agency having jurisdiction over such facility. No such watertight pipe shall be located within a 15 food linear distance of the wells.

(5) Radioactive material. No radioactive material in excess of the quantity listed of said material in Table 4, Appendix 1, Part 16, Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York (10 NYCRR Part 16) shall be disposed of by burial in soil within a linear distance of 500 feet.

(6) Solid waste.

(i) Junkyards. No junkyard shall be located within a linear distance of 250 feet.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of the ground within a linear distance of 250 feet.

(iii) Refuse disposal area. No refuse disposal area shall be located within a linear distance of 500 feet.

(7) Toxic chemical. No container used for the storage of gasoline, kerosene, fuel oil, diesel oil or toxic chemicals shall be buried beneath the surface of the ground within a linear distance of 500 feet.

(8) Trespassing. No trespassing shall be allowed upon the property of the Village of Sherman upon which the wells are located and no person or persons shall enter in or upon such property except the person or persons as may be charged with the maintenance of the supply in the official performance of their duties of supervision or maintenance of the supply or except such other persons as may be authorized to enter said property by the Village of Sherman.

(e) Inspections. The trustees of the Village of Sherman or its duly appointed representative shall make regular and thorough inspections of the area surrounding the wells as to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid trustees to cause copies of any rules and regulations violated to be served upon the persons violating the same together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid trustees to promptly notify the State Commissioner of Health of such violations. The aforesaid trustees shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations found, the number of notices served, the number of violations abated and the general surroundings of the wells at the time of the last inspection.

(f) Penalties for violations. Penalties for violations shall be in accordance with section 1103 of the Public Health Law.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 105.6