N.Y. Comp. Codes R. & Regs. tit. 10 § 105.9

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

Section 105.9 - Village of Forestville

(a) Application. The rules set forth in this section duly made and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to the springs which comprise the sources of public water supply of the Village of Forestville. Said springs are located on land owned by the Village of Forestville and are situated approximately 200 feet off the north side of Shaw Road, one mile from County Road 307, five miles from the Village of Forestville (Hall Springs); 300 feet off the east side of Putnam Road, 0.6 mile from County Road 307, five miles from the Village of Forestville (Henry Springs) and on the east side of Rider Road, one mile from County Road 307, 2 1/2 miles from the Village of Forestville (Bradigan Springs). These rules shall also apply to all watercourses and tributaries thereto or which may be developed in the future to serve as sources of water supply of the Village of Forestville.

(b) Definitions.

(1) Agricultural-associated animal waste shall mean manure obtained from agricultural industries.

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

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

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

(5) 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 and/or the like.

(6) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the springs, (including any part of the radial collectors of the springs), or, to the edge, margin or steep bank forming the ordinary high-water line of a watercourse.

(7) Manure shall mean animal feces and urine.

(8) Nonagricultural-associated animal waste shall mean manure obtained from nonagricultural industries.

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

(10) Pollutant shall mean dredge, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical waste, biological materials, radioactive materials, heat wrecked or discarded equipment, rock, sand cellar dirt and industrial, municipal and agricultural- and nonagricultural-associated animal wastes.

(11) Radiation shall mean ionizing radiation, that is, any alpha particle, beta particle, gamma ray, X-ray, neutron, high-speed proton, and any other atomic particle producing ionization, but shall not mean any sound or radio wave, or visible, infrared or ultraviolet light.

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

(13) Refuse shall mean all putrescible and nonputrescible solid wastes including garbage, manure, rubbish, ashes, incinerator residue, street cleaning, dead animals, offal and solid commercial and industrial wastes.

(14) 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 agricultural associated animal wastes resulting from the operation of such farm are deposited.

(15) Reservoir shall mean any natural or artificial lake or pond which is tributary to or serves as a source of the Village of Forestville water supply; and its finished water storage reservoir.

(16) Sewage shall mean any liquid or solid waste matter from a domestic, commercial, private or industrial establishment which is normally carried off in sewers or waste pipes.

(17) Sewage disposal system shall mean any system used for disposing of sewage.

(18) Springs shall mean springs now used as a source of this water supply or to any additional spring(s) which may be constructed as a source from this water supply.

(19) Toxic substance shall mean any toxic substance as so defined by statute (see subdivision 2 of section 4801 of the Public Health Law).

(20) Treatment works shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary landfill, or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.

(21) Water supply shall mean the public water supply of the Village of Forestville.

(22) Watercourse shall mean every spring, stream, marsh, or channel of water of any kind which flows or may flow into the Village of Forestville water supply.

(23) Watershed shall mean the entire drainage area contributing water to the Village of Forestville 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 this Title.

(d) Specific prohibitions.

(1) Cemeteries. No interment of a human body shall be made within a 250-foot linear distance of any reservoir, watercourse or spring.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of any reservoir, watercourse or spring except in weather-proof buildings or watertight vessels.

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

(4) Human excreta and sewage.

(i) No human excreta or sewage shall be deposited or allowed to escape into any reservoir or watercourse on the watershed.

(ii) No human excreta or sewage shall be deposited or spread upon the surface of the ground at any point on the watershed or deposited beneath the surface of the ground within a 250-foot linear distance of the springs.

(iii) No human excreta or sewage shall be buried in the soil on the watershed unless deposited in trenches or pits at a linear distance of not less than 250 feet from any reservoir or watercourse and covered with not less than one foot of soil in such a manner as to effectually prevent its being washed into any reservoir or watercourse by rain or melting snow.

(iv) No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground and no privy receptacle or facilities of any kind for the deposit, movement, treatment or storage of human excreta or sewage shall be constructed, placed, maintained or allowed to remain within a 500-foot linear distance of any reservoir or watercourse or within a 250-foot linear distance of any spring except:

(a) watertight receptacles;

(b) water-flushed toilets connected by a watertight pipe to a sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such facility; and

(c) a properly designed, constructed and operated treatment works that has been approved by the appropriate State agency having jurisdiction over such facility.

(v) No portion of the seepage unit (tile field, seepage pit or equivalent) of a subsurface sewage disposal system shall be constructed, placed or allowed to remain within a 50-foot linear distance of any reservoir or watercourse or within a 250-foot linear distance of any spring.

(vi) Every watertight receptacle used for containing human excreta or sewage shall be emptied when the receptacle is filled to within six inches of the top.

(vii) In emptying a watertight receptacle or in transferring its contents to a transportable receptacle, all necessary care shall be exercised to prevent contamination of any reservoir or watercourse. All such transportable receptacles shall be provided with tightly fitting covers which are securely fastened when transporting wastes to the place of ultimate disposal. The contents of the watertight receptacles shall be disposed of in accordance with subparagraph (iii) of this paragraph or at a properly designed, constructed and operated sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such facility.

(viii) Before any existing sewage disposal systems is altered or any new sewage disposal system is constructed on the watershed, the plans in relation thereto shall have been first approved by the appropriate state agency having jurisdiction over such facility and subparagraph (v) of this paragraph shall comprise the criteria to approve any proposed sewage disposal system.

(5) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of any spring, reservoir or watercourse and not within a 1,000-foot linear distance of any spring, reservoir or watercourse unless authorization has been obtained from the appropriate state agency having jurisdiction and such burial is in accordance with the provisions of Part 16 of this Title.

(6) Recreation.

(i) Bathing and swimming. No bathing and swimming shall be allowed in any reservoir or watercourse owned by the Village of Forestville.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the Village of Forestville except by duly authorized employees of the Village of Forestville in the performance of their duties of supervision and maintenance of the water supply.

(iii) Fishing and trespassing. No fishing or trespassing shall be allowed in or upon any reservoir or watercourse owned by the Village of Forestville within a 1,000-foot linear distance of the water supply intakes except by duly authorized employees of the Village of Forestville in the performance of their duties of supervision and maintenance of the water supply.

(7) Solid Waste.

(i) Junkyards. No junkyard shall be located within a 250-foot linear distance of any reservoir, watercourse or spring.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of ground within a 250-foot linear distance of any reservoir, watercourse or spring.

(iii) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of any reservoir, watercourse or spring.

(8) Toxic substances. No container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 500-foot linear distance of any reservoir, watercourse or spring.

(9) Miscellaneous.

(i) Trespassing. No trespassing shall be allowed upon the property of the Village of Forestville upon which the springs are located and no person or persons shall enter in or upon such property except the person or persons authorized to enter said property by the Village of Forestville.

(ii) Other wastes. No pollutant of any kind shall be discharged or allowed to flow into any reservoir or watercourse or on or beneath the surface of the ground on the watershed within 500 feet of any reservoir, watercourse or spring. This restriction shall not apply to the effluent from a treatment works installed in accordance with plans which first have been submitted to an approved by the appropriate state agency having jurisdiction over such facilities.

(iii) Gas and oil well drilling. Oil or natural gas wells shall not be drilled on the watershed unless any necessary permit or other authorization has been issued by the appropriate state agency. A copy of the application to obtain such permit or other authorization shall be submitted to the Chautauqua County Health Department at the time the application is submitted to the state agency having authority to authorized drilling of the gas or oil well.

(e) Inspections. The Mayor and Trustees of the Village of Forestville and the Water Superintendent or any person or persons charged with the maintenance of supervision of the public water supply system shall be its officers or their duly appointed representative make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain whether these rules and regulations are being compiled with. It shall be the duty of the aforesaid Mayor, Trustees and Water Superintendent to promptly notify the state Commissioner of Health of such violations. Further steps to abate the said violations shall be in accordance with provisions of statute (see section 1102 of the Public Health Law). The aforesaid Mayor, Trustees and the Water Superintendent 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 abated and the general condition of the watershed and area surrounding the springs at the time of the last inspection.

(f) Penalties for violations. Penalties for violations of these rules and regulations shall be those specified by law (see section 1103 of the Public Health Law).

N.Y. Comp. Codes R. & Regs. Tit. 10 § 105.9