N.Y. Comp. Codes R. & Regs. tit. 10 § 107.1

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

Section 107.1 - City of Norwich

(a)Application.

The rules and regulations set forth in this section, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to Chenango Lake, all natural and artificial reservoirs on Ransford Creek, all wells and watercourses tributary thereto or which may ultimately discharge into said Chenango Lake and Ransford Creek reservoirs or affect water quality of wells or which may be developed in the future to serve as sources of the public water supply to the City of Norwich.

(b) Definitions of components of the public water supply.

(1)Lake shall mean Chenango Lake.

(2)Reservoir shall mean any and all natural or artificial lakes or ponds, except Chenango Lake as defined in paragraph (1) of this subdivision, which are tributary to or serve as a source of the public water supply to the City of Norwich.

(3)Watercourse shall mean every spring, stream, marsh or channel, including portions of Ransford Creek, which flow or may flow into the public water supply to the City of Norwich.

(4)Watershed shall mean the entire drainage area contributing to the public water supply to the City of Norwich.

(5)Well shall mean all wells which are now used as a source of this water supply or any additional wells which may be public water supply to the City of Norwich.

(c) General definitions.

(1)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).

(2) Distances referred to in these rules are linear distances and shall mean the shortest horizontal distance from the nearest point of a structure or object to the high water mark of the lake or reservoir, to the edge, margin, or steep bank forming the ordinary high water mark of a watercourse or to the extension of the centerline of the well. All distances presented are metric; those in parentheses are the approximate English system equivalents.

(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 or the like.

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

(7)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 waste discharged into water.

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

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

(10)Refuse disposal area shall mean land used for the depositing of refuse except that it shall not include 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.

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

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

(13)Toxic chemical shall mean any compound or substance, including but not limited to gasoline, kerosene, fuel oil or diesel oil, which is or may be harmful or poisonous to humans.

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

(d)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.

(e)Specific prohibitions.

(1) Animals.

No owner shall allow his animal to enter, graze or remain upon land owned by the City of Norwich in the reservoir, well, and watercourse areas or to stand, wallow, wade, swim or be washed or watered in any reservoir or watercourse.

(2) Cemeteries.

No interment of a human body shall be made within 75 meters (246.1 feet) of the lake, any reservoir, well or watercourse.

(3) Chloride salt.

No chloride salt shall be stored within 150 meters (492.1 feet) of the lake, any reservior, well or watercourse except in weather-proof buildings or watertight vessels.

(4) Gutters.

No culverts, gutters, pipes or ditches, which are used to divert or collect surface water runoff or to drain the road, shall empty into the lake within 150 meters (492.1 feet) of any water supply intakes.

(5) Herbicides and pesticides.

No herbicides or pesticides shall be stored, discharged, or applied on the watershed or allowed to remain within 150 meters (492.1 feet) of any well, or allowed to enter the lake, any reservoir, well, or watercourse unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(6) Human excreta and sewage.

(i) No human excreta or sewage shall be deposited or allowed to escape into the lake, 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.

(iii) No human excreta or sewage shall be buried in the soil unless deposited in trenches or pits at a distance not less than 100 meters (328.1 feet) from the lake, any reservoir, well or watercourse and covered with not less than 30 centimeters (11.8 inches) of soil in such a manner as to effectively prevent its being washed into the lake, any reservoir, well or watercourse by rain or melting snow.

(iv) No privy, 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 30 meters (98.4 feet) of the lake or any watercourse, within 60 meters (196.9 feet) of any reservoir, or within 75 meters (246.1 feet) of any well except:

(a) stored in watertight receptacles;

(b) disposed of in 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 facilities; or

(c) treated in a properly designed, constructed, and operated treatment works that has been approved by the appropriate State agency having jurisdiction over such facility. Under no circumstances shall any facility for the deposit, movement, treatment, or storage of human excreta or sewage be within 15 meters (49.2 feet) of the lake or any watercourse or within 30 meters (98.4 feet) of any reservoir or well.

(v) No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground within 75 meters (246.1 feet) of any well; 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 10 meters (32.8 feet) of any well.

(vi) No portion of a seepage unit (tile field, seepage pit or equivalent) of a subsurface sewage disposal system shall be constructed, placed or allowed to remain within 30 meters (98.4 feet) of the lake or any watercourse or within 30 meters (98.4 feet) of any reservior or well.

(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 the lake, any reservoir, well 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, such that the least possible annoyance and inconvenience shall be caused to the occupants of the premises or the adjacent premises. 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 facilities.

(viii) Before any existing sewage disposal system is altered or any new sewage disposal system is constructed on the watershed or within 150 meters (492.1 feet) of any well, the plans in relation thereto shall have been first approved by the appropriate State agency having jurisdiction over such facility.

(7) Radioactive material.

No radioactive material shall be disposed of by burial in the soil at any point within the watershed, well or water distribution areas.

(8) Recreation.

(i) Bathing and swimming. No bathing or swimming shall be allowed in any reservior or watercourse owned by the City of Norwich.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the City of Norwich.

(iii) Camping. No camp, tent, building or other structure for the occupancy by transients or by laborers or for any other use except as a private camp or dwelling maintained by a person for his own personal use or for the use of his family and friends, shall be located, placed or maintained within 90 meters (295.3 feet) of the lake.

(iv) Fishing. No fishing shall be allowed in or upon any reservoir owned by the City of Norwich.

(v) Exception. The preceding subparagraphs (ii), (iii) and (iv) of this paragraph shall not apply to persons duly authorized by the City of Norwich Board of Water Commissioners who are performing their duties of supervision or maintenance of the public water supply to the City of Norwich.

(9) Solid waste.

(i) Junkyards. No junkyard shall be located within 75 meters, 246.1 feet) of the lake, any reservoir, well or watercourse.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of the ground within 75 meters (246.1 feet) of the lake, any reservoir, well or watercourse.

(iii) Refuse disposal area. No refuse disposal area shall be located within 150 meters (492.1 feet) of the lake, any reservoir, well or water watercourse.

(10) Toxic chemicals.

No container used for the storage of toxic chemicals shall be buried beneath the surface of the ground within 150 meters (492.1 feet) of the lake, any reservoir, well or watercourse.

(11) Miscellaneous.

(i) Trespassing and structures. No trespassing or structures of any kind, except a waterworks structure, shall be permitted upon land owned by the City of Norwich in the reservoir, well and watercourse areas. The foregoing shall not apply to persons duly authorized by the City of Norwich Board of Water Commissioners to enter upon such property.

(ii) Washing and rinsing. Nothing may be washed or rinsed in, and no water from such washing or rinsing shall be allowed to enter the lake, any reservoir, well or watercourse.

(12) Other wastes.

No pollutant of any kind shall be discharged or allowed to flow into the lake, any reservoir, well or watercourse, or on or beneath the surface of the ground on the watershed within 150 meters (492.1 feet) of the lake, any reservoir, well or watercourse. This restriction shall not apply to the effluent from a treatment works that has been approved by the appropriate State agency having jurisdiction over such facilities.

(f)Inspections.

(1) Access.

(i) The City of Norwich Board of Water Commissioners must be notified during and at the conclusion of the alteration or construction of any sewage disposal system or treatment works on the watershed or within 150 meters (492.1 feet) of any well so that the said Board of Water Commissioners or its duly authorized representatives may inspect such alteration or construction to determine its adequacy and conformance with these regulations.

(ii) Owners of any property within the watershed must, at a reasonable hour, allow the aforesaid Board of Water Commissioners or its duly authorized representatives free access to such property for the inspection of sewage disposal systems or treatment works to ascertain whether such systems or works are in compliance with these regulations.

(2) Authority.

The City of Norwich Board of Water Commissioners or any person or persons charged with the maintenance or supervision of the public water supply of the City of Norwich shall by its officers or their duly appointed representatives make regular and thorough inspections of the lake, reservoirs, wells, watercourses, and watershed to ascertain whether the rules and regulations set forth in this section are being complied with. It shall be the duty of the aforesaid Board of Water Commissioners to cause copies of any rules and regulations violated to be served upon the persons violating the same along with notices of such violations. If such persons do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid Board of Water Commissioners to promptly notify the State Commissioner of Health of such violations.

(3) Reports.

The City of Norwich Board of Water Commissioners 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 condition of the watershed and the area surrounding the wells at the time of the last inspection.

(g)Penalties for violations.

Penalties for violations of this section shall be those specified by section 1103 of the Public Health Law, the text of which is set forth as follows:

§ 1103. Violation; penalties.

(1) If any rule or regulation promulgated pursuant to section one thousand one hundred of this chapter relates to a temporary source or act of contamination, any person violating such rule or regulation shall be liable to prosecution for misdemeanor for every such violation, and on conviction thereof shall be punished by a fine not exceeding two hundred dollars, or imprisonment not exceeding one year, or both.

(2) If any rule or regulation promulgated pursuant to section one thousand one hundred of this chapter relates to a permanent source or act of contamination, the department may impose penalties for the violation thereof or the noncompliance therewith, not exceeding two hundred dollars for every such violation or noncompliance.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 107.1