N.Y. Comp. Codes R. & Regs. tit. 10 § 111.2

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

Section 111.2 - Village of Fleischmanns, Delaware County

(a) Application. The rules and regulations set forth in this section and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to the wells and springs which comprise the source of the public water supply of the Village of Fleischmanns, Delaware County. Said wells and springs are located on land and rights-of-way owned by the Village of Fleischmanns, and are situated as follows:

(1) Well No. 1--southeasterly corner of the Village of Fleischmanns, southerly of Emory Brook.

(2) Well No. 2--southeast corner of village, northerly of Emory Brook.

(3) Well No. 3--adjacent to the village ballpark.

(4) Well No. 4--northeasterly corner of the village reservoir lot in the Town of Middletown, southerly of New York State Route 28.

(5) Well Nos. 5 and 6--southwesterly corner of village, easterly of Depot Street.

(6) Springs--all springs are located along the southern edge of the village reservoir property and also along the Penn Central Railroad right-of-way between New York State Route 28 and Green Hill Road, all in the Town of Middletown.

(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 the structure or object to the nearest well or spring.

(7) Manure shall mean animal feces or 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, industrial and municipal wastes 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, 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 cleanings, dead animals, offal and solid commercial or 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) 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.

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

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

(18) 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 landfills, or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.

(19) Water supply shall mean the public water supply of the Village of Fleischmanns.

(20) Wells or springs shall mean any well or spring now used as a source of water supply for the Village of Fleischmanns or any additional well or spring which may be constructed as a source for such 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) Agricultural waste. No manure or offal shall be deposited or spread upon or beneath the surface of the ground within a 150-foot linear distance of the wells or springs.

(2) Cemeteries. No interment of a human body shall be made within a 250-foot linear distance of the wells or springs.

(3) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the wells or springs, except in weatherproof buildings or watertight vessels.

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

(5) Human excreta and sewage.

(i) No privy, privy vault, pit or other receptacle for either temporary storage or the permanent deposit of human excreta or sewage shall be constructed, located, placed, maintained or allowed to remain within a 150-foot linear distance of the wells or springs.

(ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 150-foot linear distance of the wells or springs.

(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 150-foot linear distance of the wells or springs; 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-foot linear distance of the wells or springs.

(6) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the wells or springs, and not within a 500-foot to 1,000-foot linear distance of the wells or springs 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.

(7) Solid waste.

(i) Junkyards. No junkyard shall be located within a 250-foot linear distance of the wells and springs.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of the ground within a 250-foot linear distance of the wells and springs.

(iii) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of the wells or springs.

(8) Toxic chemicals. 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 the wells or springs, except as may otherwise be permitted under the provisions of this subdivision.

(9) Trespassing. No trespassing shall be allowed upon the property of the Village of Fleischmanns upon which the wells or 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 Fleischmanns.

(e) Inspections. The trustees of the Village of Fleischmanns or any person or persons charged with the maintenance or supervision of the public water supply system shall, by duly appointed village officers or representatives, make regular and thorough inspections of the area surrounding the wells or springs to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid trustees of the Village of Fleischmanns 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 of the Village of Fleischmanns to promptly notify the State Commissioner of Health of such violations. The aforesaid trustees of the Village of Fleischmanns 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 area surrounding the wells and springs at the time of the last inspection.

(f) Penalties for violations. Penalties for violations of this section shall be those specified by section 1103 of the Public Health Law.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 111.2