N.Y. Comp. Codes R. & Regs. tit. 10 § 136.8

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

Section 136.8 - Village of otego

(a) Application. The rules and regulations set forth in this section, duly made and adopted in accordance with the provisions of sections 110-1107 of the Public Health Law shall apply to the wells which comprise the source of the public water supply of the Village of Otego. Said wells are located on land owned by the Village of Otego and are situated approximately one mile north of the village along Otsdawa Road in the west end of the village south of Meadow Street between the Susquehanna River and the Delaware and Hudson railroad tracks.

(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 extension of the centerline of the wells.

(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 and 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 cleanings, 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 leasee of said land, or any part of a farm on which only 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 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, construction 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.

(18) Water supply shall mean the public water supply of the Village of Otego.

(20) Wells shall mean wells now used as a source of this water supply or any additional wells which may be constructed at this point as a source for this water supply.

(c) General prohibition. 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 the wells.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the wells except in weatherproof buildings or watertight 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 temporary storage or the permanent deposit of human excreta or sewage shall be constructed, located, placed, maintained or allowed to remain within a 250-foot linear distance of the wells.

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

(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-foot linear distance of the wells.

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

(6) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the wells and not within a 500-foot to a 1,000-foot linear distance of the wells unless authorization has been obtained from the appropriate State agency and such burial is in accordance with provisions of Part 16 of this Title.

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

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

(9) 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 the wells.

(10) Trespassing. No trespassing shall be allowed upon the property of the Village of Otego upon which the wells 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 Otego.

(e) Inspections. The board of trustees of the Village of Otego or any person or persons charged with the maintenance or supervision of the public water supply system shall make regular and thorough inspections of the area surrounding the wells to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid board of trustees to cause copies of any rules and regulations violated to be served upon the persons violating the same together with notices of said violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid board of trustees to promptly notify the State Commissioner of Health of such violations. If the commissioner finds such rule or regulation to have been violated, further steps will be taken in accordance with the provision of section 1102 of the Public Health Law. The aforesaid board of 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 condition of the area surrounding the wells 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 § 136.8