N.Y. Comp. Codes R. & Regs. tit. 10 § 155.111

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

Section 155.111 - Windsor oaks property owners association, village of croton-on-hudson, westchester county

(a) Application. The rules and regulations 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 well which comprises the source of the public water supply of the Windsor Oaks Property Owners Association located in the Village of Croton-on-Hudson, Westchester County, NY. Said well is located on land owned by the Windsor Oaks Property Owners Association and is situated easterly of Oak Place and southerly of Mount Airy East in the Town of Cortland.

(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 extension of the centerline of the well.

(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, industrial and municipal and agricultural- and nonagricultural-associated animal waste.

(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 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, and includes treatment works.

(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 Windsor Oaks Property Owners Association, Westchester County, NY.

(20) Well shall mean the well now used as a source of water supply for the Windsor Oaks Property Owners Association of any additional wells which may be constructed or developed in the future 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) Cemeteries. No interment of a human body shall be made within a 250-foot linear distance of the well.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the well, 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 well 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 or sewage shall be constructed, located, placed, maintained or allowed to remain within a 250-foot linear distance of the well.

(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 well.

(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 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 facilities. No such watertight pipe shall be located within a 25-foot linear distance of the well.

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

(6) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the well and not within a 500-foot to a 1,000-foot linear distance of the well 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 the ground within a 250-foot linear distance of the well.

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

(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 well, except as otherwise permitted under the provisions of subparagraph (4)(iii) of this subdivision.

(10) Trespassing. No trespassing shall be allowed upon the property of the Windsor Oaks Property Owners Association upon which the well is 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 Windsor Oaks Property Owners Association.

(11) Other wastes. No pollutant of any kind shall be discharged or deposited on or beneath the surface of the ground on the watershed within 250 feet of the well except as otherwise permitted by subparagraph (4)(iii) of this subdivision.

(e) Inspections. The duly appointed representative of the Windsor Oaks Property Owners Association shall make regular and thorough inspections of the area surrounding the well to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid association 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 association to promptly notify the State Commissioner of Health of such violations. The aforesaid association 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 well at the time of the last inspection.

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

N.Y. Comp. Codes R. & Regs. Tit. 10 § 155.111