Section 112.5 - Village of Millbrook

Section 112.5 Village of Millbrook, Dutchess County.

(a) Application: The rules and regulations set forth in this Section duly made and enacted in accordance with the provisions of Section 1100-1107 of the Public Health Law shall apply to the source of the public water supply of the Village of Millbrook. Said water supply is located approximately one mile east of the Village along NYS Route 44 on land identified as Dutchess County Office of Real Property Tax number 6865-265185. The location of boundaries designated for the protection zones, which comprise the Millbrook public water supply watershed, are described on the watershed protection zone map, dated April 1992 and filed with the New York State Commissioner of Health, Albany, New York, and with the Village Clerk of the Village of Millbrook, Dutchess County, New York, and included as Appendix A of these Rules.

(b) Definitions:

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

(2) Aquifer shall mean a consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding a significant amount of groundwater to wells, springs or infiltration galleries.

(3) Chloride salt shall mean any bulk quantities of chloride compounds and other deicing compounds intended for application to roads, including mixtures of sand and chloride compounds in any proportion where the chloride compounds constitute over eight percent of the mixture. A bulk quantity of chloride compounds means a quantity of one thousand pounds or more, but does not include any chloride compounds in a solid form, including granules, which are packaged in waterproof bags or containers which do not exceed one hundred pounds each.

(4) Commissioner of Health unless otherwise noted, shall be the Commissioner of Health of the State of New York.

(5) Disposal shall mean the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste, radioactive material, hazardous waste, or wastewater into or on any land or water so that such solid waste, radioactive material, hazardous waste, or wastewater will remain on the land or water and will not be removed.

(6) Environmental assessment form shall be a form used by an agency to assist it in determining the environmental significance or nonsignificance of actions as defined in 6 NYCRR, Part 617.

(7) Fertilizers shall be any commercially produced mixture generally containing phosphorous, nitrogen, and potassium which is applied to the ground to increase nutrients to plants.

(8) Flood plain shall be the land contiguous to streams, ponds, estuaries, and lakes which would be inundated by the flood having a one percent chance of being equalled or exceeded in any given year.

(9) Groundwater shall be any water beneath the land surface in the saturated zone.

(10) Hazardous material shall mean any substance listed in or exhibiting characteristics identified in either 6 NYCRR Part 371 or 6 NYCRR Part 597.

(11) Herbicides shall mean any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed, and being those substances defined as herbicides pursuant to Environmental Conservation Law Section 33-0101.

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

(13) Manure shall mean animal feces and urine.

(14) Non-agricultural associated animal waste shall mean manure obtained from non-agricultural industries.

(15) Non-point discharge shall mean discharges of pollutants not subject to SPDES (State Pollutant Discharge Elimination System) permit requirements.

(16) Open storage shall mean the holding of a material in a way that the material is exposed to the elements of nature.

(17) Pest shall mean (1) any insect, rodent, fungus, weed, or (2) any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other micro-organism (except viruses, bacteria or micro-organisms on or in living man or other living animals) which the Commissioner of Environmental Conservation declares to be a pest as provided by Environmental Conservation Law Section 33-0101.

(18) Pesticide shall mean any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant, and being those substances defined as pesticides pursuant to Environmental Conservation Law Section 33-0101 et seq.

(19) Point Source discharge shall mean pollutants discharged form a point source as defined in Environmental Conservation Law Section 17-0105.

(20) Protection zone shall mean any of the watershed management zones, as delineated on the watershed protection zone map, dated April 1992, and included as Appendix A of these Rules and described herein. These zones shall be designated Zone I, Zone II and Zone III. (21) Radioactive material shall mean any material in any form that emits radiation spontaneously, excluding those radioactive materials or devices containing radioactive materials whose receipt, possession, use and transfer are exempt from licensing and regulatory control pursuant to regulations of the New York State Department of Labor or United States Nuclear Regulatory Commission.

(22) 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.

(23) Recyclables handling and recovery facility shall mean a solid waste management facility, other than pickup and transfer vehicles, at which recyclables are separated from the solid waste stream, or at which previously separated recyclables are collected, for collection, storage, and off-site shipment.

(24) Septage shall be the contents of a septic tank, cesspool, or other individual wastewater treatment work which receives domestic sewage wastes.

(25) Sludge shall be the solid, semi-solid or liquid waste generated from a waste processing facility, but does not include the liquid stream of effluent.

(26) Solid waste shall mean all putrescible and nonputrescible materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris, discarded automobiles and offal but not including sewage and other highly diluted water carried materials or substances and those in gaseous form, and being those wastes defined as solid waste pursuant to Environmental Conservation Law Section 27-0701.

(27) Solid waste management facility means any facility employed beyond the initial waste collection process including, but not limited to, transfer stations, bailing facilities, rail haul or barge haul facilities, processing systems, including resource recovery facilities or other facilities for reducing solid waste volume, sanitary landfills, facilities for the disposal of construction and demolition debris, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities, as defined in Environmental Conservation Law Section 27-0701 et seq.

(28) Spill shall mean any escape of a substance from the containers employed in storage, transfer, processing, or use.

(29) State Pollutant Discharge Elimination System or "SPDES" shall mean the system established pursuant to Article 17 Title 8 of Environmental Conservation Law for issuance of permits authorizing discharges to the waters of the State of New York.

(30) Stormwater runoff recharge basins shall mean a man-made device capable of retaining surface water runoff to induce groundwater infiltration.

(31) Supplier of Water shall mean the Village of Millbrook, Dutchess County, New York, incorporated under the laws of New York State. The Village of Millbrook is the owner and operator of the public water supply facilities located within the watershed protection zones as described on the watershed protection zone map, dated April 1992, filed with the New York State Commissioner of Health, Albany, New York, and with the Village Clerk of the Village of Millbrook, Dutchess County, New York, and included as Appendix A of these Rules.

(32) Wastewater treatment work shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, collection and distribution pipes, on-site disposal systems and seepage units, constructed drainage ditch or surface water intercepting ditch, or other works not specifically mentioned in this paragraph, installed for the purpose of transport, treatment, neutralization, stabilization, storage, or disposal of wastewater.

(33) Wastewater shall mean aqueous carried waste including, but not limited to, dredge spoil, solid waste, hazardous waste, incinerator ash and residue, septage, garbage, refuse, sludge, chemical waste, infectious waste, biological material, radioactive materials, heat, and industrial, municipal and agricultural waste.

(34) Water Supply Protection Zone shall mean the land area, known as Zone II, delineated on the map, dated April 1992 and filed with the New York State Commissioner of Health and with the Village Clerk of the Village of Millbrook, and included as Appendix A of these rules. The Water Supply Protection Zone includes a portion of the Millbrook stream bed, a portion of the intermittent surface stream network, the southeastern gravel deposit areas of the watershed and other areas of the watershed having gravelly and sandy soils. (35) Watershed Protection Zone shall mean the land area, known as Zone III, which is tributary to Zone II and is the tributary surface area from which the aquifer is replenished by runoff. The Watershed Protection Zone is delineated on the map, dated April 1992 and filed with the New York State Commissioner of Health and with the Village Clerk of the Village of Millbrook, and included as Appendix A of these Rules.

(36) Water supply shall mean the public water supply of the Village of Millbrook.

(37) Watercourse shall mean every spring, stream, wetland, and marsh, from which water may flow into the Village of Millbrook public water supply.

(38) Watershed shall mean that land area which contributes water to a specific stream, aquifer or aquifer recharge area or portion(s) thereof and shall include the three designated protection zones known as Zone I, Zone II, and Zone III.

(39) Well shall mean any present or future artificial excavation used as a source of public water supply which derives water from the interstices of the rocks or soils which it penetrates including bored wells, drilled wells, driven wells, infiltration galleries, and trenches with perforated piping, but excluding ditches or tunnels, used to convey groundwater to the surface.

(40) Well Head Protection Zone shall mean the +/-119.0 acre parcel owned by the supplier of water (identified as tax parcel #6865-265185) located at the confluence of the Shaw Brook and the Mill Brook which contains the public water supply facilities and the well cone of depression. This zone shall also be known as Zone I as delineated on the map, dated April 1992 and filed with the New York State Commissioner of Health and with the Village Clerk of the Village of Millbrook, and included as Appendix A of these Rules.

(c) General Provisions.

(1) The manufacture, use, storage, disposal or discharge of any products, materials or by-products, such as wastewater, solid waste, hazardous waste or any pollutant within the identified protection zones must conform to the requirements of these Rules.

(2) Any person or entity preparing an environmental assessment form or an environmental impact statement for a project in Zones I, II, or III as defined in this section shall file a copy with the Commissioner of Health and the supplier of water.

(3) An inventory and census shall be initiated and updated every five years by the supplier of water of all systems, facilities and activities in the protection zones that may contribute to water supply source contamination including, as a minimum, those activities included in the original inventory and census, a summary of which is included as Appendix B of these rules.

(4) Spills: Within any of the herein defined Protection Zones, any person who is the owner of, or in actual or constructive possession or control of a hazardous material, petroleum, or radioactive material, or any agent or employee thereof, or any person in a contractual relationship therewith, who is responsible for, or has knowledge of any spill, as defined in subdivision (b) above, of any hazardous material, petroleum, or radioactive material to the ground surface or any water body, shall notify the supplier of water, the New York State Department of Environmental Conservation and the Dutchess County Department of Health. All spills shall be reported to the supplier of water, the New York State Department of Environmental Conservation and the Dutchess County Department of Health within two (2) hours of such spill, or when knowledge of such spill is obtained.

(d) Specific Regulations: Zone I

(1) All land shall be protected and controlled through direct ownership of the land or through the acquisition of protective easements or other appropriate measures by the supplier of water in order to prevent contamination.

(2) All systems, facilities, and activities are prohibited except for physical pumping and treatment facilities and controls. The area shall not be used for any purpose other than public water supply except when a permit has been issued by the Village Board for non-intrusive recreation uses such as hunting, fishing, picnicking, nature study, or hiking.

(3) The development of the water supply sources shall be designed, constructed and maintained subject to the approval and enforcement authority of the Dutchess County Health Department, New York State Department of Environmental Conservation and New York State Department of Health so as to eliminate the opportunity for pollution to enter the water sources.

(4) The physical pumping facilities and controls shall be protected against damage from tampering by fencing or other enclosures or by their manner of construction and installation.

(5) The area shall be posted prohibiting trespass for any purpose except as permitted in subdivision (d)(2) above. (e) Specific Regulations: Zone II

(1) Wastewater Treatment Works:

(i) all wastewater treatment works discharging to groundwater and receiving wastewater without the admixture of industrial or other wastes, as those terms are defined in Environmental Conservation Law, Section 17-0701, in quantities of less than 1,000 gallons per day shall be designed, installed and maintained in accordance with the standards established in 10 NYCRR Part 75 (Appendix 75A) and any wastewater disposal standards promulgated by the Dutchess County Health Department where such standards are more stringent. Where required, permits for the installation or continued use of wastewater treatment works shall be obtained and may be denied when rapid percolation is found; and

(ii) all other wastewater treatment works, including design, installation and maintenance, are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation.

(2) Point Source Discharge. Point source discharges, other than stormwater runoff conduits and discharges pursuant to Subdivision e(1)(i) of this section, are prohibited except pursuant to an authorization issued by the New York State Department of Environmental Conservation.

(3) Septage and Sludge:

(i) storage of septage, sludge or human excreta, other than storage associated with the operation of an individual wastewater treatment work, is prohibited; and

(ii) the land application of septage, sludge or human excreta is prohibited.

(4) Solid Waste Management Facilities. The establishment or continued operation of solid waste management facilities are prohibited, except for a disposal area located within the property boundaries of a single family residence or farm for solid waste generated from that residence or farm or a recyclables handling and recovery facility with an on-site capacity not exceeding 450 tons per month, operated pursuant to a valid permit, regulatory exemption or other authorization by the New York State Department of Environmental Conservation.

(5) Animal Waste Storage. Areas utilized for the storage or stockpiling of manure and agricultural associated animal waste shall be constructed and maintained such that seepage, leachate or runoff from storage or stockpiling of animal waste cannot adversely impact the quality of the groundwater or surface water.

(6) Hazardous Material:

(i) storage and use of hazardous material are subject to the approval and enforcement authority of the State Department of Environmental Conservation or other agency having jurisdiction; and

(ii) disposal of hazardous material is prohibited.

(7) Radioactive Material. Storage, use and disposal of radioactive material are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation, the State Department of Health, and any other state or federal agency having jurisdiction.

(8) Fertilizer and Manure Use:

(i) open storage of fertilizers for non-farm and non-residential use is prohibited;

(ii) agricultural use of fertilizers and land application of manure shall be in conformance to the degree practicable with "Controlling Agricultural Nonpoint Source Water Pollution in New York State - A Guide to the Selection of Best Management Practices to Improve and Protect Water Quality", dated 1991, prepared by Patricia Longabucco, published by the Bureau of Technical Services and Research, Division of Water, New York State Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12223, and available for public inspection and copying from the New York State Department of Health, Bureau of Management Services, Empire State Plaza, Corning Tower, Room 2230, Albany, New York 12237; and

(iii) fertilizer use for non-farm and non-residential usage shall not be applied in a manner or at rates which would contaminate the Village water supply.

(9) Pesticide and Herbicide Use:

(i) pesticide and herbicide storage and use are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation;

(ii) disposal of pesticides, including herbicides other than for those uses set forth in subdivision (e)(9)(i) of this section, is prohibited;

(iii) disposal of water used for make-up water or for washing of equipment is prohibited except pursuant to an authorization issued by the New York State Department of Environmental Conservation; and

(iv) use of streams as a source of water or for make-up water or washing of equipment used in conjunction with pesticides and herbicides is prohibited.

(10) Petroleum Storage:

(i) aboveground or underground petroleum storage tanks, including design, installation and maintenance, are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation as per Environmental Conservation Law Sections 17-0303 and 17-1001 et seq; and (ii) abandoned petroleum tanks are subject to the closure requirements of 6 NYCRR, Section 613.9.

(11) Stockpiles:

(i) storage of chloride salts is prohibited except in structures designed to minimize contact with precipitation and constructed on low permeability pads designed to control seepage and runoff; and

(ii) storage of coal is prohibited except in structures designed to minimize contact with precipitation and constructed on low permeability pads designed to control seepage and runoff.

(12) Chloride Salt Application. Deicing chloride salt use is restricted to the minimum amount needed for public safety.

(13) Construction and Closure of Wells:

(i) oil and gas well construction, maintenance and abandonment are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation; and

(ii) water supply well construction, maintenance and abandonment are subject to the approval and enforcement authority of the Dutchess County Health Department and the New York State Department of Health as set forth in standards and procedures contained in section 5-1.22 of the State Sanitary Code and the New York State Department of Environmental Conservation under 6 NYCRR, Part 601.

(14) Cemeteries. All cemeteries shall be operated to prevent contamination of the public water supply.

(15) Sediment Generation:

(i) farm tillage practices shall be in conformance to the degree practicable with "Controlling Agricultural Nonpoint Source Water Pollution in New York State - A Guide to the Selection of Best Management Practices to Improve and Protect Water Quality", dated 1991, prepared by Patricia Longabucco, published by the Bureau of Technical Services and Research, Division of Water, New York State Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12223, and available for public inspection and copying from the New York State Department of Health, Bureau of Management Services, Empire State Plaza, Corning Tower, Room 2230, Albany, New York 12237; and

(ii) land disturbing activities which may result in deterioration of the quality or quantity of the public water supply source, including general construction, highway construction, access road construction and maintenance are prohibited except where measures have been put in place to prevent erosion and sediment production.

(f) Specific Regulations: Zone III

(1) Wastewater Treatment Works:

(i) all wastewater treatment works discharging to groundwater and receiving wastewater without the admixture of industrial or other wastes, as those terms are defined in Environmental Conservation Law, Section 17-0701, in quantities of less than 1,000 gallons per day shall be designed, installed and maintained in accordance with the standards established in 10 NYCRR Part 75 (Appendix 75A) and any wastewater disposal standards promulgated by the Dutchess County Health Department where such standards are more stringent. Where required, permits for the installation or continued use of wastewater treatment works shall be obtained; and

(ii) all other wastewater treatment works, including design, installation and maintenance, are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation, or its agent.

(2) Point Source Discharge. Point source discharges, other than stormwater runoff conduits and discharges pursuant to subdivision (f)(1)(i) of this section, are prohibited except pursuant to an authorization issued by the New York State Department of Environmental Conservation.

(3) Septage and Sludge:

(i) land application of septage, sludge or human excreta within 200 linear feet of any stream, watercourse or Zone I or Zone II boundary is prohibited; and

(ii) land application of septage, sludge or human excreta which is permitted under this subdivision shall be pursuant to a permit issued by the New York State Department of Environmental Conservation or New York State Department of Health as appropriate.

(4) Solid Waste Management Facilities. Solid Waste Management facilities may be established or operated pursuant to a valid permit, regulatory exemption, or other authorization issued by the New York State Department of Environmental Conservation.

(5) Animal Waste Storage. Areas utilized for the storage or stockpiling of manure and agricultural associated animal waste shall be constructed and maintained such that seepage, leachate or runoff from storage or stockpiling of animal waste cannot adversely impact the quality of the groundwater or surface water.

(6) Hazardous Material. Storage, use and disposal of hazardous material are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation or other agency having jurisdiction.

Effective Date: 
Wednesday, August 5, 1992
Doc Status: 
Complete