Part 102 - Broome County

Effective Date: 
Tuesday, January 8, 1985
Doc Status: 
Complete

Section 102.1 - Chenango Water District No. 1, Town of Chenango

Section 102.1 Chenango Water District No. 1, Town of Chenango. (a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 391 of the Laws of 1933, shall apply to all wells located on land owned by the district located east of Kattelville Road on the north side of Clark Street on what is known as the Macomber site, forming the source of the public water supply of the Chenango Water District No. 1, Town of Chenango, Broome County, NY.

(b) Definitions. (1) The term well wherever used in this section is intended to mean and refer to the well now used as a source of this public water supply and to any additional wells which may be constructed at this point for the purpose of this public water supply.

(2) Wherever a linear distance of a structure or object from a well is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to any well.

(c) Privies adjacent to any well. (1) No privy, privy vault, pit or other receptacle of any kind for either the temporary storage or the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 100 feet of any well of the public water supply of the Chenango Water District No. 1.

(2) No privy, privy vault, pit, cesspool or other receptacle, which is not watertight, placed or used for the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 175 feet of any well of the public water supply of the Chenango Water District No. 1.

(3) Every privy, privy vault, pit or other receptacle of any kind, placed or used for the temporary storage of human excreta, located between the limiting distance prescribed by paragraph (1) of this subdivision and the limiting distance prescribed by paragraph (2) of this subdivision, shall be arranged in such a manner that all excreta shall be received in a suitable watertight receptacle or removable container which shall be emptied as set forth in paragraphs (4) and (5) of this subdivision.

(4) Whenever the aforesaid watertight receptacles or removable containers become filled within six inches of the top, said receptacles or containers shall be emptied or removed and the contents disposed of as hereinafter provided, in order to maintain the privy or receptacle in proper sanitary condition and effectually prevent any overflow upon the soil or upon the foundation or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape while being transported from the privy or receptacle to the place of disposal hereinafter specified, and that the contents, or the removable containers, while being transported shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(5) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid watertight receptacles or removable containers permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits and covered with not less than 12 inches of soil in such a manner as effectually to prevent their being washed over the surface of the ground by rain or melting snow and at a distance of not less than 300 feet from any well of the public water supply of the Chenango Water District No. 1.

(6) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal may, in the opinion of the State Commissioner of Health, be washed over the surface of the ground or through the soil in an imperfectly purified condition into any well, then the said privy or receptacle for excreta or the said trench or place of disposal shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage, sink wastes, garbage, etc. No bath water, laundry wastes, sewage or other excremental matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner upon the surface of the ground or into the ground beneath the surface within 175 feet of any well of the public water supply of the Chenango Water District No. 1, except into watertight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c) or into suitable watertight iron pipes with leaded joints connected to a sewer system, a permit for which has been secured from the State Commissioner of Health. It is provided, however, that no such watertight receptacle or any such watertight iron pipe shall be within 100 feet of any well of the public water supply of the Chenango Water District No. 1. (e) Trespassing. No trespassing shall be allowed upon the property upon which any well of the public water supply of the Chenango Water District No. 1 is located and no person or persons shall enter in or upon such property except the board of water commissioners or any such board or person or persons who may be charged with the maintenance of the supply in the official performance of their duties of supervision or maintenance of the public water supply or except such other persons as may be authorized to enter said property by the board of water commissioners of the Chenango Water District No. 1.

(f) General clause. In addition to observing the foregoing requirements all persons shall refrain from any act, although not heretofore specified, which may result in the contamination of any portion of the water supply of the Chenango Water District No. 1.

(g) Inspections. The board of water commissioners of the Chenango Water District No.1 or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the Chenango Water District No.1 or their duly appointed representatives shall make regular and thorough inspections of the area surrounding the wells for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of said board of water commissioners to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the board of water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners shall report to the State Commissioner of Health in writing annually, on the first of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general surroundings of the wells at the time of the last inspection.

(h) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 391 of the Laws of 1933, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.

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Section 102.2 - Hillcrest Water District No. 1, Town of Fenton

102.2 Hillcrest Water District No. 1, town of Fenton.

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, shall apply to the wells, located on land, owned by the Hillcrest Water District No. 1, and situated along the bank of the abandoned Chenango Canal in the western part of the district, which form the source of the public water supply of the Hillcrest Water District No. 1 of the town of Fenton, Broome County, N.Y.

(b) Definitions. (1) The term well wherever used in this section is intended to mean and refer to the wells now used as a source of this public water supply or to any additional well which may be constructed at this point for the purpose of this public water supply.

(2) Wherever a linear distance of a structure or object from a well is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to such well.

(c) Privies adjacent to any well. (1) No privy, privy vault, pit or other receptacle of any kind, placed or used for either the temporary storage or the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 200 feet of any well of the public water supply of the Hillcrest Water District No. 1.

(2) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal may, in the opinion of the State Commissioner of Health, be washed over the surface of the ground or through the soil in an imperfectly purified condition into any well, then the said privy or receptacle for excreta or the said trench or place of disposal shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage, sink wastes, garbage, etc. (1) No bath water, laundry wastes, sewage or other excremental matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner upon the surface of the ground or into the ground beneath the surface within 200 feet of any well of the public water supply of the Hillcrest Water District No. 1.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any garage, dairy or cheese factory nor water in which milk cans, utensils, clothing, bedding, carpets or harness have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged upon the surface of the ground or into the ground beneath the surface within 150 feet of any well of the public water supply of the Hillcrest Water District No. 1.

(e) Animals, manure, compost, etc. (1) No stable for cattle or horses, no barnyard, hogyard, pigpen, poultry house or yard, no hitching place or standing place for horses or other animals and no manure pile or compost heap shall be constructed, located, placed, maintained or allowed to remain within 150 feet of any well of the public water supply of the Hillcrest Water District No. 1, and none of the above-named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any well without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 150 feet from any well of the public water supply of the Hillcrest Water District No. 1.

(2) No human excreta and no compost or other matter containing human excreta shall be thrown, placed, piled or spread upon the surface of the ground, nor shall such human excreta, compost or other matter containing human excreta be buried in the soil unless covered with not less than 12 inches of soil nor within a distance of 500 feet of any well; and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 150 feet of any well of the public water supply of the Hillcrest Water District No. 1.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animal, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged, maintained or allowed to remain upon the surface of the ground or buried beneath the surface within 200 feet of any well of the public water supply of the Hillcrest Water District No. 1. (g) Trespassing. No trespassing shall be allowed upon the property of the Hillcrest Water District No. 1, upon which any well of the public water supply of the Hillcrest Water District No. 1 is located and no person or persons shall enter in or upon such property except the board of water commissioners or any such board or person or persons who may be charged with the maintenance of the supply in the official performance of their duties of supervision or maintenance of the public water supply or except such other persons as may be authorized to enter said property by the board of water commissioners of the Hillcrest Water District No. 1.

(h) Camps. No temporary camp, tent, building or other structure for housing laborers engaged on construction work or for other purposes shall be located, placed or maintained within a distance of 500 feet of any well of the public water supply of the Hillcrest Water District No. 1.

(i) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of any well of the public water supply of the Hillcrest Water District No. 1.

(j) Inspections. The board of water commissioners of the Hillcrest Water District No. 1 or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the Hillcrest Water District No. 1 or their duly appointed representative shall make regular and thorough inspections of the area surrounding the wells for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of said board of water commissioners to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the board of water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners shall report to the State Commissioner of Health in writing annually, on the first of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general surroundings of the wells at the time of the last inspection.

(k) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination, is hereby fixed at $100.

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Section 102.3 - Water District No. 4, Town of Kirkwood

102.3 Water District No. 4, Town of Kirkwood. (a) Application. The rules and regulations herein set forth, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to the wells which comprise the source of the public water supply of Water District No. 4 of the Town of Kirkwood. Said wells are located on land owned by Water District No. 4 of the Town of Kirkwood and are situated and designated as Broome County Tax Map No. 7-1-S1. More particularly, said premises are located on the easterly shore of the Susquehanna River approximately 2,000 feet south of the confluence of Park Creek with said Susquehanna River.

(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 regenerations).

(3) Construction and demolition dump shall mean a site used for the deposit of wastes resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include, but are not limited to bricks, concrete and other masonry materials, soil, rock and lumber, road spoils, paving material and tree and brush stumps.

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

(5) Groundwater shall be any water beneath the land surface in the saturated zone that is under atmospheric or artesian pressure and that enters wells and springs.

(6) Herbicide shall mean any substance used to destroy or inhibit plant growth.

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

(8) Junkyard shall mean an area utilized for the collection, storage, burning, dumping, disassembling, dismantling, salvaging, sorting or otherwise handling or arranging for sale, resale, storage or disposal or otherwise of bodies, engines, or parts of autos.

(9) 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.

(10) Manure shall mean animal feces and urine.

(11) Nonagricultural associated animal waste shall mean manure obtained from nonagricultural industries.

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

(13) Pollutant shall mean dredge, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical waste, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial and municipal waste and agricultural and nonagricultural associated animal waste.

(14) 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.

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

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

(17) 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.

(18) 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.

(19) Sewage disposal system shall mean any system used for disposing of sewage and includes treatment works.

(20) Sludge shall mean any solid, semi-solid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment, or air pollution control facility. Sludge does not include the treated effluent from a wastewater treatment plant.

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

(22) 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. (23) Water stabilization pond or lagoon shall mean any body of water used for the collection of waste or sewage.

(24) Water district shall mean Water District No. 4 of the Town of Kirkwood.

(25) Water supply shall mean the public water supply of Water District No. 4 of the Town of Kirkwood.

(26) Wells shall mean any well or wells now used as a source of this water supply or any additional well which may be constructed at this point as a source for this 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 most stringent of standards for water quality as contained in:

(1) Part 170 of this Title;

(2) Part 703 of Title 6 (Environmental Conservation Law) of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR Part 703); and

(3) Subpart 5-1 of Part 5 of this Title, relating to maximum contamination levels for drinking water or any subsequent revision to or replacement of any such codes, rules or regulations.

(d) Specific prohibitions. (1) Any activity, system or facility, except for physical pumping and treatment facilities and controls, is prohibited within a 400-foot linear distance of the wells. Such prohibited activities include, among other things:

(i) interment of a human body;

(ii) placement of any watertight pipe connected to a sewage disposal system or treatment works;

(iii) disposal or burial of construction demolition debris;

(iv) construction, location, placement or maintenance of any sewage leaching area, privy, privy vault, pit or other receptacle of any kind for either the temporary storage or the permanent deposit of human excreta;

(v) use of sodium chloride for deicing;

(vi) deposit or spreading of any agricultural or nonagricultural associated animal waste; and

(vii) deposit or spreading of any fertilizer.

(2) The following actions or activities are prohibited within a 750-foot linear distance of the wells:

(i) deposit of any refuse on or beneath the surface of the ground;

(ii) operation or location of any refuse disposal area;

(iii) storage, discharge or application of pesticides or herbicides, except when the property owner or applicator first obtains a permit for such activity from the appropriate Federal, State or local agencies having jurisdiction;

(iv) storaging or stockpiling of any agricultural or nonagricultural associated animal waste, except where provisions have been made for a soil conservation service designed and approved handling system to prevent seepage to the groundwater;

(v) discharging or allowing any sewage or polluted liquid of any kind to flow on or beneath the surface of the ground, except in watertight pipes connected to a sewage disposal system for which a permit has been granted by the appropriate State agency having jurisdiction over such facilities;

(vi) operation or location of any new construction demolition dump, except that any existing construction demolition dump licensed by the New York State Department of Environmental Conservation shall be allowed within a 400-foot linear distance of the wells pursuant to paragraph (c) (1) of this section so long as such license remains in full force and effect;

(vii) placement or location of any container of more than 275 gallons used for the storage of gasoline, kerosene, fuel oil or diesel oil;

(viii) stockpiling or dumping of snow removed from streets, roads and parking areas;

(ix) open storage of fertilizers;

(x) excavations or cut-ins which expose groundwater permanently or during maximum elevation of the water table, or which significantly reduce the thickness of the soil cover and thereby ease the entrance of contaminants into groundwaters.

(xi) the operation of sand and gravel mining or dredging operations, except pursuant to a permit granted by the appropriate State or local agency having jurisdiction over the same; and

(xii) operation or location of any junkyard licensed by the Town of Kirkwood.

(3) The following actions or activities are prohibited within a 1,000-foot linear distance of the wells:

(i) disposal or burial in the soil of any radioactive material;

(ii) placement, location or use of any waste stabilization pond or lagoon, for temporary or permanent storage of wastewater;

(iii) abandonment of drilled water supply wells without filling the same with cement grout;

(iv) the construction of liquefied natural gas lines or pipelines for other materials which can impair water quality;

(v) storage of a chloride salt except in weatherproof buildings or watertight vessels. (vi) deposit or spreading upon or beneath the surface of the ground of any human excreta, sewage or sludge;

(vii) storage of any toxic substance;

(viii) storage of any pollutant;

(ix) reporting of accidental spills. Spills of one gallon or more of oil or any toxic substance within a 1,000-foot linear distance of the wells shall be reported within two hours of discovery of occurrence to the town commissioner of public works and appropriate health authorities.

(x) trespassing. No trespassing shall be allowed upon the property of the water district 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 said water district;

(xi) inspections. The town board of the Town of Kirkwood shall, by its officers or duly appointed representatives, make regular and thorough inspections, at least monthly, of the area surrounding the wells to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid town board of the Town of Kirkwood 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 town board of the Town of Kirkwood to promptly notify the State Commissioner of Health of such violations. The aforesaid town board of the Town of Kirkwood 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; and

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

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