VILLAGES

Section 111.1 - Village of Delhi

VILLAGES

Section 111.1 Village of Delhi. (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 wells which comprise the source of the public water supply of the Village of Delhi. Said wells are located on land owned by the village of Delhi and are situated approximately 225 feet southerly of New York State Route 10 in and around the Village of Delhi pump house and garage.

(b) Definitions. (1) Agricultural-associated animal waste shall mean manure 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 biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial and municipal waste, 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 is shall not include the land used for 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, 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.

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

(20) Wells shall mean any well now used as a source of water supply for the Village of Delhi, or 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 500-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 acceptable to the village.

(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: (i) a permit is obtained from the appropriate State agency having jurisdiction; or

(ii) if there are no permit requirements, then storage only may be permitted in a facility acceptable to the Village of Delhi which shall provide containment in the event of damage to the storage containers.

(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 500-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 500-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 500-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 junkyards shall be located within a 500-foot linear distance of the wells.

(6) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 1,000-foot linear distance of the wells.

(7) Refuse. No refuse shall be deposited on or beneath the surface of ground within a 500-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, 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 Village of Delhi 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 Delhi.

(11) Other wastes. No pollutant of any kind shall be discharged or deposited upon the property of the Village of Delhi upon which the wells are located, except as otherwise permitted by the provisions of subparagraph (4)(iii) of this subdivision.

(e) Inspections. The Village of Delhi, by its trustees and its duly appointed representatives, 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 trustees of the Village of Delhi 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 Delhi to promptly notify the State Commissioner of Health of such violations. The aforesaid trustees of the Village of Delhi shall report to the State HEALTH 10B 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 these rules and regulations shall be those specified by section 1103 of the Public Health Law.
 

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Section 111.2 - Village of Fleischmanns

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.
 

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Section 111.3 - Village of Walton

111.3 Village of Walton. (a) Privies adjacent to reservoirs, springs or watercourses.

(1) No privy or place for the deposit or storage of human excreta shall be constructed, located or maintained within 25 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse which when running flows eventually into a reservoir of the Walton water supply.

(2) No privy vault, pit or cesspool or nontransportable receptacle of any kind for the reception or storage of human excreta shall be constructed, located or maintained within 150 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse as aforesaid.

(3) Every privy or place for the deposit of human excreta, which is constructed, located or maintained between the aforesaid limits of 25 and 150 feet, horizontal measurement, from the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse as aforesaid, and from which the said excrement is not at once removed automatically by means of suitable watertight pipes or conduits to some place of disposal beyond the said maximum limits, shall be arranged in such manner that all such excreta shall be received and temporarily retained in suitable vessels or receptacles, which shall at all times be maintained in an absolutely watertight condition and which shall admit of convenient removal to some place of ultimate disposal beyond the said maximum limits.

(4) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleansed and deodorized as often as is necessary to keep the receptacles in proper sanitary condition and to prevent an overflow of the excreta upon the soil or floor of the privy.

(5) The excreta so collected shall be removed so as to cause the least nuisance possible and shall be so disposed of that they cannot be washed either over the surface or through the subsoil into any reservoir, spring, stream, ditch or watercourse of any kind as aforesaid and shall be so placed as not to cause an offensive nuisance.

(6) Whenever it shall be found that, owing to the porous character of the soil, the height and flow of the surface or subsoil waters, the steepness of the slopes or other special conditions of the locality, the excremental matter from any privy, cesspool or other receptable for human excreta may be washed over the surface or through the subsoil into a reservoir or into any spring, stream, ditch or watercourse aforesaid without having been thereby, in the opinion of the State Department of Health, sufficiently purified, then the said privy, cesspool or other receptacle shall, after due notice to the owner thereof, be removed to such greater distance from said high-water mark as shall be considered safe and proper by the Department of Health.

(b) House slops, sink waste, laundry water and other similar sewage. (1) No sewage, house slops, sink waste, water in which milk cans, clothes or bedding have been washed or rinsed nor any other polluted water or liquid shall be thrown or discharged directly into a reservoir or into any spring, stream, ditch or watercourse aforesaid, nor shall any such aforesaid liquid or solid matter or other polluted liquid be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, spring, stream, ditch or watercourse aforesaid; nor shall any such polluted liquid be discharged into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid without percolating through earth for a distance of at least 50 feet, horizontal measurement.

(2) No clothing, animals, vehicles nor anything which pollutes water shall be washed, nor shall any person bathe in any reservoir, spring, stream, ditch or watercourse aforesaid.

(3) No garbage or putrescible refuse of any kind be thrown or discharged directly into any reservoir, spring, stream, ditch or watercourse aforesaid nor shall any such substances be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, spring, stream, ditch or watercourse aforesaid, nor shall any such polluted matter be thrown, buried or discharged into the ground below the surface in any manner whereby the same or any washings from the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid without flowing through the earth for a distance of at least 50 feet, horizontal measurement, to the high-water mark or precipitous bank of any reservoir or of any spring, stream, ditch or watercourse flowing into any reservoir of the water supply of the Village of Walton, N.Y.

(c) Manure, composts and similar matter. (1) No stable, pigsty, henhouse, barnyard, hog or duck yard, hitching or standing place for cattle or horses or other place where animal manure accumulates and no compost or manure heap shall be located or maintained within 125 feet of, nor shall they or any watering place for horses, cattle or other animals be so arranged that the polluted drainings therefrom shall be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, spring, stream, ditch or watercourse aforesaid; nor shall any such polluted liquid be discharged into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid without percolating through earth for a distance of at least 50 feet, horizontal measurement, nor flow into or through covered drains within 50 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid. (2) No human excreta nor compost containing human excreta shall be spread upon the ground within 250 feet of the high-water mark or precipitous bank of a reservoir, spring, stream, ditch or watercourse aforesaid, and no manures or composts of any kind shall be deposited so that they may be washed a less distance than 250 feet over the surface of the ground or 50 feet through the subsoil into any reservoir, spring, stream, ditch or watercourse aforesaid without having undergone purification.

(d) Dead animals, vegetable refuse and manufacturing wastes. No dead animal, bird, fish nor any part thereof nor any filthy or impure matter nor any decayed fruit or vegetable substance nor any waste products, putrescible matter or polluted waters from any slaughterhouse, dairy, creamery, cider mill or other manufactory shall be thrown or allowed to run directly into any reservoir, spring, stream, ditch or watercourse aforesaid, nor shall they be so deposited that any portion thereof or of the polluted drainage therefrom shall be washed on the surface less than 250 feet or through the subsoil less than 50 feet into any reservoir, spring, stream, ditch or watercourse aforesaid without having undergone proper purification.

(e) Cemeteries. No interment of a human body shall be made within 500 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

(f) Penalty. In accordance with section 70 of chapter 661 of the Laws of 1893, as finally amended by chapter 582 of the Laws of 1906, 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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