VILLAGES

Section 112.3 - Village of Fishkill

VILLAGES

112.3 Village of Fishkill.

(a) Application. The following rules and regulations enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Laws), as finally amended by chapter 395 of the Laws of 1928, HEALTH 10B shall apply to all natural and artificial reservoirs, watercourses and drainage areas tributary thereto or ultimately discharging into said reservoirs, serving as sources of the public water supply of the village of Fishkill, Dutchess County, New York.

(b) Definitions. (1) The term water supply wherever used in this section means the public water supply of the village of Fishkill, Dutchess County, New York.

(2) The term reservoir means all natural or artificial reservoirs serving as a source of the aforesaid water supply.

(3) The term watercourse means a spring, pond, stream, marsh or channel of any kind, the waters of which flow or may flow into the water supply.

(4) The linear distance of a structure or object from the reservoir or watercourse is the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of the reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Human excreta. (1) No human excreta shall be deposited, thrown, placed or allowed to escape into the reservoir or any watercourse.

(2) No human excreta shall be placed or spread upon the surface of the ground at any point on the watershed of the water supply.

(3) No human excreta shall be buried in the soil on the watershed of the water supply unless deposited in trenches or pits at a distance of not less than 500 feet from the reservoir or any watercourse and covered with not less than 12 inches of soil in such a manner as to effectually prevent its being washed over the surface of the ground by rain or melting snow.

(4) No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 300 feet of the reservoir or any watercourse.

(5) Every privy or receptacle for the storage or deposit of human excreta located between the limiting distance of 300 feet, prescribed in paragraph (4) of this subdivision, and the distance of 500 feet from the reservoir or any watercourse, shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

(6) Whenever, in the opinion of the State Commissioner of Health, excremental matter from any aforesaid privy, receptacle, trench or place of disposal may be washed over the surface of the ground or through the soil in an imperfectly purified condition into the reservoir or any watercourse, the said privy, receptacle, trench or place of disposal shall, after due notice to the owner thereof, be removed to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage. No sewage, bath water, sink or laundry wastes shall be discharged or allowed to flow into the reservoir or any watercourse nor deposited on or beneath the surface of the ground within 500 feet of the reservoir or any watercourse, except into watertight receptacles or into a sewage treatment plant, plans for which shall have been submitted to and approved by the State Commissioner of Health. If such watertight receptacles are used, they shall be located not less than 300 feet from the reservoir or any watercourse and the contents removed and disposed of as provided by paragraph (3) of subdivision (c).

(e) Wastes, refuse and garbage. No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or other material that pollutes water shall be deposited in the reservoir or any watercourse nor on or beneath the surface of the ground within 300 feet thereof nor in such a manner that it can be washed by rain, melting snow or otherwise over the surface of or through the ground into the reservoir or any watercourse.

(f) Bathing. No person shall bathe or swim or be allowed to bathe or swim in the reservoir.

(g) Places for animals. (1) No animals or poultry shall be allowed to stand, wade, wallow or swim nor be washed or watered in the reservoir, and no watering place shall be maintained in such a way as to pollute any watercourse with excremental matter.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals shall be so located or maintained in such manner that the drainings, leachings or washings therefrom shall pollute the reservoir or any watercourse. (h) Manure. No manure or manure pile shall be maintained or allowed to remain within 300 feet of the reservoir or any watercourse nor in such a manner as to pollute said reservoir or watercourse.

(i) Fishing, boating and ice cutting. No boating or fishing of any kind, ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of the reservoir except by duly authorized employees of the village of Fishkill in the performance of their duties of supervision and maintenance of the water supply.

(j) Camps. No camp, tent, building or other structure for occupancy by transients or for the housing of laborers engaged in construction work or for any other use, except as a private camp or dwelling maintained by a person for his own personal use or for the use of his family and friends, shall be located, placed or maintained within a distance of 500 feet of the reservoir or any watercourse tributary to the water supply.

(k) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of the reservoir or any watercourse tributary to the public water supply.

(l) Inspections. The board of trustees of the village of Fishkill or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the village of Fishkill or the duly appointed representatives of any such board shall make regular and thorough inspections of the reservoir, watercourses and drainage areas tributary thereto 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 trustees 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 said board to promptly notify the State Commissioner of Health of such violations. The board of trustees shall report to the State Commissioner of Health in writing annually, on the first day 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 condition of the watershed at the time of the last inspection.

(m) 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 112.4 - Village of Wappingers Falls

112.4 Village of Wappingers Falls.

(a) Application. The following rules and regulations enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as finally amended by chapter 391 of the Laws of 1933, shall apply to all existing wells and such additional wells as may be developed in the future on the property of the village of Wappingers Falls, Dutchess County, New York, such wells being the sources of public water supply of the village of Wappingers Falls.

(b) Definitions. (1) The term well whenever used in this section means any well now used as a source of this public water supply or any additional well which may be constructed on the property of the village of Wappingers Falls for the purpose of this water supply.

(2) Wherever the 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 the well.

(c) Human excreta. (1) No privy, cesspool, septic tank, subsurface leaching tile or receptacle of any kind for the storage, deposit or disposal of human excreta or sewage shall be constructed. placed, maintained or allowed to remain within 200 feet of any well.

(2) No human excreta or sewage shall be so stored, disposed of or discharged onto the surface of the ground so that the material will drain or be washed by rain or melting snow to points within 200 feet of any well.

(3) Whenever, in the opinion of the State Commissioner of Health, excremental matter from any aforesaid privy, receptacle, trench or place of disposal may be washed through the soil in an imperfectly purified condition into any well, the said privy, receptacle, trench or place of disposal shall be removed, after due notice to the owner thereof, to such places as shall be considered safe and proper by the State Commissioner of Health.

(d) Bath water, waste, refuse. No cesspool, pit or receptacle of any kind for the storage, deposit or disposal of bath water, sink or laundry wastes, garbage, refuse, manure or putrescible matter shall be constructed, placed, maintained or allowed to remain within 200 feet of any well.

(e) Animals. No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals shall be located within 200 feet of any well.

(f) Trespassing. No trespassing shall be allowed upon the property of the village of Wappingers Falls upon which the wells of the public water supply are located, and no person or persons shall enter in or upon such property except such person or persons as may be charged with the maintenance of the supply in the official performance of their duties or such other persons as may be authorized to enter said property by the said village.

(g) General clause. In addition to observing the foregoing requirements all persons shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply of the village of Wappingers Falls.

(h) Inspections. The village of Wappingers Falls, its officers 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 the aforesaid village to cause copies of any rules and regulations violated to be served upon the person 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 village of Wappingers Falls to promptly notify the State Commissioner of Health in writing annually, on the first day of January, the results of the regular 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.

(i) 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 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