VILLAGES

Section 123.1 - Villages of Avon and Geneseo and Lakeville Water District, Town of Livonia

Section 123.1 Villages of Avon and Geneseo and Lakeville Water District, Town of Livonia. (a) Application. The following rules and regulations enacted under the authority of article 11 of the Public Health Law, and of the whole thereof, as amended, shall apply to Conesus Lake and its tributaries which now serve or which may be developed in the future to serve as sources of the public water supply of the villages of Avon and Geneseo and the Lakeville Water District of the Town of Livonia, and to all watercourses tributary thereto or ultimately discharging into said reservoirs.

(b) Definitions. (1) The term water supply means the public water supply of the villages of Avon and Geneseo and the Lakeville Water District of the Town of Livonia.

(2) The term Conesus Lake means said body of water serving as a source of the water supply of the villages of Avon and Geneseo and Lakeville Water District of the Town of Livonia.

(3) The term lake means Conesus Lake.

(4) The term watercourse means every spring, pond (other than reservoirs), stream, marsh or channel of any kind, the waters of which flow or may flow into Conesus Lake or into this water supply.

(5) The term linear distance means the shortest horizontal distance. The linear distance between a structure or object and a reservoir, watercourse or Conesus Lake shall be measured 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 the watercourse or of Conesus Lake.

(6) The term human excreta means feces, urine and other excretions, commonly disposed of by the so-called dry system as typified by the ordinary privy, and shall include also sludge and scum from septic tanks and cesspools connected to disposal systems receiving the aforementioned feces, urine and other excretions.

(7) The term sewage means waste liquids containing human excreta, decomposing matter, or bath, kitchen or laundry waste water.

(c) Human excreta. (1) No human excreta shall be deposited, thrown or placed or allowed to escape into Conesus Lake 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 or sewage shall be buried in the soil on the watershed of the water supply, unless deposited in trenches or pits at a linear distance of not less than 500 feet from the high-water mark of Conesus Lake or any watercourse, and covered with not less than 24 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. The bottom of any trench or pit in which human excreta or sewage is deposited shall be not less than two feet above the high ground water table at the location of such trench or pit.

(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 a linear distance of 500 feet from the high-water mark of Conesus Lake or any watercourse except a properly constructed and operated sewage disposal plant, as hereinafter set forth in subdivision (d) of this section; provided, however, that the property on which the privy or receptacle is built or is to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of such property.

(5) Every privy or receptacle of any kind for the storage or deposit of human excreta built or to be built on property which is so located, bounded or otherwise placed that the linear distances named in paragraph (4) of this subdivision cannot be obtained, shall be placed as far as possible from any reservoir or watercourse and especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight containers are provided, they shall be located as far as practicable from any reservoir or watercourse. All privies or receptacles referred to in this paragraph shall be constructed or installed only with the approval and under the supervision of the boards of trustees of the villages of Avon and Geneseo and the town board of the town of Livonia, and in such manner as effectually to prevent any pollution of the public water supply.

(6) Every privy or receptacle for the storage or deposit of human excreta or sewage located less than a linear distance of 500 feet from Conesus Lake 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 to 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. (7) Whenever, in the opinion of the State Commissioner of Health, excremental matter from the 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 any reservoir or watercourse, the said privy, receptacle, trench or place of disposal shall be removed, after reasonable notice to the owner thereof, to such places as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage. No sewage shall be discharged or allowed to flow into the lake or any watercourse or any reservoir nor deposited on or beneath the surface of the ground within a linear distance of 500 feet of the high-water mark of Conesus Lake or any watercourse except into watertight receptacles, the contents of which shall be disposed of as provided for by paragraph (3) of subdivision (c). If such watertight receptacles are used, they shall not be located within a linear distance of 35 feet of the high-water mark provided, however, that the property on which the receptacle is built or to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of the property. In such case, the watertight receptacle shall be constructed and maintained as provided for in paragraph (5) of subdivision (c). These restrictions and limiting distances shall not apply to sewage treatment plants constructed and operated in accordance with plans which first have been submitted to and approved by the State Commissioner of Health and in accordance with such terms and conditions as may be specified by said commissioner.

(e) Bath water, wastes. No bath water, sink or laundry wastes or polluted liquid of any kind, except the effluent from a properly constructed and operated sewage treatment plant approved by the State Commissioner of Health as hereinbefore provided by subdivision (d), shall be discharged or allowed to flow into the lake or any watercourse nor be deposited on or beneath the surface of the ground within a linear distance of 500 feet of the high-water mark of the lake or any watercourse.

(f) Garbage, refuse. No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or fish or parts thereof, or any other matter that pollutes water shall be deposited in the lake or any watercourse nor on or beneath the surface of the ground within a linear distance of 500 feet of the high-water mark of the lake or any watercourse nor in such manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into the lake or any reservoir or watercourse.

(g) Bathing, swimming. No person or persons shall bathe or swim or be allowed to bathe or swim in Conesus Lake within a linear distance of 500 feet of the public water supply intakes of the villages of Avon or Geneseo or the Lakeville Water District.

(h) Animals. (1) No animal of any kind shall be washed or watered in the lake or any watercourse and no watering place shall be maintained in such a way as to pollute the lake or 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 located or maintained in such a manner that the drainage, leachings or washings therefrom may pollute the lake.

(i) Manure. No manure pile shall be maintained or allowed to remain within a linear distance of 500 feet of the high-water mark of Conesus Lake or 100 feet from any watercourse.

(j) Temporary shelters. (1) No camp, tent, building or other structure for the occupancy of transients or for the housing of laborers engaged in construction work or for other use, except as a private camp or dwelling maintained by a person for his use or for the use of his family and friends, shall be located, placed or maintained within a linear distance of 500 feet of the high-water mark of Conesus Lake or any watercourse.

(2) No hut, tent, shelter or building of any kind shall be permitted on the ice of Conesus Lake.

(k) Cemeteries. No interment of a human body shall be made within a linear distance of 500 feet of the high-water mark of Conesus Lake or any watercourse.

(l) Boats. Any boat equipped with toilets or receptacles for human excreta or sinks of any kind shall not be permitted upon the waters of Conesus Lake.

(m) General clause. In addition to observing the foregoing requirements all persons living on or visiting the watershed of Conesus Lake shall refrain from any act, whether or not specified in these rules and regulations, which may result in contamination of the water supply or any portion thereof.

(n) Inspection. The boards of trustees of the villages of Avon and Geneseo and the town board of the town of Livonia, or such other person or persons as may be charged with the operation, maintenance or supervision of the water supply or the duly appointed representative or representatives of the boards of trustees of the villages of Avon and Geneseo and the town board of the town of Livonia or of such other person or persons as may be charged with the operation, maintenance or supervision of the water supply, shall make regular and thorough inspections of the lake, watercourses and watersheds 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 boards of trustees and town board 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 rules and regulations it shall be the further duty of said boards of trustees and town board to promptly notify the State Commissioner of Health of such violations. The boards of trustees and town board 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. (o) Penalty. In accordance with section 1103 of chapter 45 of the Consolidated Laws of New York State (Public Health Law), being chapter 879 of the Laws of 1953, as amended, the penalties for violations of any of the foregoing rules or regulations are specified as follows:

(1) Any person violating a rule or regulation relating to a temporary source or act of contamination shall be liable to prosecution for misdemeanor for every such violation, and on conviction thereof shall be punished by a fine not exceeding $200, or imprisonment not exceeding one year, or both.

(2) For a violation of or noncompliance with a rule or regulation relating to a permanent source or act of contamination, the State Department of Health may impose penalties not exceeding $200 for every such violation or noncompliance.
 

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Section 123.2 - Village of Geneseo

123.2 Village of Geneseo. See section 123.1, supra
 

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Section 123.3 - Village of Livonia

123.3 Village of Livonia.

(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 309 of the Laws of 1926, shall apply to the storage reservoir on Marrowback Brook and to all watercourses and drainage areas tributary thereto or ultimately discharging into said reservoir, these bodies of water being sources of the public water supply of the village of Livonia, Livingston County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to the reservoir on Marrowback Brook or to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and filter basins), streams, ditch, gutter or other channel of every kind, the waters of which when running whether continuously or occasionally eventually flow or may flow into the public water supply of the village of Livonia.

(3) Wherever a linear distance of a structure or object from a reservoir or from a watercourse 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 high-water mark of such reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any lake, reservoir or watercourse. (1) No privy, privy vault, pit, cesspool or receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 100 feet of any reservoir or within 50 feet of any watercourse tributary to this public water supply.

(2) No privy, privy vault, pit, cesspool or other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or within 100 feet of any watercourse tributary to this public water supply.

(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 distances prescribed by paragraph (1) of this subdivision and the limiting distances prescribed by paragraph (2) of this subdivision, shall be arranged in such a manner that all excreta shall be received in suitable watertight receptacles and shall at all times be deposited as set forth in paragraphs (4) and (5) of this subdivision.

(4) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles thoroughly cleaned and disinfected as often as may be found necessary to maintain the privy in proper sanitary condition and to 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 transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, 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 specially ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid removable receptacles permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits at a depth of not less than 12 inches below the surface of the ground and in such manner as to effectually prevent them being washed over the surface of the ground by rain or melting snow and at a distance not less than 500 feet from any reservoir or watercourse tributary to this public water supply.

(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 condition, excremental matter from any privy or aforesaid receptacles or from any trench or place of disposal may, in the opinion of the State Commissioner of Health, be washed over the surface or through the soil in an imperfectly purified condition into any reservoir or watercourse tributary to this public water supply, then the said privy or receptacles for excreta or the 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, house slops, sink waste, etc. (1) No house slops, bath water, laundry or garage wastes, sewage or 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 either directly or indirectly into any reservoir or any watercourse tributary to this public water supply, nor shall any such matters be thrown, placed, led, discharged or allowed to escape or flow upon the surface of the ground or into the ground beneath the surface except into watertight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 300 feet of any reservoir or within 100 feet of any watercourse tributary to this public water supply.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any dairy, 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 directly or indirectly into any reservoir or watercourse tributary to this public water supply, nor shall any such liquid or solid matter be thrown or discharged upon the surface of the ground or into the ground below the surface except into watertight receptacles, the contents of which are to be removed as provided by paragraph (5) of subdivision (c), within 100 feet from any reservoir or within 75 feet from any watercourse tributary to this public water supply.

(3) No clothing, bedding, carpet, harness, vehicle, receptacle, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse tributary to this public water supply.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir or watercourse tributary thereof, nor shall any animal or poultry be allowed to stand, wallow, wade or swim in any reservoir nor be washed therein. No animals or poultry shall be watered in any reservoir or in any watercourse tributary to this water supply within 500 feet of said reservoirs. No watering place shall be maintained in such a way as to pollute with muddy leachings or excremental matters any streams tributary to this public water supply.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 100 feet from any reservoir or less than 75 feet from any watercourse tributary to this public water supply, and none of the above named objects or sources of pollution shall be so constructed, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any reservoir or watercourse 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 above 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 100 feet from any reservoir or less than 75 feet from any watercourse tributary to this public water supply.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into any lake or into any reservoir or watercourse nor to be placed, piled or spread upon the surface of the ground at any point on the watershed tributary to this public water supply, nor shall such human excreta or compost or other matter containing human excreta be buried in the soil at a depth less than 12 inches below the surface nor within a distance of 500 feet from any reservoir or watercourse tributary to this public water supply and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet from any reservoir or within a distance of 50 feet from any watercourse tributary to this public water supply.

(4) No decayed or fermented fruit or vegetables, cider mill wastes, roots, grain or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in such places that the drainage, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse 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 sufficient purification has been secured unless the above mentioned 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 75 feet before entering any reservoir or less than 30 feet before entering any watercourse tributary to this public water supply. (f) Dead animals, offal, manufacturing wastes, etc. No dead animals, birds, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse tributary to this public water supply, nor shall any such material or refuse be so placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or watercourse tributary to this public water supply.

(g) Fishing, boating and ice cutting. No boating of any kind or fishing from boats or through the ice and no ice cutting or trespassing whatever shall be allowed in or upon reservoirs tributary to this public water supply except by the duly authorized employees of the village of Livonia in the performance of their duties of supervision and maintenance of the public water supply. Notices relative to the foregoing restriction shall be conspicuously posted by the village of Livonia.

(h) Camps. No temporary camp, tent, building or other structure for housing laborers engaged in construction work or for other purposes shall be located, placed or maintained within a distance of 500 feet from any reservoir or watercourse tributary to this public water supply.

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

(j) Inspections. The board of water commissioners of the village of Livonia or any such board as may be charged with the maintenance or supervision of the public water supply of the village of Livonia or its duly appointed representative shall make regular and thorough inspections of all reservoirs, streams 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 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 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 condition of the watershed at the time of the last inspection.

(k) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), 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 123.4 - Village of Nunda

123.4 Village of Nunda. (a) Application. The rules and regulations set forth in this section, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to the impounding reservoir and all watercourses tributary thereto or which may ultimately discharge into said impounding reservoir or which may be developed in the future to serve as sources of the water supply to the Village of Nunda, Livingston County.

(b) Definitions. (1) Chloride salt shall mean the solid compounds or the 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).

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

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

(4) 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.

(5) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the high-water mark of a reservoir, or to the edge, margin or steep bank forming the ordinary high-water line of a watercourse.

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

(7) 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 and industrial, municipal or agricultural waste discharged into water.

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

(9) 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.

(10) 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 animal wastes resulting from the operation of such farm are deposited.

(11) Reservoir shall mean any natural or artificial lake or pond which is tributary to or serves as a source of the village of Nunda public water supply.

(12) 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.

(13) Sewage disposal system shall mean any system used for disposing of sewage.

(14) Toxic chemical shall mean any compound or substance, including but not limited to gasoline, kerosene, fuel oil or diesel oil, which is or may be harmful or poisonous to humans.

(15) 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 landfill, or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.

(16) Water supply shall mean the public water supply of the Village of Nunda.

(17) Watercourse shall mean every spring, stream, marsh or channel of water of any kind which flows or may flow into the Village of Nunda water supply.

(18) Watershed shall mean the entire drainage area contributing water to the Village of Nunda 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 any reservoir or watercourse.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of any reservoir or watercourse, except in weatherproof buildings or watertight vessels.

(3) Herbicides and pesticides. No herbicides or pesticides shall be stored, discharged, applied or allowed to enter into any reservoir or watercourse, unless a permit to do so has been obtained from the appropriate State agency having jurisdiction. (4) Human excreta and sewage. (i) No human excreta or sewage shall be deposited or allowed to escape into any reservoir or watercourse on the watershed.

(ii) No human excreta or sewage shall be deposited or spread upon the surface of the ground at any point on the watershed.

(iii) No human excreta or sewage shall be buried in the soil on the watershed, unless deposited in trenches or pits at a linear distance of not less than 300 feet from any reservoir or watercourse and covered with not less than 18 inches of soil in such a manner as to effectually prevent its being washed into any reservoir or watercourse by rain or melting snow.

(iv) No privy receptacle or facilities of any kind for the deposit, movement, treatment or storage of human excreta or sewage shall be constructed, placed, maintained or allowed to remain within a 500-foot linear distance of any reservoir or watercourse, except:

(a) watertight receptacles;

(b) water-flushed toilets connected by a watertight pipe to a sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such facilities; and

(c) a properly designed, constructed and operated treatment works that has been approved by the appropriate State agency having jurisdiction over such facility.

(v) No portion of the seepage unit (tile field, seepage pit or equivalent) of a subsurface sewage disposal system shall be constructed, placed or allowed to remain within a 500-foot linear distance of any reservoir or watercourse.

(vi) Every watertight receptacle used for containing human excreta or sewage shall be emptied when the receptacle is filled to within six inches of the top.

(vii) In emptying a watertight receptacle, or in transferring its contents to a transportable receptacle, all necessary care shall be exercised to prevent contamination of any reservoir or watercourse. All such transportable receptacles shall be provided with tightly fitting covers which are securely fastened when transporting wastes to the places of ultimate disposal. The contents of the watertight receptacles shall be disposed of in accordance with subparagraph (iii) of this paragraph, or at a properly designed, constructed and operated sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such facility.

(viii) Before any existing sewage disposal system is altered or any new sewage disposal system is constructed on the watershed, the plans in relation thereto shall have been first approved by the appropriate State or county agency and the village board having jurisdiction over such facility. Standards for waste treatment works as published from time to time by the appropriate State or county agency having jurisdiction over such facility, and subparagraph (v) of this paragraph, shall comprise the criteria to approve any proposed sewage disposal system.

(5) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 5,000-foot linear distance of any reservoir or watercourse, and not within a 10,000-foot linear distance of any reservoir or watercourse unless authorization has been obtained from the appropriate State or county agency and the village board and such burial is in accordance with the provisions of Part 16 of this Title.

(6) Recreation. (i) Bathing and swimming. No bathing and swimming shall be allowed in any reservoir or watercourse owned by the Village of Nunda.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the Village of Nunda, except by duly authorized employees of the community in the performance of their duties of supervision and maintenance of the water supply.

(iii) Fishing and trespassing. No fishing or trespassing shall be allowed in or upon any reservoir or watercourse owned by the Village of Nunda within a 1,000-foot linear distance of the water supply intakes, except by duly authorized employees of the Village of Nunda in the performance of their duties of supervision and maintenance of the water supply.

(7) Solid waste. (i) Junkyards. No junkyards shall be located within a 2,500 foot linear distance of any reservoir or watercourse.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of ground within a 2,500-foot linear distance of any reservoir or watercourse.

(iii) Refuse disposal area. No refuse disposal area shall be located within a 5,000-foot linear distance of any reservoir or watercourse.

(8) Toxic chemicals. No container used for the storage of toxic chemicals shall be buried beneath the surface of the ground within a 5,000-foot linear distance of any reservoir or watercourse. (9) Miscellaneous. (i) Structures. No hut, tent, shelter or building of any kind, except a waterworks structure, shall be permitted on the water or ice of any reservoir or watercourse owned by the Village of Nunda.

(ii) Other wastes. No pollutant of any kind shall be discharged or allowed to flow into any reservoir or watercourse or on or beneath the surface of the ground on the watershed within 500 feet of any reservoir or watercourse. This restriction shall not apply to the effluent from a treatment works installed in accordance with plans which first have been submitted to and approved by the appropriate State or county agency and the village board having jurisdiction over such facilities.

(e) Inspections. The board of trustees of the Village of Nunda, or any person or persons charged with the maintenance or supervision of the public water supply system shall, by its officers or their duly appointed representative, make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain whether the rules and regulations set forth in this section are being complied with. It shall be the duty of the aforesaid 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 aforesaid board of trustees to promptly notify the State Commissioner of Health of such violations. The aforesaid board of trustees 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 watershed 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 123.5 - Village of Dansville (surface supply)

123.5 Village of Dansville (surface supply). (a) Application. The rules and regulations set forth in this section, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to Mill Creek and all watercourses tributary thereto or which may ultimately discharge into said Mill Creek or the surface sources which may be developed in the future to serve as sources of the water supply to the Village of Dansville, Livingston County.

(b) Definitions. (1) Chloride salt shall mean the solid compounds or the 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).

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

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

(4) 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.

(5) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the high-water mark of a reservoir, or to the edge, margin or steep bank forming the ordinary high-water line of a watercourse.

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

(7) 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 and industrial, municipal or agricultural waste discharged into water.

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

(9) 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.

(10) 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 animal wastes resulting from the operation of such farm are deposited.

(11) Reservoir shall mean any natural or artificial lake or pond which is tributary to or serves as a source of the public water supply of the Village of Dansville.

(12) 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.

(13) Sewage disposal system shall mean any system used for disposing of sewage.

(14) Toxic chemical shall mean any compound or substance, including but not limited to gasoline, kerosene, fuel oil or diesel oil, which is or may be harmful or poisonous to humans.

(15) 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.

(16) Water supply shall mean the public water supply of the Village of Dansville.

(17) Watercourse shall mean every spring, stream, marsh or channel of water of any kind which flows or may flow into the Village of Dansville water supply.

(18) Watershed shall mean the entire drainage area contributing water to the Village of Dansville water supply.

(c) General prohibitions. No person, including State agencies or political subdivisions having jurisdiction, shall perform any act or grant any permit or approval which may result in the contravention of the standards for raw water quality as contained in Part 170 of this Title.

(d) Specific prohibitions. (1) Cemeteries. No interment of a human body shall be made within a 250-foot linear distance of any reservoir or watercourse.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of any reservoir or watercourse, except in weatherproof buildings or watertight vessels.

(3) Herbicides and pesticides. No herbicides or pesticides shall be stored, discharged, applied or allowed to enter into any reservoir or watercourse unless a permit to do so has been obtained from the appropriate State agency having jurisdiction. (4) Human excreta and sewage. (i) No human excreta or sewage shall be deposited or allowed to escape into any reservoir or watercourse on the watershed.

(ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground at any point on the watershed.

(iii) No human excreta or sewage shall be buried in the soil on the watershed, unless deposited in trenches or pits at a linear distance of not less than 250 feet from any reservoir or watercourse, and covered with not less than one foot of soil in such a manner as to effectually prevent its being washed into any reservoir or watercourse by rain or melting snow.

(iv) No privy receptacle or facilities of any kind for the deposit, movement, treatment or storage of human excreta or sewage shall be constructed, placed, maintained or allowed to remain within a 50-foot linear distance of any reservoir or watercourse except:

(a) watertight receptacles;

(b) water-flushed toilets connected by a watertight pipe to a sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such facilities; and

(c) a properly designed, constructed and operated treatment works that has been approved by the appropriate State agency having jurisdiction over such facility.

(v) No portion of the seepage unit (tile field, seepage pit or equivalent) of a subsurface sewage disposal system shall be constructed, placed or allowed to remain within a 50-loot linear distance of any reservoir or watercourse.

(vi) Every watertight receptacle used for containing human excreta or sewage shall be emptied when the receptacle is filled to within six inches of the top.

(vii) In emptying a watertight receptacle, or in transferring its contents to a transportable receptacle, all necessary care shall be exercised to prevent contamination of any reservoir or watercourse. All such transportable receptacles shall be provided with tightly fitting covers which are securely fastened when transporting wastes to the place of ultimate disposal. The contents of the watertight receptacles shall be disposed of in accordance with subparagraph (iii) of this paragraph, or at a properly designed, constructed and operated sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such facility.

(viii) Before any existing sewage disposal system is altered or any new sewage disposal system is constructed on the watershed, the plans in relation thereto shall have been first approved by the appropriate State agency having jurisdiction over such facility. Standards for waste treatment works as published from time to time by the appropriate State agency having jurisdiction over such facility, and subparagraph (v) of this paragraph shall comprise the criteria to approve any proposed sewage disposal system.

(5) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of any reservoir or watercourse, and not within a 1,000-foot linear distance of any reservoir or watercourse unless authorization has been obtained from the appropriate State agency and such burial is in accordance with the provisions of Part 16 of this Title.

(6) Recreation. (i) Bathing and swimming. No bathing and swimming shall be allowed in any reservoir or watercourse owned by the Village of Dansville.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the Village of Dansville except by duly authorized employees of the community in the performance of their duties of supervision and maintenance of the water supply.

(iii) Fishing and trespassing. No fishing, hunting or trapping shall be allowed on the watershed, except pursuant to a valid permit issued by the Water Department of the Village of Dansville. In exchange for the privilege of trapping, hunting and/or fishing on the land and at the storage dam only, situated in Steuben County, owned by the Water Department of the Village of Dansville, Livingston County, New York, the permit holder shall agree to the following rules governing this privilege:

(a) there shall be no littering;

(b) there shall be no fires;

(c) there shall be no boats or floats of any kind, whereby a person can venture beyond the shoreline;

(d) there shall be no fishing through ice, or venturing onto the ice for any purpose;

(e) a new permit must be obtained annually;

(f) each permit is issued for one person only and may not be transferred to any other person, unless his or her signature and license number are listed on this permit and recorded in the office of the Water Department of the Village of Dansville; (g) there shall be no camping or staying overnight on these lands; and

(h) any holder of a permit may ask anyone found on these lands to show their permit and any person having a permit must show same to any permit holder requesting to see it. Any permit holder that breaks any of the rules governing these lands shall have his or her permit revoked and be deemed a trespasser subject to fine.

(7) Solid waste. (i) Junkyards. No junkyards shall be located within a 250-foot linear distance of any reservoir or watercourse.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of ground within a 250-foot linear distance of any reservoir or watercourse.

(iii) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of any reservoir or watercourse.

(8) Toxic chemicals. No container used for the storage of toxic chemicals shall be buried beneath the surface of the ground within a 500-foot linear distance of any reservoir or watercourse.

(9) Miscellaneous. (i) Structures. No hut, tent, shelter or building of any kind, except a waterworks structure, shall be permitted on the water or ice of any reservoir or watercourse owned by the Village of Dansville.

(ii) Other wastes. No pollutant of any kind shall be discharged or allowed to flow into any reservoir or watercourse or on or beneath the surface of the ground on the watershed within 500 feet of any reservoir or watercourse. This restriction shall not apply to the effluent from a treatment works installed in accordance with plans which first have been submitted to and approved by the appropriate State agency having jurisdiction over such facilities.

(e) Inspections. The Village of Dansville Board of Trustees or any person or persons charged with the maintenance or supervision of the public water supply system shall, by its officers or their duly appointed representative, make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain whether the rules and regulations set forth in this Part are being complied with. It shall be the duty of the aforesaid 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 aforesaid board of trustees to promptly notify the State Commissioner of Health of such violations. The aforesaid board of trustees 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 watershed 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 123.6 - Village of Dansville (well supply)

123.6 Village of Dansville (well supply). (a) Application. The rules and regulations set forth in this section, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to wells which comprise the source of the public water supply of the Village of Dansville. Said wells are located on land owned by the Village of Dansville and are situated approximately 264 feet north of the hamlet of Perkinsville, New York on Steuben County Road 91, in the Town of Wayland, New York, bounded by Perkinsville Rod and Gun Club to the east, County Road 91 to the west, Wayland to the north and south.

(b) Definitions. (1) Chloride salt shall mean the solid compounds or the 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).

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

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

(4) 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.

(5) 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.

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

(7) 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 and industrial, municipal and agricultural waste.

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

(9) 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.

(10) 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 animal wastes resulting from the operation of such farm are deposited.

(11) 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.

(12) Sewage disposal system shall mean any system used for disposing of sewage.

(13) Toxic chemical shall mean any compound or substance, including but not limited to gasoline, kerosene, fuel oil or diesel oil, which is or may be harmful or poisonous to humans.

(14) 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.

(15) Water supply shall mean the public water supply of the Village of Dansville.

(16) Wells shall mean wells now used as a source of this water supply or any additional wells 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 standards for raw water quality as contained in Part 170 of this Title.

(d) Specific prohibitions. (1) Cemeteries. No interment of a human body shall be made within a 250-foot linear distance of the 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.

(3) 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, unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(4) Human excreta and sewage. (i) No privy, privy vault, pit or other receptacle of any kind for either temporary storage or the permanent deposit of human excreta or sewage shall be constructed, located, placed, maintained or allowed to remain within a 250-foot linear distance of the wells. (ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 250-foot linear distance of the 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 250-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) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the wells, and not within a 500-foot to 1,000-foot linear distance of the wells unless authorization has been obtained from the appropriate State agency and such burial is in accordance with the provisions of Part 16 of this Title.

(6) Solid waste. (i) Junkyards. No junkyard shall be located within a 250-foot linear distance of the wells.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of ground within a 250-foot linear distance of the wells.

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

(7) Toxic chemicals. No container used for the storage of gasoline, kerosene, fuel oil, diesel oil or toxic chemicals shall be buried beneath the surface of the ground within a 500-foot linear distance of the wells.

(8) Trespassing. No trespassing shall be allowed upon the village well site property located in the Town of Wayland and no person or persons shall enter in or upon such property, except the person or persons duly authorized to enter said property by the Village of Dansville.

(e) Inspections. The Village of Dansville Board of Trustees or any person or persons charged with the maintenance or supervision of the public water supply system shall, by its officers or their duly appointed representative, make regular and thorough inspections of the area surrounding the wells to ascertain whether the rules and regulations set forth in this section are being complied with. It shall be the duty of the aforesaid 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 said violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid board of trustees to promptly notify the State Commissioner of Health of such violations. The aforesaid board of trustees 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.

(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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