TOWNS

Section 133.20 - Town of Newburgh

133.20 Town of Newburgh. (a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to Chadwick 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 Consolidated Water District of the Town of Newburgh, Orange County, New York, hereinafter referred to as consolidated water district and to all watercourses tributary thereto or ultimately discharging into said reservoir.

(b) Definitions. (1) Herbicide shall mean any substance used to destroy or inhibit plant growth.

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

(3) 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, etc.

(4) 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 precipitous bank forming the ordinary high-water line of a watercourse.

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

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

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

(8) Refuse disposal area shall mean land used for the depositing of refuse, except that it shall not include the land used for the deposition 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.

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

(10) Sewage shall mean the waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.

(11) Sewage disposal system shall mean a system used for disposing of sewage, industrial wastes or other wastes, and including sewers and treatment works.

(12) Toxic chemical shall mean any compound or substance which is or may be poisonous to humans.

(13) Treatment works shall mean any plant, disposal field, lagoon, pumping station, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary land fills, or other works not specifically mentioned herein, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage, industrial waste or other wastes.

(14) Watercourse shall mean every spring, stream, marsh or channel of any kind, the waters of which flow or may flow into the consolidated water district public water supply.

(15) Watershed shall mean the entire drainage area contributing water to the consolidated water district public water supply.

(16) Water supply shall mean the public water supply of the consolidated water district, Orange County, New York.

(c) Human excreta and sewage. (1) No human excreta shall be deposited or allowed to escape into any reservoir or watercourse on the watershed.

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

(3) No human excreta shall be buried in the soil on the watershed unless deposited in trenches or pits at a 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.

(4) No privy or receptacle of any kind for the deposit or storage of human excreta shall be constructed, placed, maintained or allowed to remain within 50 feet of any reservoir or watercourse except (i) watertight receptacles, (ii) water-flushed toilets connected by a watertight pipe to a sewage disposal system that has been approved by the State Commissioner of Health and (iii) a properly designed, constructed and operated treatment works that has been approved by the State Commissioner of Health.

(5) 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 200 feet of any reservoir or within 100 feet of any watercourse.

(6) Every watertight receptacle referred to in paragraph (4) above or paragraph (9) below shall be emptied when filled within six inches of the top of the receptacle. (7) 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 paragraph (3) above or at a properly designed, constructed and operated sewage disposal system that has been approved by the State Commissioner of Health.

(8) 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 approved by the State Commissioner of Health. The New York State Health Department "Standards for Waste Treatment Works", Bulletin 1, Parts I, II and III, and paragraph (5) above shall comprise the criteria to approve any proposed sewage disposal system.

(9) No sewage or polluted liquid of any kind shall be discharged or allowed to flow into any reservoir or watercourse nor on or beneath the surface of ground on the watershed (except into watertight receptacles or watertight pipes connected to a sewage disposal system approved by the State Commissioner of Health) within 200 feet of any reservoir or within 100 feet of any watercourse. These restrictions and limiting distances shall not apply to any sewage treatment works installed in accordance with plans which first have been submitted to and approved by the State Commissioner of Health.

(d) Refuse disposal area. No refuse disposal area shall be located within 250 feet of any reservoir or watercourse.

(e) Cemeteries. No interment of a human body shall be made within 250 feet of any reservoir or watercourse.

(f) Radioactive material. No radioactive material in excess of the quantity listed for said material in Table 4, Appendix 1, Part 16, Chapter I--Ionizing Radiation--Title 10 Health of the Official Compilation of Codes, Rules and Regulations of the State of New York shall be disposed of by burial in soil within 250 feet of any reservoir or watercourse.

(g) Junkyards. No junkyard shall be located within 250 feet of any reservoir or watercourse.

(h) Bathing and swimming. Bathing and swimming are prohibited in any reservoir or watercourse owned by the Town of Newburgh.

(i) Temporary shelters. 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 Town of Newburgh.

(j) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the Town of Newburgh within 500 feet of any water supply intake except by duly authorized employees of the Town of Newburgh in the performance of their duties of supervision and maintenance of the water supply. No boating utilizing internal combustion inboard or outboard motors shall be allowed in or upon any reservoir or watercourse owned by the Town of Newburgh except by duly authorized employees of the Town of Newburgh in the performance of their duties of supervision and maintenance of the water supply.

(k) Fishing and trespassing. No fishing or trespassing shall be allowed in or upon any reservoir or watercourse owned by the Town of Newburgh within 500 feet of any water supply intake except by duly authorized employees of the Town of Newburgh in the performance of their duties of supervision and maintenance of the water supply.

(1) Herbicides, pesticides and toxic chemicals. No herbicide, pesticide or toxic chemical shall be discharged, applied or allowed to enter into any reservoir or watercourse unless a permit to do so has been obtained from the State Commissioner of Health.

(m) Manure. No manure pile shall be maintained or allowed to remain within 200 feet of any reservoir or within 100 feet of any watercourse.

(n) General clause. In addition to observing the foregoing requirements, all persons living on or visiting the watershed shall refrain from any act, though not heretofore specified, which may result in the contamination of any portion of the water supply.

(o) Inspections. The Town Board of the Town of Newburgh, or any person or persons as may be charged with the maintenance or supervision of the water supply of the aforesaid consolidated water district shall make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid 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 the rules and regulations, it shall be the further duty of the aforesaid town board to promptly notify the State Commissioner of Health of such violations. The aforesaid town board 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. (p) Penalty. Penalties for violations shall be in accordance with section 1103 of the Public Health Law.
 

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Section 133.21 - Town of Crawford

133.21 Town of Crawford. (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 wells which comprise the source of the public water supply of the Town of Crawford. Said wells are located on land owned by the Town of Crawford on a parcel bearing Orange County Tax Map Identification No. 8-2-62, being on the southeast side of New York State Route 302 in the Town of Crawford and, on a parcel bearing Orange County Tax Map Identification No. 8-2-63.221, being on the south side of New York State Route 52, in the Town of Crawford.

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

(2) Chloride salt shall mean the solid compounds or solutions of potassium chloride (commonly used as fertilizer), calcium chloride (commonly used for winter road maintenance) or sodium chloride (commonly used for water-softener regeneration).

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

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

(5) Junkyard shall mean an area where two or more unregistered, old or secondhand motor vehicles are being accumulated for purposes of disposal, resale of used parts or reclaiming certain materials such as metal, glass, fabric, and/or the like.

(6) Linear distance shall mean the shortest horizontal distance from the nearest point of the structure or object to the extension of the centerline of the wells.

(7) Manure shall mean animal feces and urine.

(8) Nonagricultural-associated animal wastes shall mean manure obtained from nonagricultural industries.

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

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

(11) Radiation shall mean ionizing radiation, that is, any alpha particle, beta particle, gamma ray, X-ray, neutron, high-speed proton, and any other atomic particle producing ionization, but shall not mean any sound or radio wave, or visible, infrared or ultraviolet light.

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

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

(14) Refuse disposal area shall mean land used for the depositing of refuse except that it shall not include the land used for the depositing of refuse from a single family, a member of which is the owner, occupant or lessee of said land, or any part of a farm on which only agricultural-associated animal wastes resulting from the operation of such farm are deposited.

(15) Sewage shall mean any liquid or solid waste matter from a domestic, commercial, private or industrial establishment which is normally carried off in sewers or waste pipes.

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

(17) Toxic substance shall mean any toxic substance as so defined by subdivision 2 of section 4801 of the Public Health Law.

(18) Treatment works shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, construction drainage ditch or surface water intercepting ditch, incinerator area devoted to sanitary landfill, or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.

(19) Water supply shall mean the public water supply of the Town of Crawford.

(20) Wells shall mean wells now used as a source of water supply for the Town of Crawford or any additional wells which may be constructed at these points 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 pesticide or herbicide shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the wells unless 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 the 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 liquids 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 25-foot linear distance of the wells.

(5) Junkyards. No junkyard shall be located within a 250-foot linear distance of the wells.

(6) Radioactive material. No radioactive material shall be disposed of by burial in soil within 500-foot linear distance of the well and not within a 500-foot to a 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 provisions of Part 16 of this Title.

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

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

(9) Toxic substances. No container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 500-foot linear distance of the wells.

(10) Trespassing. No trespassing shall be allowed upon the property of the Town of Crawford upon which the wells are located and no person or persons shall enter in or upon such property except the person or persons authorized to enter said property by the Town of Crawford.

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

(e) Inspections. The Town Board of the Town of Crawford or any person or persons charged with the maintenance or supervision of the public water supply system shall make regular and thorough inspections of the area surrounding the wells to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid Town Board of the Town of Crawford to cause copies of any rules and regulations violated to be served upon the persons violating the same together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid Town Board to promptly notify the State Commissioner of Health of such violation. The aforesaid Town Board of the Town of Crawford 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 well(s) at the time of the last inspection.

(f) Penalties for violation. Penalties for violations of these rules and regulations shall be those specified by section 1103 of the Public Health Law.
 

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