VILLAGES

Section 136.2 - Village of Cherry Valley

VILLAGES

(Statutory authority: L. 1593, ch. 661, art. 5)

136.2 Village of Cherry Valley. (a) Privies adjacent to reservoirs, springs or watercourses. (1) No privy or place for the deposit or storage of human excreta shall be constructed, located or maintained within 50 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse of any kind, the water of which, when running, flows eventually into a reservoir of the Cherry Valley public water supply.

(2) No privy vault, pit or cesspool or nontransportable receptacle of any kind for the reception of storage of human excreta shall be constructed, located or maintained within 250 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir or within 130 feet, horizontal measurement, of the high-water mark or precipitous bank of any spring, stream, ditch or watercourse as aforesaid.

(3) Every privy or place for the deposit of human excreta which is constructed, located or maintained between the aforesaid limits of 50 to 250 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir or 50 to 130 feet, horizontal measurement, of the high-water mark or precipitous bank of any spring, stream, ditch or watercourse as aforesaid and from which the said excrement is not at once removed automatically by means of suitable watertight pipes or conduits to some proper place of disposal beyond the maximum aforesaid limit shall be arranged in such manner that all said excreta shall be received and temporarily retained in suitable vessels or receptacles, which shall at all times be maintained in an absolutely watertight condition, and which will admit of convenient removal to some place of ultimate disposal beyond the said maximum limits.

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

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

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

(b) House slops, sink wastes, laundry water and other similar sewage. (1) No sewage, house slops, sink wastes, water in which milk cans, clothes or bedding have been washed or rinsed nor any other polluted water or liquid shall be thrown or discharged directly into a reservoir or into any spring, stream, ditch or course aforesaid, nor shall any such aforesaid liquid or solid matter or other polluted liquid be thrown or discharged upon the surface of the ground or into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse within 50 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

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

(3) No garbage or other putrescible refuse of any kind shall be thrown or discharged directly into any reservoir, spring, stream, ditch or watercourse aforesaid, nor shall any such substances be placed upon or below the surface of the ground where they may be washed into any reservoir, spring, stream, ditch or watercourse aforesaid within 50 feet of the high-water mark or precipitous bank thereof.

(c) Manures, compost and similar matter. (1) No stable, pigsty, henhouse, barnyard, hog or duck yard, hitching or standing place for horses or cattle or other place where animal manure accumulates and compost or manure heap shall be located or maintained within 100 feet of nor shall they or any watering place for horses, cattle or other animals be so arranged that the polluted drainings therefrom shall flow into or through open or covered drains within 50 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid. (2) No human excreta or compost containing human excreta shall be spread upon the ground within 250 feet of the high-water mark or precipitous bank of a reservoir or within 130 feet of the high-water mark or precipitous bank of any spring, stream, ditch or watercourse aforesaid, and no manures or composts of any kind shall be deposited so as to be washed a less distance than 50 feet over the surface or through the subsoil into any reservoir, spring, stream, ditch or watercourse aforesaid without having undergone proper purification.

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

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

(f) Management of the reservoirs. (1) The reservoirs of the Cherry Valley public water supply shall not be unnecessarily drawn down during the warm months, but shall be kept as deep and as nearly at a uniform level as possible to prevent the pollution of the water with dead organic matter.

(2) No filter or screen shall be used when in a filthy condition and liable to pollute the water in the mains; and no filter or screen shall be used at the head of the main which can not be constantly examined and cleaned.

(g) Penalty. In accordance with section 70 of chapter 661 of the Laws of 1893, a penalty of $50 is hereby imposed upon any corporation, person or persons guilty of a violation of or noncompliance with any of the above mandatory rules and regulations, to be recovered under the said act.
 

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Section 136.3 - Village of Cooperstown

136.3 Village of Cooperstown. (a) Application. The rules and regulations set forth in this section, duly made and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to Otsego Lake and all watercourses tributary thereto or which may be developed in the future to serve as sources of the water supply of the Village of Cooperstown in the Towns of Otsego, Middlefield and Springfield. The aforesaid described watershed shall exclude any areas not within Otsego County and, in addition, shall also exclude Allen Lake and its tributary watercourses.

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

(2) Agricultural-associated animal waste area shall mean land used for the deposition of agricultural-associated animal waste on the surface of the ground for fertilization purposes.

(3) Agricultural-associated animal waste storage area shall mean land used for the temporary or permanent deposition of agricultural-associated animal waste where said deposition is not directly for the purpose of fertilization.

(4) 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).

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

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

(7) Junkyard shall mean an area where two or more unregistered old or second-hand 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.

(8) Lake shall mean Otsego Lake.

(9) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the optimum high-water mark of Otsego Lake, defined as 1,194 feet, 11 inches above sea level; or to the edge, margin or steep bank forming the ordinary high-water line of a watercourse.

(10) Manure shall mean animal feces and urine.

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

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

(13) 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.

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

(15) Receptacle shall mean a septic tank, privy, pit, cesspool, leaching cesspool, filter bed, or other container used for the storage or processing of sewage or waste matter.

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

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

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

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

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

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

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

(23) Watershed shall mean the entire drainage area contributing water to the Village of Cooperstown water supply located within the County of Otsego and the Towns of Otsego, Middlefield and Springfield, but excluding Allen Lake and its tributary watercourses.

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

(d) Specific prohibitions. (1) Agricultural-associated animal waste storage areas. No agricultural-associated animal waste storage area shall be located within a 250-foot linear distance of the lake or its tributary watercourses. Beyond that distance such area shall be maintained in such manner that surface runoff, to the best of the agriculturist's ability, will not carry animal waste directly into the lake or its watercourses.

(2) Bathing and swimming. Use of soap or detergents while bathing or swimming is prohibited in the lake or any watercourse on the watershed.

(3) Cemeteries. No interment of a human body shall be made within a 50-foot linear distance of the lake or its watercourses. Any interment made beyond 50 feet but within a 250-foot linear distance of Otsego Lake or its watercourses shall be in a hermetically sealed vault.

(4) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the lake or its watercourses, except in weatherproof buildings or watertight vessels.

(5) Herbicides and pesticides. No herbicides or pesticides shall be stored, discharged, applied or allowed to enter into the lake or its watercourses, unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(6) Human excreta and sewage. (i) No human excreta or sewage shall be deposited or allowed to escape into Otsego Lake or any of its watercourses on the watershed.

(ii) No human excreta or sewage shall be deposited or spread upon the surface of the ground at any point, unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

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

(iv) No untreated sewage, nor any industrial waste, shall be discharged or allowed to flow into the lake or any watercourse, nor deposited on or beneath the surface of the ground within 100 feet of the lake or any watercourse, except into watertight receptacles.

(v) No privy receptacle or facilities of any kind for the deposit, movement, treatment or storage of human excreta or sewage shall be constructed or placed within a 100-foot linear distance of the lake or any tributary 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; unless written permission has first been granted by the authorized representative of the officers or boards having the management and control of the watershed. Prerequisites for such permission shall be rough plans and specifications for the structure or installation and a soil percolation test taken on the site of the installation or leaching area. The provisions and restrictions of this rule shall not apply to any property or installation subject to more stringent or restrictive laws or regulations of the State Department of Health or other State agency.

(vi) No portion of the seepage unit (tile field, seepage pit or equivalent) of a subsurface sewage disposal system on a newly developed property shall be constructed, placed or rebuilt within a 100-foot linear distance of the lake or its watercourses.

(vii) 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.

(viii) In emptying a watertight receptacle or in transferring its contents to a transportable receptacle, all necessary care shall be exercised to prevent contamination of the lake or watercourse. All such transportable receptacles shall be provided with drip-proof connections and tight-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. (ix) 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 Board of Water Commissioners of the Village of Cooperstown. Standards for waste treatment works as published from time to time by the New York State Department of Health shall comprise the criteria to approve any proposed sewage disposal system. For existing systems that cannot meet these standards due to lot restrictions, the guidelines shall be as outlined by the Board of Water Commissioners.

(x) Whenever, in the opinion of the Board of Water Commissioners of the Village of Cooperstown or its agent, excremental matter from a 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 lake or any tributary watercourse, the said privy, receptacle, trench or place of disposal shall be removed, after due notice to the owner thereof, or reconstructed in accordance with subparagraph (ix) of this paragraph.

(7) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the lake or any watercourse, and not within a 1,000-foot linear distance of the lake or any 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.

(8) Solid waste. (i) Junkyards. No junkyards shall be permitted within a 250-foot linear distance of the lake or tributary watercourse.

(ii) Refuse. No refuse shall be deposited in the lake or any watercourse, nor on or beneath the surface of the ground within 250 feet of the lake or any watercourse, nor in such manner that it can be washed by rain or melting snow or otherwise over the surface or through the ground into the lake or the watercourse.

(iii) Refuse disposal area. No new refuse disposal areas shall be located within a 500-foot linear distance of the lake or tributary watercourse. All refuse disposal areas on the watershed shall comply with the regulations governing their operation as outlined by 6 NYCRR Part 360.

(iv) Refuse from boats. No excreta, garbage, slops, nor decomposable matter of any kind, nor any bottles or metal cans of any kind, shall be thrown, discharged or allowed to escape or pass into the lake from any power boat, steamer, launch, yacht, sailboat, houseboat, rowboat, canoe or raft. Any boat of any type or description having water closets, permanent or temporary toilet accommodations, or galley facilities, shall be provided with removable watertight receptacles, which shall be regularly emptied under the same restrictions as set forth in subparagraphs (6)(iii) and (viii) of this subdivision.

(9) Structures. No shanty, hut, tent, shelter or building of any kind, except a waterworks structure, shall be permitted on the water or ice of the lake or any watercourse in the watershed, except with the name, address and telephone number of the owner posted. Such buildings shall be removed by the date fixed by the Board of Water Commissioners of the Village of Cooperstown. No structure will be permitted within 200 feet, horizontally, of the Village of Cooperstown water intake.

(10) 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 lake or watercourse.

(e) Exclusions. These rules and regulations shall not apply to any disposal facility whose operation is governed by a permit issued by the Department of Environmental Conservation or the State Department of Health.

(f) Inspections. (1) The Board of Water Commissioners of the Village of Cooperstown, 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 Otsego Lake watercourses and watershed to ascertain whether these rules and regulations are being complied with.

(2) It shall be the duty of the aforesaid Board of Water Commissioners of the Village of Cooperstown 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 comply within a reasonable time with the rules and regulations, it shall be the further duty of the aforesaid Board of Water Commissioners of the Village of Cooperstown to promptly notify the State Commissioner of Health of such violations.

(3) The aforesaid Board of Water Commissioners of the Village of Cooperstown shall report to the State Commissioner of Health in writing annually, prior to the 30th 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. (g) Penalties for violations. Penalties for violations of these rules and regulations shall be those specified by section 1103 of the Public Health Law.
 

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Section 136.4 - Village of Gilbertsville

136.4 Village of Gilbertsville. (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 heretofore set forth, shall apply to all natural and artificial reservoirs on Dunderberg Creek and all watercourses tributary thereto or ultimately discharging into said reservoirs, these bodies of water being sources of the public water supply of the Village of Gilbertsville, Otsego County, New York.

(b) Definitions. (1) The term reservoir, wherever used in this section, is intended to mean and refer to all storage and impounding reservoirs on Dunderberg Creek which are tributary to or which serve as sources of this public water supply, 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), stream, ditch, gutter or other channel of any kind, the waters of which, when running continuously or occasionally, eventually flow or may flow into the public water supply of the Village of Gilbertsville.

(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 a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit, cesspool or any other 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 50 feet of any reservoir or watercourse tributary to the public water supply of the Village of Gilbertsville.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 200 feet of any reservoir or watercourse tributary to the public water supply of the Village of Gilbertsville.

(3) No cesspool, pit or other receptacle of any kind used for the temporary storage of human excreta or sewage shall be constructed, located, maintained or allowed to remain between the limiting distances prescribed by paragraph (1) of this subdivision and the limiting distances prescribed by paragraph (2) of this subdivision, unless said cesspool, pit or other receptacle is so arranged and equipped that the said excreta or sewage are at once removed, by pump or other satisfactory means, through watertight pipes or conduits, to some proper place of ultimate disposal, as hereinafter provided, or unless suitable vessels or receptacles for the temporary storage of said human excreta or sewage are provided and at all times maintained in an absolutely watertight condition and in such manner as to permit of convenient removal of said excreta or sewage to some place of ultimate disposal as hereinafter set forth.

(4) The excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision shall be removed and the receptacles thoroughly cleaned and deodorized 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 Department of Health, the excreta collected in the aforesaid temporary 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 18 inches below the surface and at a distance not less then 500 feet from any reservoir or watercourse tributary to the public water supply of the Village of Gilbertsville.

(6) Whenever, owing to the character of the soil or of the surface of the ground, or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacles or from any trench or place of disposal, or the garbage or wastes from any dump, may be washed over the surface or through the soil in an imperfectly purified condition into any reservoir or watercourse, then the said privy or receptacle for excreta or the trench or place of disposal or the said garbage or waste dump 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 wastes, etc. (1) No house slops, bath water, sewage or other excretal 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 the public water supply of the Village of Gilbertsville, nor shall any such matters be thrown, placed, led, discharged or allowed to escape beneath the surface except into watertight receptacles, the contents of which are to be removed as provided by paragraph (c)(4) of this section, within 200 feet of any reservoir or watercourse tributary to the public water supply of the Village of Gilbertsville.

(2) No garbage, putrescible matter, kitchen or sink waste, refuse or waste water from any creamery, cheese factory, laundry, 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, nor shall any such liquid or solid refuse or waste be thrown, discharged or allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse within a distance of 100 feet from any reservoir or watercourse tributary to the public water supply of the Village of Gilbertsville.

(3) No clothing, bedding, carpets, harnesses, vehicles, receptacles, utensils, nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir or watercourse, nor shall any animals or poultry be allowed to stand, wallow, wade or swim in any reservoir or watercourse nor be washed therein within 1,000 feet of the intake. The watering of animals or poultry in any reservoir of the public water supply of the Village of Gilbertsville is prohibited, nor shall any such watering be allowed in any watercourse tributary to this water supply within 1,000 feet of said reservoir. No watering place shall be maintained in such a way as to pollute with muddy leachings or excretal matters any streams tributary to the public water supply of the Village of Gilbertsville.

(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 50 feet from any reservoir or watercourse tributary to the public water supply of the Village of Gilbertsville, 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 such 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 the 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 50 feet from any reservoir or watercourse tributary to the public water supply of the Village of Gilbertsville.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape 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 the public water supply of the Village of Gilbertsville, nor shall such human excreta or compost or other matter containing human excreta be dug or buried in the soil at a less depth than 18 inches below the surface nor within a distance of 500 feet from any reservoir or watercourse tributary to the public water supply of the Village of Gilbertsville and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 50 feet from any reservoir or watercourse tributary to the public water supply of the Village of Gilbertsville.

(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 watercourse tributary to the public water supply of the Village of Gilbertsville. (f) Dead animals, offal, manufacturing wastes, etc. No dead animals, bird, 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, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach 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 150 feet from any reservoir or watercourse tributary to the public water supply of the Village of Gilbertsville.

(g) Fishing, boating, ice cutting and trespassing on reservoirs. No skating, no ice cutting, no boating of any kind, no fishing from boats or from shore or through the ice nor any trespassing whatever shall be allowed in or upon the waters or ice of the reservoirs.

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

(i) Cemeteries. No interment of a human body shall be made within a distance of 300 feet from any reservoir or from any watercourse tributary to the public water supply of the Village of Gilbertsville.

(j) Inspections. The board of trustees of the Village of Gilbertsville shall make regular and thorough inspections of the 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 trustees 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 trustees to promptly notify the State Commissioner of Health of such violations. The board of trustees shall report in writing annually, on the first of January, the results of the regular inspection 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 136.5 - Village of Milford

136.5 Village of Milford. (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 Goey's Pond and all watercourses tributary thereto or which may ultimately discharge into said Goey's Pond or which may be developed in the future to serve as sources of the water supply to the Village of Milford.

(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 second-hand 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 and 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 cleaning, 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 water supply for the Village of Milford.

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

(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 Milford.

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

(18) Watershed shall mean the entire drainage area contributing water to the Village of Milford 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 weather-proof 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 250 feet from any reservoir or watercourse and covered with not less than one foot of soil in such 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 250-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 disposal system shall be constructed, placed or allowed to remain within a 50-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 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 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 Milford.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the Village of Milford 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 Milford within a 500-foot linear distance of the water supply intakes except by duly authorized employees of the Village of Milford in the performance of their duties of supervision and maintenance of the water supply.

(7) Solid waste. (i) Junkyards. No junkyard 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 the 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 substance. No container used for storage of toxic substances shall be buried beneath the surface of the ground within a 500-foot linear distance of any reservoir or watercourse.

(9) Miscellaneous. (i) Structure. 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 Milford.

(ii) Other wastes. No pollutant of any kind shall be discharged or allowed to flow into any reservoir or watercourse 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 board of trustees of the Village of Milford 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 or 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 136.6 - Village of Unadilla

136.6 Village of Unadilla. (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 springs and such springs as may be developed in the future on the property of the Village of Unadilla, Otsego County, New York, such springs being the sources of public water supply of said village.

(b) Definitions. (1) The term water supply means the public water supply of the Village of Unadilla, Otsego County, New York.

(2) The term springs means the springs now used as sources of this public water supply or any springs developed in the future as additional sources of this public water supply, which are located on said property now owned by said village.

(3) The linear distance of a structure or object from a spring is the shortest horizontal distance from the nearest point of the structure or object to the spring.

(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 spring.

(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 spring.

(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 spring, 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) Sewage, sink wastes. 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 spring.

(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 spring.

(f) Manure. No manure or manure pile shall be maintained or allowed to remain within 200 feet of any spring.

(g) Trespassing. No trespassing shall be allowed upon the property of the Village of Unadilla upon which the springs of the public water supply are located, and no person 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.

(h) 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 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 200 feet of any spring.

(i) Cemeteries. No interment of a human body shall be made within a distance of 200 feet of any spring.

(j) 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 Unadilla.

(k) Inspections. The Village of Unadilla, its officers or their duly appointed representatives, shall make regular and thorough inspections of the area surrounding the springs 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 Unadilla to promptly notify the State Commissioner of Health of such violations. The Village of Unadilla shall report to 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, the general surroundings of the springs at the time of the last inspection.

(1) 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 136.7 - Village of Schenevus

136.7 Village of Schenevus. (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 well which comprises the source of the public water supply of the Village of Schenevus. Said well is located on land owned by the Village of Schenevus and is situated approximately in the south central part of the village, 100 feet north of Depot Street.

(b) Definitions. (1) 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) .

(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 well.

(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 Schenevus.

(16) Well shall mean the well now used as a source of this water supply or to any additional well(s) 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 well.

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

(3) Herbicides and pesticides. No pesticides or herbicides shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the well 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 the temporary storage or the permanent deposit of human excreta or sewage shall be constructed, located, placed, maintained or allowed to remain within a 200-foot linear distance of the well. (ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 200-foot linear distance of the well.

(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 200-foot linear distance of the well, 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 well.

(5) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the well, and not within a 500-foot to a 1,000-foot linear distance of the well unless authorization has been obtained from the appropriate State agency and such burial is in accordance with 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 well.

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

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

(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 well.

(8) Trespassing. No trespassing shall be allowed upon the property of the Village of Schenevus upon which the well is located, and no person or persons shall enter in or upon such property except the person or persons authorized to enter said property by the Village of Schenevus.

(e) Inspections. The commissioner of the water district, 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 well to ascertain whether the rules and regulations set forth in this section are being complied with. It shall be the duty of the aforesaid commissioner of the water district 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 commissioner of the water district to promptly notify the State Commissioner of Health of such violations. The aforesaid commissioner of the water district 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 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 136.8 - Village of Otego

136.8 Village of Otego. (a) Application. The rules and regulations set forth in this section, duly made and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to the wells which comprise the source of the public water supply of the Village of Otego. Said wells are located on land owned by the Village of Otego and are situated approximately one mile north of the village along Otsdawa Road in the west end of the village south of Meadow Street between the Susquehanna River and the Delaware and Hudson railroad tracks.

(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 waste shall mean manure obtained from nonagricultural industries.

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

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

(11) Radiation shall mean ionizing radiation; that is, any alpha particle, beta particle, gamma ray, X-ray, neutron, high-speed proton, 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 leasee of said land, or any part of a farm on which only 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 sewage.

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

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

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

(20) 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 prohibition. 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 pesticides or herbicides 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) 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 a 500-foot linear distance of the wells 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 Village of Otego upon which the wells are located and no person or persons shall enter in or upon such property except the person or persons authorized to enter said property by the Village of Otego.

(e) Inspections. The board of trustees of the Village of Otego 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 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. If the commissioner finds such rule or regulation to have been violated, further steps will be taken in accordance with the provision of section 1102 of the Public Health Law. 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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