VILLAGES

Section 153.1 - Village of Fort Edward

VILLAGES

Section 153.1 Village of Fort Edward.

(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 Fort Edward public water supply.

(2) No privy vault, pit or cesspool or nontransportable receptacle of any kind for the reception or storage of human excreta shall be constructed, located or maintained within 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 excrement which is constructed, located or maintained between the aforesaid limits of 50 and 250 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir or 50 and 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 limit.

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

(6) Whenever it shall be found that, owing to the porous character of the soil, the height and flow of 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 watercourse aforesaid nor shall any such aforesaid liquid or solid matter or other polluted liquid be thrown or discharged upon the surface of the ground or into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid 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 nor shall any cattle, horses, sheep, swine or other animals be allowed to enter, wallow or stand in any reservoir, spring, stream, ditch or watercourse aforesaid.

(c) Garbage and refuse. No garbage or 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.

(d) Manures, composts 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 no compost or manure heap shall be located or maintained within 100 feet of nor shall they or any watering place for horses or cattle or other animals be so arranged that the polluted drainings therefrom shall flow into any reservoir, spring, stream, ditch or watercourse aforesaid nor shall such drainings be allowed to flow 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.

(e) Dead animals, vegetable refuse and manufacturing wastes. No dead animal, bird or fish, or 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 or less than 50 feet through the subsoil in any reservoir, spring, stream, ditch or watercourse aforesaid without having undergone proper purification.

(f) 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.

(g) Management of the reservoirs. (1) The reservoirs of the Fort Edward 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 cannot be constantly examined and cleaned.

(h) 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 given mandatory rules or regulations, to be recovered under the said act.
 

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Section 153.2 - Village of Whitehall

153.2 Village of Whitehall.

(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 510 of the Laws of 1921, shall apply to Pine Lake, to all artificial reservoirs and to all watercourses tributary thereto or ultimately being diverted or discharged into said lake, these bodies of water being sources of the public water supply of the village of Whitehall, Washington County.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to Pine Lake and to all drainage and impounding reservoirs which serve as sources of this public water supply or to any additional reservoir which may be constituted or used for the purpose of this water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than artificial reservoir), stream, ditch, gutter or other channel of any kind the waters of which when running whether continuously or occasionally eventually flow or may flow or be diverted into Pine Lake or the impounding or storage reservoirs tributary to the public water supply of the village of Whitehall.

(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 watertight receptacle of any kind used for the temporary storage of human excreta shall be constructed, placed, maintained or allowed to remain within 150 feet of any reservoir or within 50 feet of any watercourse tributary to the public water supply of the village of Whitehall.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta which is not watertight shall be constructed, located, placed, maintained or allowed to remain within 250 feet of any reservoir or within 75 feet of any watercourse tributary to the public water supply of the village of Whitehall.

(3) No privy, privy vault, pit, cesspool 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 privy, privy vault, pit, cesspool or other receptacle is made watertight and so arranged and equipped that the said excreta or sewage will not overflow and is 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 removable 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 removable watertight 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 receptacle or the privy or place in which they are kept in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundation or floor of the privy or other place. 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 or place of temporary storage to the place of final disposal hereinafter specified and that the contents, while being transferred, 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 watertight 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 in such place and manner as to effectually prevent the excreta 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 the public water supply of the village of Whitehall. (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 receptacle 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 tributary to the public water supply of the village of Whitehall, 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 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 watercourse tributary to the public water supply of the village of Whitehall nor shall any such matter be thrown, placed, led, discharged or allowed to escape or flow onto 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 250 feet of any reservoir or within 75 feet of any watercourse tributary to the public water supply of the village of Whitehall.

(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 the public water supply of the village of Whitehall; 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 within 50 feet from any watercourse tributary to the public water supply of the village of Whitehall.

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

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe nor shall any animal or poultry be allowed to stand, wallow, wade, swim or be washed or watered in any reservoir tributary to the public water supply of the village of Whitehall. This shall not, however, be construed to prohibit animals from being watered in any portion of the watercourse tributary to the public water supply of the village of Whitehall but no watering place shall be maintained in such a way as to pollute with muddy leachings or excremental matter any watercourse tributary to the public water supply of the Village of Whitehall.

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

(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 Whitehall nor shall such human excreta or compost or other matter containing human excreta be 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 Whitehall; 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 nor within 50 feet from any watercourse tributary to the public water supply of the Village of Whitehall. (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 any such place that the drainings, 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 25 feet before entering any watercourse tributary to the public water supply of the Village of Whitehall.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animal, 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 tributary to the public water supply of the Village of Whitehall, nor shall any such material or refuse be so located, 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 300 feet from any reservoir or 150 feet from any watercourse tributary to the public water supply of the Village of Whitehall.

(g) Fishing, boating and ice cutting. No boating of any kind or fishing from boats or through the ice and no ice cutting or any trespassing whatsoever shall be allowed in or upon the waters or ice of any reservoir tributary to the public water supply of the Village of Whitehall.

(h) 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 Whitehall.

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

(j) Inspections. The board of trustees of the Village of Whitehall or such other board as may be charged with the maintenance or supervision of the public water supply of the Village of Whitehall or its duly appointed representative 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 promptly to notify the State Commissioner of Health of such violations. The board of trustees shall report 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.

(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 153.3 - Village of Argyle

153.3 Village of Argyle. (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 Summit Lake and all watercourses tributary thereto or which may ultimately discharge into said Summit Lake or which may be developed in the future to serve as sources of the water supply to the Village of Argyle, Washington County, New York.

(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 or 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, garbage, sewage sludge, chemical waste, biological 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 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 Argyle 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 Argyle, Washington County, New York.

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

(18) Watershed shall mean the entire drainage area contributing water to the Village of Argyle public 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 make 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 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 or reconstructed 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-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 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 designated, constructed and operated sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such a 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 a 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 disposal system.

(ix) 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 (excepting into watertight receptacles or watertight pipes connected to a sewage disposal system approved by the appropriate State agency having jurisdiction over such facility) within a 50-foot linear distance of any reservoir or watercourse. The restrictions and limiting distances shall not apply to sewage treatment works installed in accordance with plans which first have been submitted to and approved by the appropriate State agency having jurisdiction over such facility.

(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. No bathing, swimming, boating, fishing and trespassing shall be allowed on the lake within 50 feet from the intake 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) Manure. No manure pile shall be maintained or allowed to remain within a 50-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 Argyle.

(e) Inspections. The village board of the Village of Argyle 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 representatives make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid village 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 village board to promptly notify the State Commissioner of Health of such violations. The aforesaid village 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.

(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 153.4 - Village of Argyle (well supply)

153.4 Village of Argyle, (well supply). (a) Application. The rules and regulations set forth in this section, duly made and adopted in accordance with the provisions of sections 1110-1107 of the Public Health Law shall apply to the well, and to any future well developed, which comprise the primary source of the public water supply of the Village of Argyle. Said well is located on land owned by the Village of Argyle and is situated approximately 1-1/2 miles southeast from the Village of Argyle, on Summit Lake Road.

(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 a structure or object to the extension of the centerline of the well(s).

(7) Manure shall mean animal feces or urine.

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

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

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

(11) Radiation shall mean ionizing radiation, that is, any alpha particle, beta particle, gamma ray, X-ray, neutron, high-speed proton, 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 Village of Argyle.

(20) Well shall mean well(s) now used as a source of this water supply or 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, pesticides and farming. 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. No milk house drain outlet, barn gutter, silo, sinkhole, cow yard, chicken yard, hog yard or other animal yard shall be constructed, maintained or allowed to remain within a 200-foot linear distance of the well. (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 well.

(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 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 250-foot linear distance of the well, except in watertight pipes connected to a sewage disposal system for which 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) Junkyard. No junkyard shall be located within a 250-foot linear distance of any reservoir or watercourse.

(6) 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.

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

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

(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 well.

(10) Trespassing. No trespassing shall be allowed upon the property of the Village of Argyle 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 Argyle.

(e) Inspections. The Board of Trustees of the Village of Argyle or any person persons charged with the maintenance or supervision of the public water supply system shall, by its officers or their duly appointed representatives, make regular and thorough inspections of the area surrounding the well to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid village board 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 village board to promptly notify the State Commissioner of Health of such violations. Further steps to abate the said violations shall be taken in accordance with provisions of section 1102 of the Public Health Law. The aforesaid village 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 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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