Title: Section 105.8 - Village of Silver Creek

Effective Date

09/30/1986

105.8 Village of Silver Creek. (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 Hopper Road Reservoir and the Smith Mills Reservoir and all watercourses tributary thereto or which may ultimately discharge into said Hopper Road and Smith Mills Reservoirs or which may be developed in the future to serve as sources of the water supply to the Village of Silver Creek.

(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 purposes of fertilization.

(4) 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).

(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 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.

(8) 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.

(9) Manure shall mean animal feces and urine.

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

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

(12) 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, industrial and municipal waste and agricultural- and nonagricultural-associated animal waste.

(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) 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.

(16) 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.

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

(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.

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

(22) Water supply shall mean the public water supply of the Village of Silver Creek.

(23) Watercourse shall mean every spring, stream, marsh or channel of water of any kind which flow or may flow into the Village of Silver Creek's water supply.

(24) Watershed shall mean the entire drainage area contributing water to the Village of Silver Creek's 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) Agricultural-associated animal waste area. No agricultural-associated animal waste area shall be located within a 250-foot linear distance of any reservoir or watercourse. Beyond that distance such area shall be maintained in such manner that surface runoff will not carry agricultural-associated animal waste directly into the reservoir or watercourse.

(2) Agricultural-associated animal waste storage area. No agricultural-associated animal waste storage area shall be located within a 250-foot linear distance of any reservoir or watercourse.

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

(4) 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.

(5) 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 is 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 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, maintained or allowed to remain within a 50-foot linear distance of any reservoir or watercourse except:

(a) watertight receptacles;

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

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

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

(ix) When an existing subsurface sewage disposal system fails, the entire system must be inspected and the site thoroughly evaluated in accordance with article IV of the Sanitary Code of the Chautauqua County Health District, prior to modifications or alterations to the existing system.

(7) 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 having jurisdiction and such burial is in accordance with the provisions of Part 16 of this Title. (8) Recreation. (i) Bathing and swimming. No bathing and swimming shall be allowed in any reservoir or watercourse owned by the Village of Silver Creek.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the Village of Silver Creek 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 Silver Creek within a 1,000-foot linear distance of the water supply intakes except by duly authorized employees of the Village of Silver Creek in the performance of their duties of supervision and maintenance of the water supply.

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

(ii) Manure. Manure shall not be field spread within 75 feet of the reservoir or watercourse unless it is plowed underground the same day it is spread.

(iii) 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.

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

(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 any reservoir or watercourse.

(11) 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 Silver Creek.

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

(e) Inspections. The trustees of village, or any other person or persons charged with the maintenance or supervision of the public water supply system shall by its officers or their duly appointed representative make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid trustees of village 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 trustees of village, 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 trustees of village 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 these rules and regulations shall be those specified by section 1103 of the Public Health Law.

Volume

VOLUME B (Title 10)

up