Title: Section 116.2 - City of Johnstown

116.2 City of Johnstown. (a) Application. The rules and regulations set forth in this section, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to the wells located just off Maple Avenue, Keck Center Reservoir, Cold Brook Reservoir, and those tributaries which now serve or which may be developed in the future to serve as sources of the water supply of the City of Johnstown, Fulton 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 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, or to the extension of the centerline of a well.

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

(7) 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.

(8) 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.

(9) 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.

(10) Reservoir shall mean any natural or artificial lake or pond which is tributary to or serves as a source of the City of Johnstown water supply.

(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 City of Johnstown, Fulton County, New York.

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

(17) Watershed shall mean the entire drainage area contributing water to the City of Johnstown water supply.

(18) Well shall mean the well now used as a source of water supply for the City of Johnstown or to any additional well 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 at 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, watercourse or well.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of any reservoir, watercourse or well 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, watercourse or well 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 shall be deposited or allowed to escape into any reservoir or watercourse on the watershed, or allowed to remain within 250 feet of a well.

(ii) No human excreta shall be deposited or spread upon the surface of the ground at any point on the watershed or within 250 feet of a well.

(iii) No human excreta 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 or storage of human excreta 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 or within 250 feet linear distance of a well.

(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) 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 the 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 50 feet linear distance of any reservoir or watercourse or within 250 feet linear distance of any well. These 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. It is provided, however, that no such watertight pipe shall be located within 15 linear feet of a well.

(5) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of any reservoir, watercourse or well nor within a 1,000-foot linear distance of any reservoir, watercourse or well 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 or swimming shall be allowed in any reservoir or watercourse owned by the City of Johnstown.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the City of Johnstown 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 City of Johnstown within a 1,000-foot linear distance of the water supply intakes except by duly authorized employees of the City of Johnstown in the performance of their duties of supervision and maintenance of the water supply. Also, no trespassing shall be allowed upon the property of the City of Johnstown upon which a well is located and no person or persons shall enter in or upon such property except such persons as may be authorized to enter said property by the said city. (7) Solid waste. (i) Junkyards. No junkyard shall be located within a 250-foot linear distance of any well, reservoir or watercourse.

(ii) Refuse. No refuse shall be maintained or allowed to remain within a 250-foot linear distance of any reservoir, watercourse or well.

(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, watercourse or well.

(9) Miscellaneous. 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 City of Johnstown.

(e) Inspections. The Common Council of the City of Johnstown or any person or persons charged with the maintenance or supervision of the public water supply system shall by its officers or their duly appointed representative make regular and thorough inspections of the reservoir, watercourses, watershed and areas surrounding the wells to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid Common Council of the City of Johnstown 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 Common Council of the City of Johnstown to promptly notify the State Commissioner of Health of such violations. The aforesaid Common Council of the City of Johnstown 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 and 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.
 

Volume

VOLUME B (Title 10)

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