Title: Section 152.7 - Diamond Point Water District, Town of Lake George

152.7 Diamond Point Water District, Town of Lake George. (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 Smith Brook and all tributaries above the intake of the supply which now serve or which may be developed in the future to serve as sources of the public water supply of the Diamond Point Water District, Town of Lake George, Warren County, New York, and to all watercourses tributary thereto or ultimately discharging into said public water supply or its reservoirs.

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

(2) District shall mean the Diamond Point Water District.

(3) 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).

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

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

(6) 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.

(7) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the high-water mark of the reservoir or the edge, margin or precipitous bank forming the high-water mark of a watercourse.

(8) Manure shall mean animal feces and urine.

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

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

(11) 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.

(12) 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.

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

(14) 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.

(15) 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.

(16) Reservoir shall mean any natural or artificial lake or pond which is tributary to or serves as a source of the public water supply of the Diamond Point Water District.

(17) 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.

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

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

(20) 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.

(21) Trustee shall mean the town board of the Town of Lake George as trustee for the Diamond Point Water District.

(22) Watercourse shall mean every spring, stream, marsh, pond, reservoir or channel of water of any kind, the waters of which flow or may flow into the Diamond Point Water District public water supply.

(23) Watershed shall mean the entire drainage area contributing to the Diamond Point Water District public water supply.

(24) Water supply shall mean the public water supply of the Diamond Point Water District, Town of Lake George, Warren County, New York.

(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. In addition, no clothing, bedding, carpets, harnesses, vehicles, receptacles, utensils, nor anything that in any way or to any degree pollutes water shall be washed, rinsed or placed in the reservoir or in any watercourse tributary thereto within a distance of one mile upstream from the reservoir. (d) Specific prohibitions. (1) Bathing and swimming. Bathing and swimming are prohibited within any watercourse or reservoir on the watershed.

(2) Cemeteries; dead animals. (i) No interment of a human body shall be made within the watershed.

(ii) No dead animal, bird, fish, nor any part thereof, shall be thrown or placed into any watercourse tributary to Smith Brook above the intake of the water system; nor shall any such material be placed, maintained, or allowed to remain such that the drainage, leachings or washings therefrom may reach any watercourse without first having percolated over or through the soil in a scattered, dissipated form, and not concentrated in perceptible lines of drainage, for a linear distance of 250 feet from any such watercourse.

(iii) The burying of animals, birds, fish, etc., or parts thereof, is prohibited within a 250-foot linear distance of any reservoir or watercourse tributary to the Diamond Point Water District public water supply.

(3) 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.

(4) Dams. No person shall construct a pond or erect, reconstruct or repair any dam or impoundment structure or other artificial obstruction, temporary or permanent, in or across a watercourse in the watershed without authorization from the trustee of the district.

(5) Herbicides and pesticides. No herbicide or pesticide 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. Any application for such permit must clearly state that the land to which the permit relates is located within the watershed.

(6) Erosion control. (i) Erosion control procedures shall be employed where construction in the watershed will result in sediment entering Smith Brook above the water intake of the Diamond Point Water District public water supply.

(ii) Any work which will involve a change, modification, or otherwise disturb the course, channel or bed of Smith Brook above the intake of the Diamond Point Water District public water supply will require necessary permits from appropriate State regulatory agencies, as well as approval of the trustee.

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

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

(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, privy vault, pit, cesspool, or similar nonwatertight receptacle of any kind for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained, or allowed to remain on the watershed. Only effluent from an approved treatment works may be discharged into the subsurface ground strata. Treatment works must have the approval of the Lake George Consolidated Board of Health and the appropriate State agency having jurisdiction.

(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 150-foot linear distance of any reservoir or watercourse.

(vi) Watertight tanks employed for the temporary storage of sewage, if allowed to be utilized by the trustee, shall not be permitted to overflow in any amount. Licensed scavenger units shall be employed, as necessary, to service such tanks and dispose of tank contents only in approved, authorized landfills or an operating municipal sewage treatment works.

(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 watercourse.

(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. Said plans must state in the application that the site is within the Diamond Point Water District watershed. The New York State Department of Health Waste Treatment Handbook Individual Household Systems, the Lake George Consolidated Board of Health sewerage regulations, and subparagraph (v) of this paragraph, shall comprise the criteria for approval of any proposed sewage disposal system. (ix) (a) Whenever it shall be found that, 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 owing to other special local conditions, the excremental matter from any system, or from any trench, seepage disposal area, or any other place of disposal may, in the judgment of the Lake George Consolidated Board of Health and the New York State Department of Health, be washed over the surface or through the soil in an imperfectly purified condition into any watercourse, then said system or place of disposal 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 in the joint judgment of the Lake George Consolidated Board of Health and the New York State Department of Health.

(b) If the above limiting distance is not possible, due to lack of land area, etc., the owner shall take other corrective measures as approved by the Lake George Consolidated Board of Health and appropriate State agencies having jurisdiction.

(x) No sewage, house slops, bath water, or polluted liquid of any kind shall be thrown, placed, led, conducted, discharged or allowed to flow from any pipe, drain or ditch into any watercourse on the watershed, unless discharge is through a subsurface disposal system approved by the Lake George Consolidated Board of Health and the appropriate State agency having jurisdiction.

(8) Junkyards. No junkyard shall be permitted within the watershed.

(9) Manure; compost heaps; animal shelters. No stable, barnyard, hog pen, poultry house, hitching post, manure pile or compost heap shall be constructed, placed, or allowed to remain within a 250-foot linear distance of any reservoir or watercourse. None of the above-named objects or sources of pollution shall be constructed, placed, maintained or allowed to remain where, or in such a manner that, the drainage, leachings or washings therefrom may enter the reservoir or any watercourse tributary thereto without having first passed over or through such an expanse of soil as to have been properly and reasonably purified.

(10) Radioactive material. No radioactive material in excess of the quantity listed for said material in Table 4, Appendix 16-A (Ionizing Radiation) of this Title, shall be disposed of by burial in soil within a 500-foot linear distance of any reservoir or watercourse.

(11) Refuse. No refuse shall be deposited on or beneath the surface of ground within a 250-foot linear distance of any reservoir or watercourse.

(12) Refuse disposal area. No new refuse disposal area shall be located within a 250-foot linear distance of any reservoir or watercourse on the watershed, and all such refuse disposal areas shall comply with existing town ordinances.

(13) 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 within the watershed.

(14) Toxic substances. No toxic substance shall be discharged, applied, or allowed to enter into any reservoir or watercourse, except as otherwise permitted by the provisions of paragraph (5) of this subdivision, and no container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 250-foot linear distance of any such reservoir or watercourse.

(15) Trespassing. No trespassing shall be allowed upon the lands owned by the district, except by duly authorized personnel of the district in performing their duties of supervision and maintenance of the water supply.

(16) Other wastes. No pollutant of any kind shall be discharged, deposited, or allowed to flow into any reservoir or watercourse or on or beneath the surface of the ground or watershed within a 250-foot linear distance of any reservoir, except as otherwise permitted by the applicable provisions of paragraph (7) of this subdivision. 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 Lake George Department of Public Works or its duly authorized personnel shall maintain systematic and thorough inspection of Smith Brook above the Diamond Point Water District water supply intake, as well as the entire drainage area tributary thereto, to ascertain compliance wi th all the foregoing provisions. A complete and detailed report of each such inspection shall be submitted in writing, by the Lake George Department of Public Works or its duly authorized personnel, to the town board of the Town of Lake George and the Lake George Consolidated Board of Health, within 10 days after the completion of each inspection. An annual report shall be submitted to the State Commissioner of Health and the Lake George Consolidated Board of Health prior to the 30th day of January. The report shall state the number of inspections which were made, 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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VOLUME B (Title 10)

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