[HISTORY: Adopted by the Commissioner of Health of the State of New
York 7-9-1986.[1] Amendments noted where applicable.]
[1]
Editor's Note: See Section 133.21 of Title 10 of the Official Compilation
of Codes, Rules and Regulations of the State of New York (10 NYCRR 133.21).
The rules and regulations set forth in this section, duly made and enacted
in accordance with the provisions of §§ 1100 through 1107 of
the Public Health Law, shall apply to the wells which comprise the source
of the public water supply of the Town of Crawford. Said wells are located
on land owned by the Town of Crawford on a parcel bearing Orange County Tax
Map Identification No. 8-2-62, being on the southeast side of New York State
Route 302 in the Town of Crawford, and on a parcel bearing Orange County Tax
Map Identification No. 8-2-63.221, being on the south side of New York State
Route 52 in the Town of Crawford.
As used in this chapter, the following terms shall have the meanings
indicated:
Manure obtained from agricultural industries.
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).
Any substance used to destroy or inhibit plant growth.
Human feces and urine.
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.
The shortest horizontal distance from the nearest point of the structure
or object to the extension of the center line of the wells.
Animal feces and urine.
Manure obtained from nonagricultural industries.
Any substance used to destroy or inhibit pests such as rodents and
insects.
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- and non-agricultural-associated
animal waste.
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.
Any material in any form that emits radiation spontaneously.
All putrescible and nonputrescible solid wastes, including garbage,
manure, rubbish, ashes, incinerator residue, street cleaning, dead animals,
offal and solid commercial and industrial wastes.
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.
Any liquid or solid waste matter from a domestic, commercial, private
or industrial establishment which is normally carried off in sewers or waste
pipes.
Any system used for disposing of sewage.
Any toxic substance as so defined by Subdivision 2 of § 4801
of the Public Health Law.
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.
The public water supply of the Town of Crawford.
Wells now used as sources of water supply for the Town of Crawford
or any additional wells which may be constructed at these points as a source
for this water supply.
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 Title 10 (Health) of the Official Compilation of
Codes, Rules and Regulations of the State of New York (10 NYCRR Part 170).
A.
Cemeteries. No interment of a human body shall be made
within a two-hundred-fifty-foot linear distance of the wells.
B.
Chloride salt. No chloride salt shall be stored within
a five-hundred-foot linear distance of the wells, except in weatherproof buildings
or watertight vessels.
C.
Herbicides and pesticides. No pesticides or herbicides
shall be stored, discharged, applied or allowed to remain within a five-hundred-foot
linear distance of the wells unless a permit to do so has been obtained from
the appropriate state agency having jurisdiction.
D.
Human excreta and sewage.
(1)
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 two-hundred-fifty-foot linear distance of the wells.
(2)
No human excreta or sewage shall be deposited or spread
upon or beneath the surface of the ground within a two-hundred-fifty-foot
linear distance of the wells.
(3)
No sewage or polluted liquids of any kind shall be discharged
or allowed to flow on or beneath the surface of the ground within a two-hundred-fifty-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 twenty-five-foot linear distance
of the wells.
E.
Junkyards. No junkyard shall be located within a two-hundred-fifty-foot
linear distance of the wells.
F.
Radioactive material. No radioactive material shall be
disposed of by burial in soil within a five-hundred-foot linear distance of
the wells or within a five-hundred-foot to one-thousand-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 Title
10 (Health) of the Official Compilation of Codes. Rules and Regulations of
the State of New York (10 NYCRR Part 16).
G.
Refuse. No refuse shall be deposited on or beneath the
surface of the ground within a two-hundred-fifty-foot linear distance of the
wells.
H.
Refuse disposal area. No refuse disposal area shall be
located within a five-hundred-foot linear distance of the wells.
I.
Toxic substances. No container used for the storage of
toxic substances shall be buried beneath the surface of the ground within
a five-hundred-foot linear distance of the wells.
J.
Trespassing. No trespassing shall be allowed upon the
property of the Town of Crawford 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 Town of Crawford.
The Town Board of the Town of Crawford 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 Town Board of the Town of Crawford 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 Town Board to promptly notify the State
Commissioner of Health of such violation. The aforesaid Town Board of the
Town of Crawford 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.
Penalties for violations of these rules and regulations shall be those
specified by § 1103 of the Public Health Law.