The rules and regulations herein set forth, duly made and enacted in
accordance with the provisions of §§ 1100 to 1107 of the Public
Health Law of the State of New York shall apply to the Rosendale Water District,
reservoirs and wells and all watercourses tributary thereto or which may ultimately
discharge into said Rosendale water reservoirs and wells or which may be developed
in the future to serve as sources of the water supply to the Town of Rosendale
Water District. This shall apply to the Mountain Road reservoir, the Still
Pond reservoir, the Snyder Mine water supply and the Creeklocks Road Well
No. 1. It shall also apply to any future water supplies obtained by the Rosendale
Water District.
As used in this article, the following terms shall have the meanings
indicated:
CHLORIDE SALT
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).
HERBICIDE
Any substance used to destroy or inhibit plant growth.
JUNKYARD
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.
LINEAR DISTANCE
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.
PESTICIDE
Any substance used to destroy or inhibit pests such as rodents and
insects.
POLLUTANT
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 and industrial,
municipal and agricultural waste discharged into water.
RADIOACTIVE MATERIAL
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.
REFUSE
All putrescible and nonputrescible solid wastes, including garbage,
manure, rubbish, ashes, incinerator residue, street cleanings, dead animals,
offal and solid commercial and industrial wastes.
REFUSE DISPOSAL AREA
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; provided, however, that said refuse shall be deposited
and disposed of in accordance with any and all local municipal and/or state
mandated rules, regulations, ordinances, statutes and/or laws.
RESERVOIR
Any natural or artificial lake or pond which is tributary to or serves
as a source of the Rosendale Water District.
SEWAGE
Any liquid or solid waste matter from a domestic, commercial, private
or industrial establishment which is normally carried off in sewers or waste
pipes.
TOXIC CHEMICALS
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.
TREATMENT WORKS
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 definition, installed for the purpose of treating, neutralizing,
stabilizing or disposing of sewage.
WATERCOURSE
Every spring, stream, marsh or channel of water of any kind which
flows or may flow into the Town of Rosendale Water District water supply.
WATERSHED
The entire drainage area contributing water to the Rosendale Water
District water supply.
WATER SUPPLY
The public water supply of the Town of Rosendale Water District.
WELL(S)
Well(s) now used as a source of water supply or to any additional
well(s) which may be constructed as a source for the water supply of the Town
of Rosendale Water District.
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 170).
The entity or responsible authority, the Town of Rosendale Water Commissioners
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, well(s)
or watercourses and watershed to ascertain whether these rules and regulations
are being complied with. It shall be the duty of the Town of Rosendale Board
of Commissioners 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 Town of Rosendale Water
Commissioners to promptly notify the State Commissioner of Health of such
violations. The Rosendale Water Commissioners 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.
Penalties for violations of these rules and regulations shall be those
specified by § 1103 of the Public Health Law.