[Adopted 10-8-1986 by L.L.
No. 2-1986]
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:
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).
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 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.
Any substance used to destroy or inhibit pests such as rodents and
insects.
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.
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.
All putrescible and nonputrescible solid wastes, including garbage,
manure, rubbish, ashes, incinerator residue, street cleanings, 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 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.
Any natural or artificial lake or pond which is tributary to or serves
as a source of the Rosendale Water District.
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 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.
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.
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.
The entire drainage area contributing water to the Rosendale Water
District water supply.
The public water supply of the Town of Rosendale Water District.
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).
A.
Cemeteries. No interment of a human body shall be made
within a linear distance of 250 feet from any reservoir or watercourse.
B.
Chloride salt. No chloride salt shall be stored within
a linear distance of 500 feet from any reservoir or watercourse, except in
weatherproof buildings or watertight vessels.
C.
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 has been obtained from the appropriate
state agency having jurisdiction.
D.
Human excreta and sewage.
(1)
No human excreta or sewage shall be deposited or allowed
to escape into any reservoir or watercourse on the watershed.
(2)
No human excreta or sewage shall be deposited or spread
upon the surface of the ground at any point on the watershed or within a linear
distance of 250 feet from the well(s).
(3)
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 well(s) 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.
(4)
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 linear distance
of 250 feet from any reservoir or watercourse or 250 feet distance of the
well(s), 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.
(5)
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 linear distance of 250 feet from any
reservoir or watercourse or 250 feet of the well(s).
(6)
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.
(7)
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 transporting 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 Subsection D(3) of this section 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.
(8)
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 Subsection D(5) of this section shall comprise the criteria to approve any proposed sewage disposal system.
E.
Radioactive material. No radioactive material shall be
disposed of by burial in soil within a linear distance of 2,500 feet from
any reservoir or watercourse or well(s) and not within a linear distance of
2,500 feet from any reservoir or well(s) or watercourse unless authorization
has been obtained from the appropriate state agency and such burial is in
accordance with the 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
16).
F.
Recreation.
(1)
Bathing and swimming. No bathing and swimming shall be
allowed in any reservoir or watercourse owned by the Town of Rosendale Water
District.
(2)
Boating. No boating shall be allowed in or upon the waters
of any reservoir or watercourse owned by the Town of Rosendale Water District,
except by duly authorized employees of the community in the performance of
their duties of supervision and maintenance of the water supply.
(3)
Fishing and trespassing. No fishing or trespassing shall
be allowed in or upon any reservoir or watercourse owned by the Town of Rosendale
Water District within a linear distance of 1,000 feet from the water supply
intakes, except by duly authorized employees of the Town of Rosendale Water
District in the performance of their duties of supervision and maintenance
of the water supply.
(4)
Motorized vehicles. No motorized vehicles shall be allowed
on water district property, except those authorized by the Rosendale Board
of Water Commissioners and its agents.
G.
Solid waste.
(1)
Junkyards. No junkyard shall be located within a linear
distance of 250 feet from any reservoir, well(s) or watercourse.
(2)
Refuse. No refuse shall be deposited on or beneath the
surface of ground within a linear distance of 250 feet from any reservoir,
well(s) or watercourse.
(3)
Refuse disposal area. No refuse disposal area shall be
located within a linear distance of 500 feet from any reservoir, well(s) or
watercourse.
H.
Toxic chemicals. No container used for the storage of
toxic chemicals shall be buried beneath the surface of the ground within a
linear distance of 500 feet from any reservoir, well(s) or watercourse.
I.
Trespassing. No unauthorized personnel shall be allowed
on property owned by the Town of Rosendale Water District.
J.
Miscellaneous.
(1)
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, well(s) or watercourse owned by the Town of Rosendale Water
District.
(2)
Other wastes. No pollutant of any kind shall be discharged
or allowed to flow into any reservoir, well(s) or watercourse or on or beneath
the surface of the ground within 1,500 feet of any reservoir, well(s) 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.
(3)
Buried tanks. No tanks for gasoline or fuel oil storage
or any other possible contaminant shall be buried within a linear distance
of 500 feet from any reservoir, well(s) or watercourse.
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.
