N.Y. Comp. Codes R. & Regs. tit. 10 § 105.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 105.5 - Village of Mayville

Public Health Law, § 1100

(a)Application.

The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to the wells which comprise the source of the public water supply of the Village of Mayville, Chautauqua County, New York. Said wells are located on land owned by Village of Mayville and are situated approximately near Patterson Street and Morris Street in said village.

(b)Definitions.

(1)Chloride salt shall mean the solid compounds of potassium chloride (commonly used as fertilizer) calcium chloride (commonly used for road maintenance) or sodium chloride (commonly used for water softener regeneration or road maintenance).

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

(3)Junk yard 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, etc.

(4)Linear distance shall mean the shortest horizontal distance from the nearest point of the structure or object to the well.

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

(6)Refuse shall mean all putrescible and nonputrescible solid wastes including garbage, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid commercial and industrial wastes.

(7)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, 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.

(8)Sewage shall mean the waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.

(9)Toxic chemical shall mean any compound or substance which is or may be poisonous to humans.

(10)Water supply shall mean the public water supply of the Village of Mayville, Chautauqua County, New York.

(11)Well shall mean the wells now used as a source of this public water supply or to any additional well which may be constructed at this point as a source for this public water supply.

(c)Human excreta.

(1) No privy, privy vault, pit or other receptacle of any kind for either the temporary storage or the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 250 feet of the well.

(2) No human excreta shall be deposited or spread upon or beneath the surface of the ground within 250 feet of the well.

(d) Sewage.

No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground (except into watertight pipes connected to a sewage disposal system, a permit for which shall have been granted by the appropriate State agency having jurisdiction over such facility) within 250 feet of the well. It is provided, however, that no such watertight pipe shall be located within 15 feet of the well.

(e) Refuse.

No refuse shall be deposited on or beneath the surface of ground within 250 feet of the well.

(f)Refuse disposal area.

No refuse disposal area shall be located within 500 feet of the well.

(g) Cemeteries.

No interment of a human body shall be made within 250 feet of the well.

(h) Chemicals.

No container used for the storage of gasoline, kerosene, fuel oil, diesel oil or toxic chemicals shall be buried beneath the surface of the ground within 140 feet of the well located at Morris Street and within 240 feet of the well located at Patterson Street.

(i)Chloride salt.

No chloride salt storage area shall be located within 500 feet of the well except in weather-proof buildings or watertight vessels.

(j)Radioactive material.

No radioactive material in excess of the quantity listed for said material in Table 4, Appendix 1, Part 16, Chapter 1 - Ionizing Radiation - Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York shall be disposed of by burial in soil within 500 feet of the well.

(k)Junk yards.

No junk yard shall be located within 250 feet of the well.

(l) Trespassing.

No trespassing shall be allowed upon the property of the Village of Mayville, upon which the well is located and no person or persons shall enter in or upon such property except the person or persons as may be charged with the maintenance of the supply in the official performance of their duties of supervision or maintenance of the supply or except such other persons as may be authorized to enter said property by the Village of Mayville.

(m)General clause.

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, Subchapter C (Water Supply Sources) Chapter III (Public Water Supplies), Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York.

(n)Inspections.

The board of water commissioners, or any person or persons as may be charged with the maintenance or supervision of the water supply shall make regular and thorough inspections of the area surrounding the well as to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid board of water commissioners, to cause copies of any rules and regulations violated to be served upon persons violating the same together with notices of such violations. If such persons served do not immediately comply with these rules and regulations, it shall be the further duty of the aforesaid board of water commissioners, to promptly notify the State Commissioner of Health of such violations. The aforesaid board of 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 surroundings of the well at the time of the last inspection.

(o)Penalty.

Penalties for violations shall be in accordance with section 1103 of the Public Health Law.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 105.5