N.Y. Comp. Codes R. & Regs. tit. 10 § 132.3

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

Section 132.3 - Village of holcomb

(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 the wells and springs which comprise the source of the public water supply of the Village of Holcomb. Said wells and springs are located on land owned by the village and are situated on both sides of Oak Mount Avenue, about 1,500 feet southerly of Main Street in the village.

(b) Definitions.

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

(2) 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).

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

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

(5) 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.

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

(7) Manure shall mean animal feces or urine.

(8) Nonagricultural animal waste shall mean manure obtained from nonagricultural industries.

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

(10) 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.

(11) 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.

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

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

(14) 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.

(15) 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.

(16) Sewage disposal system shall mean any system used for disposing of sewage.

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

(18) 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.

(19) Water supply shall mean the public water supply of the Village of Holcomb.

(20) Wells or springs shall mean any well or spring now used as a source of water supply for the Village of Holcomb or any additional well or spring which may be developed at this point in the future as a source for such water supply.

(21) Regulated zone shall mean that area beyond the distances hereinafter specified but within the area bounded and described as follows:

(i) On the north by an east-west line perpendicular to Oak Mount Avenue and 500 feet north of the water pump house; on the east by a north-south line parallel to and 1,000 feet east of the centerline of Oak Mount Avenue; on the south by an east-west line parallel to and 1,800 feet south of the centerline of Gauss Road; and on the west by a north-south line parallel to and about 1,500 feet west of the centerline of Oak Mount Avenue.

(ii) A map showing the limits of the regulated zone is available for review at the village public works department offices and the New York State Department of Health, Bureau of Public Water Supply, Albany.

(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.

(d) Specific prohibitions.

(1) Agricultural waste. No manure or offal shall be deposited or spread upon or beneath the surface of the ground within a 500-foot linear distance of the wells or springs. Within the regulated zone, manure or offal may be spread if approved by the village.

(2) Cemeteries. No interment of a human body shall be permitted within a 300- foot linear distance of the wells or springs.

(3) Chloride salt. No storage of chloride salt shall be permitted within a 1,000-foot linear distance of the wells or springs. Within the regulated zone, chloride salt must be stored in such a manner to prevent storm water or snowmelt from dissolving the salt and carrying the solution into the underlying soil formations. Such chloride salt shall be covered in a manner reasonably acceptable to the village.

(4) Farm or domestic animals. No quartering of farm animals or commercial penning of domesticated animals shall be permitted within a 500-foot linear distance of the wells or springs.

(5) Herbicides and pesticides. No herbicides or pesticides, except short-term biodegradable type for residential use, shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the wells or springs unless a permit has been obtained from the appropriate municipality or State agency having jurisdiction. No bulk storage of herbicides or pesticides for commercial use is permissible within the regulated zone.

(6) Human excreta and sewage.

(i) No privy, privy vault, pit or other receptacle for temporary storage or permanent disposal of human excreta and sewage shall be constructed, located, placed, maintained or allowed to remain within a 1,000-foot linear distance of the wells or springs.

(ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 500-foot linear distance of the wells or springs.

(iii) Collection and transport of sewage or polluted liquid shall only be allowed in watertight pipes or containers which shall be approved by the appropriate State agency having jurisdiction. Ultimate disposal shall be to a treatment works or disposal site approved by the State Department of Environmental Conservation. Within the regulated zone, subsurface disposal systems shall only be allowed if reviewed and approved by the village and a permit has been granted by the appropriate State agency having jurisdiction over such facility.

(7) Junkyard. No junkyard shall be located within a 500-foot linear distance of the wells or springs. Within the regulated zone, no refuse disposal or disposal of oil, gasoline, battery acid, etc. from junkyards shall be permitted upon or beneath the surface of the ground.

(8) Major earthworks or commercial excavations. No activity involving major earthworks or commercial excavations shall be permitted within 1,000-foot linear distances of the wells or springs. Within the regulated zone, no such work which will penetrate the underlying water table or change the course of groundwater shall be permitted.

(9) Petroleum products. No storage containers shall be permitted below ground and no storage containers shall be permitted above ground in excess of 30 gallons, within a 350-foot linear distance of the wells or springs. No storage containers shall be permitted below ground in excess of 500 gallons and no storage containers shall be permitted above ground in excess of 30 gallons unless set on a concrete slab with low curb to contain spills or leakage, within a 700-foot linear distance of the wells or springs but beyond 350 feet. Within the regulated zone below-ground storage in excess of 1,000 gallons is permissible if constructed and monitored as follows:

(i) Owners of all new tanks will be required to obtain a permit from the village. The permit will indicate the methods for installing and testing new tanks. The conditions of such permit shall be subject to review and approval by the State Department of Health.

(ii) Only tanks approved by the American Petroleum Institute will be acceptable for new construction.

(iii) Owners of tanks for storage of gasoline, diesel fuel, etc., which is pumped to cars, trucks or other movable equipment, shall keep daily records of usage and delivery of fuel. These records shall be kept on file, for inspection by the village, and a copy sent to the village public works department every three months.

(10) Radioactive material. No radioactive material shall be disposed of by burial in the soil within a 1,000-foot linear distance of the wells or springs or within the regulated zone.

(11) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of the wells or springs.

(12) Toxic substances. No storage of toxic substances, except as permitted by the provisions of paragraph (9) of this subdivision shall be permitted within a 1,000-foot linear distance of the wells or springs.

(13) Trespassing. No trespassing shall be allowed upon the property of the village upon which the wells and springs 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 village.

(14) Other wastes. No pollutant of any kind shall otherwise be discharged or deposited upon the property of the Village of Holcomb upon which the wells or springs are located.

(e) Inspections. The village board or its duly authorized village representative shall make regular and thorough inspections of the area surrounding the wells and springs to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid village board to cause copies of any rules and regulations violated to be served upon the persons violating the same together with notices of such violations. The aforesaid village board shall report to the State Commissioner of Health in writing annually, prior to the 30th of January, the results of the regular inspections made during the preceding year. The report shall state 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 and springs at the time of the last inspection.

(f) Penalties for violations. Penalties for violations of these rules and regulations shall be those specified by section 1103 of the Public Health Law.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 132.3