N.Y. Comp. Codes R. & Regs. tit. 10 § 132.4

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

Section 132.4 - Village of phelps, ontario county

(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 a shallow well with pump house and radial collector pipes (hereinafter well system) which will comprise a source of the public water supply of the Village of Phelps (hereinafter village). Said well to be located on land owned by Leon W. Adams and is situated on the west side of Lester Road, 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 horizontal separation between the centroid of the well system and the nearest point of the structure or object in question. The well system centroid is located on the centerline of the central collector pipe, 44 feet south of the pump house. A map showing the location of the well system and its centroid is available at the village office.

(7) Manure shall mean animal feces and urine.

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

(9) 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 and industrial, municipal and agricultural-associated animal wastes.

(10) 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.

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

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

(13) 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 agriculural associated animal wastes resulting from the operation of such farm are deposited.

(14) 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.

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

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

(17) 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 landfill, or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.

(18) Water supply shall mean the public water supply of the Village of Phelps.

(19) Well shall mean any well now used or which may be developed in the future as a source of water supply for the village.

(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) Cemeteries. No interment of a human body shall be permitted within a 300- foot linear distance.

(2) Chloride salt storage. No bulk storage shall be permitted within a 500-foot linear distance.

(3) 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 unless a permit has been obtained from the appropriate State agency having jurisdiction. No bulk storage of herbicides or pesticides for commercial use permitted within a 1,500-foot linear distance.

(4) 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 permitted within a 300- foot linear distance.

(ii) No human excreta or sewage shall be deposited or spread upon the surface of the ground within a 300-foot linear distance.

(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. Ultimate disposal shall be at a treatment works or disposal site approved by the New York State Department of Environmental Conservation.

(iv) No subsurface disposal of sewage or polluted liquid from existing onsite systems shall be permitted within a 300-foot linear distance. Future subsurface disposal systems within a 500-foot linear distance 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.

(5) Petroleum products. No storage containers permitted below ground and no storage containers permitted above ground in excess of 30 gallons, within a 250-foot linear distance. No storage containers permitted below ground in excess of 500 gallons and no storage containers permitted above ground in excess of 30 gallons unless set on a concrete slab with a low curb to contain spills or leakage, within a 1,000-foot linear distance, but beyond 250 feet.

(6) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance.

(7) Toxic substances. No storage of toxic substances, except as permitted by the provisions of paragraph (6) of this subdivision shall be permitted within a 1,000 foot linear distance.

(8) No junkyards shall be permitted within a 300-foot linear distance.

(9) Farm or domestic animals. No quartering of farm animals or commercial penning of domesticated animals shall be permitted within a 300-foot linear distance.

(10) Major earthworks or commercial excavations. No activity involving major earthworks or commercial excavations shall be permitted within a 1,000-foot linear distance.

(11) Radioactive material. No radioactive material shall be disposed of by burial in the soil within a 1,000-foot linear distance.

(12) Trespassing. No trespassing shall be allowed upon the property leased or owned by the village upon which the well is 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.

(e) Inspections. The village board or their duly authorized village representative, shall make regular and thorough inspections of the area surrounding the well 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. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid village board to promptly notify the State Commissioner of Health of such violations. Further steps to abate the said violations shall be taken in accordance with the provisions of section 1102 of the Public Health Law. The aforesaid village board 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 violations found, the number of notices served, the number of violations abated and the general condition of the area surrounding well at the time of the last inspection.

(f) Penalties for violations. Penalties for the 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 § 132.4