[Adopted 5-4-1992 by L.L.
No. 1-1992 (Ch. 145, Art. III, of the 1992 Code)]
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, shall apply to East Pond and all watercourses
tributary thereto or which may ultimately discharge into said East
Pond or which may be developed in the future to serve as sources of
the water supply to the Village of Woodridge.
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, the
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 untraviolet 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.
Any natural or artificial lake or pond which is tributary
to or serves as a source of the Village of Woodridge water supply.
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.
The public water supply of the Village of Woodridge.
Every spring, stream, marsh or channel of water of any kind
which flows or may flow into the Village of Woodridge water supply.
The entire drainage area contributing water to the Village
of Woodridge water supply.
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 Part 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.
(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 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 animal wastes shall be spread or deposited on any of the watershed
property owned by the Village of Woodridge.
(5)
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
50 feet from any reservoir or watercourse 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.
(c)
A properly designed, constructed and operated treatment works
that has been approved by the appropriate state agency having jurisdiction
over such facility.
(6)
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 50 feet from any
reservoir or watercourse.
(7)
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.
(8)
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 transportable 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.
(9)
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(6) of this section shall comprise the criteria to approve any proposed sewage disposal system.
E.
The cutting of any wood, grass or other vegetation on watershed lands
will not be permitted.
F.
Radioactive material. No radioactive material shall be disposed of
by burial in soil within a linear distance of 500 feet from any reservoir
or watercourse and not within a linear distance of 1,000 feet from
any reservoir 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 Part 16).
G.
Recreation.
(1)
Bathing and swimming. No bathing and swimming shall be allowed in
any reservoir or watercourse owned by the Village of Woodridge.
(2)
Boating. No boating shall be allowed in or upon the waters of any
reservoir or watercourse owned by the Village of Woodridge except
by duly authorized employees of the Village of Woodridge 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 Village of Woodridge.
(4)
There shall be no admittance by anyone for any purpose except by
duly authorized employees of the Village of Woodridge in the performance
of their duties of supervision and maintenance of the water supply.
All watershed lands shall be posted and trespassers will be prosecuted.
H.
Solid waste.
(1)
Junkyards. No junkyard shall be located within a linear distance
of 250 feet from any reservoir 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 or
watercourse.
(3)
Refuse disposal area. No refuse disposal area shall be located within
a linear distance of 500 feet from any reservoir or watercourse.
I.
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 or watercourse.
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 or watercourse owned by the Village of Woodridge.
(2)
Other wastes. No pollutant of any kind shall be discharged or allowed
to flow into any reservoir or watercourse or on or beneath the surface
of the ground on the watershed within 500 feet of any reservoir 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.
The entity or responsible authority, e.g., the Trustees of the
Village, Superintendent of Water 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, watercourses and
watershed to ascertain whether these rules and regulations are being
complied with. It shall be the duty of the aforesaid entity or responsible
authority, e.g., the Trustees of the Village, Superintendent of Water
or other officials of the waterworks, 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 entity or responsible authority,
e.g., the Trustees of the Village, Superintendent of Water or other
officials of the waterworks, to promptly notify the State Commissioner
of Health of such violations. The aforesaid entity or responsible
authority, e.g., the Trustees of the Village of Woodridge or Superintendent
of Water, 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.