[HISTORY: Adopted by the Board of Trustees
of the Village of Tarrytown 11-4-1985 by L.L. No. 7-1985. Amendments
noted where applicable.]
The statutory authority for this chapter is
Public Health Law § 1100.
The purpose of this chapter is to accord greater
protection against contamination of the source of public water supply.
The rules and regulations set forth in this
chapter, duly made and enacted in accordance with the provisions of
§§ 1100-1107 of the Public Health Law, shall apply
to the Tarrytown Lakes and all watercourses, wells or springs tributary
thereto or which may ultimately discharge into said Tarrytown Lakes.
As used in this chapter, the following terms
shall have the meanings indicated:
The solid compounds or the solutions of potassium chloride,
calcium chloride or sodium chloride.
Any substance used to destroy or inhibit plant growth.
Human feces and urine.
Every spring, marsh, natural or retention pond or channel
of water of any kind that the general public may have direct or unrestricted
access to.
Land designated by the Village of Tarrytown for the depositing
of biodegradable material, including but not limited to vegetation,
wood chips, leaves, weeds, trees and tree branches and trunks, soil
and the like.
The shortest horizontal distance from the nearest point of
the 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.
Includes but is not limited to any dredge, spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, chemical waste,
biological materials, radioactive materials, heat, wrecked or discarded
equipment, wood chips, cellar dirt and industrial, municipal and agricultural
waste.
Any material in any form that emits radiation spontaneously.
"Radiation" shall mean ionizing radiation, that is, any alpha particle,
luta 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.
Solid waste such as garbage, manure, rubbish, ashes, incinerator
residue, street cleanings, dead animals, offal and solid commercial
and industrial wastes.
Any natural or artificial lake or pond or tributary which
serves as a source of the Village of Tarrytown water supply.
Any liquid or solid waste matter from a domestic, commercial
or industrial establishment which is normally carried off in sewers
or waste pipes.
Any sewer treatment plant, sewer disposal field or system,
sewer pumping station, septic system, construction 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 meaning defined by Public Health Law § 4801,
Subdivision 2, as follows: any substance which is printed in the latest
edition of the National Institute for Occupational Safety and Health
Registry of Toxic Effect of Chemical Substances or has yielded positive
evidence of acute or chronic health hazards in human, animal or other
biological testings.
The entire drainage area contributing to the Village of Tarrytown
water supply (Reference Map).
The public water supply of the Village of Tarrytown.
No person, business or industry, including state
agencies or political subdivisions, shall pollute or cause to be polluted
any watershed properties, as defined by this chapter, or any inland
waterway or areas adjacent to any inland waterway within the Village
of Tarrytown.
A.
Specific restrictions shall be as follows:
(1)
Cemeteries. No interment of a human or animal body
shall be made within a two-hundred-fifty-foot linear distance of any
reservoir or watercourse.
(2)
Chloride salt. No chloride shall be stored within
a five-hundred-foot linear distance of a reservoir or watercourse
unless permission is granted by the Village of Tarrytown and then
only in weatherproof or watertight containers. However, in no way
shall this prohibition apply to the Village of Tarrytown's use of
chloride salt compounds to remove ice to facilitate public transportation
anywhere within the village.
(3)
Herbicides and pesticides. No herbicides or pesticides
shall be stored, discharged, applied or allowed to enter into any
watershed area or any inland waterway directly unless a permit to
do so has been obtained from the appropriate agency having jurisdiction.
(4)
No human excreta or sewage shall lie deposited or
be allowed to escape into any reservoir, watercourse on the watershed
or inland waterway.
(5)
No accumulative animal excreta or sewage shall be
deposited or allowed to escape into any reservoir, watercourse on
the watershed or inland waterway.
(6)
Before any sewage disposal system is altered or any
new sewage disposal system is constructed within a five-hundred-foot
linear distance of the watershed, the plans in relation thereto shall
have been first approved by the Village of Tarrytown and/or the appropriate
state or county agency.
(7)
No radioactive material shall be disposed of by burial
in soil within a one-thousand-foot linear distance of any watershed,
reservoir, watercourse or inland waterway 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).
(8)
No radioactive material being emitted into the atmosphere
by any industrial, commercial or any other source shall be allowed
to enter into the reservoir watershed area or watercourse unless authorization
has been obtained from the appropriate state agency and in accordance
with such regulations that presently exist as to the monitoring and
reporting of various levels of such materials.
(9)
No person or business firm of any type shall draft
or discharge any liquid of any form into or from any watercourse reservoir
or inland waterway unless prior written permission has been obtained
from the Village of Tarrytown.
(10)
No container used for the bulk storage of toxic
substance shall be allowed within a one-thousand-foot linear distance
of the watershed area, watercourse reservoir or any inland waterway.
(11)
No activity shall be permitted that would disturb
or alter the free flow of any watercourse or inland waterway in the
village.
(12)
Any construction activity near or within the
watershed area, exclusive of village maintenance and operations of
water and recreation facilities, shall be classified as a Type I action
under the State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Art. 8 of the Environmental
Conservation Law.
(13)
No activity shall be permitted that would accelerate
erosion or runoff or impair the existing drainage patterns.
(14)
It shall be unlawful for any person to fish
in the lakes or inland waterways of the Village of Tarrytown, to set
bait or traps or cast a net, line or hook for or to remove fish or
amphibious creatures from such lakes or waterways or from their immediate
environs without first obtaining a license therefor from the Village
Clerk, which license shall be issued annually. Fishing shall be permitted
only from April 1 through November 30 of any year.
(15)
Licenses for the purposes set forth in Subsection A(14) of this section shall be issued annually upon payment of a fee as set by resolution of the Board of Trustees to residents of the Village of Tarrytown, residents of the Town of Greenburgh (including the villages in the town) and residents of the Town of Mount Pleasant (including the villages in the town) and all persons who are on duty with the Armed Forces. No fee shall be charged to residents of the Village of Tarrytown under the age of 16 years or over the age of 62 years or to members of the Armed Forces of the United States.[2]
[Amended 11-7-2016 by L.L. No. 5-2016]
[2]
Editor's Note: Such fees are on file and available
for inspection in the office of the Village Clerk during regular office
hours.
(16)
No person shall picnic; dine; distribute, sell
or consume food or food products; cast food or food products, waste,
waste materials, debris or trash; or feed ducks, pigeons, birds, turtles,
fish, fowl or other wildlife in, on, about or in the immediate environs
of the lakes and inland waterways of the Village of Tarrytown. It
shall be unlawful for any person to enter or swim in the aforementioned
waterways and lakes.
B.
Penalties shall be as provided in Chapter, 1, General
Provisions, Article II.
[Amended 5-6-1991 by L.L. No. 5-1991]
