[HISTORY: Adopted by the Board of Trustees of the Village
of Interlaken as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 116.
[Adopted 9-30-1955]
All applications for the introduction of a supply of water into
any premises or for the extension of any pipe for the conveyance of
such water must be made, in writing, to the Board of Trustees, and
if the applicant is not the owner of the premises, the written consent
of the owner must accompany the application. Where more than one building
or tenant is supplied through one service pipe, in the application
for the supply of such buildings, the owner shall be held responsible
for all water supplied through said service pipe.
A.
All connection with the water main shall be made by the Superintendent
of the waterworks or his representative at the expense of the consumer,
said cost to be as set from time to time by resolution of the Board
of Trustees. All service lines from the curb box will be borne by
the property owner. All digging of trench or ditch for the above service
pipe must be done by the consumer or property owner.[1]
B.
Whenever a leak develops in any water service on the private property
of the consumer, the leak shall be repaired at the expense of the
property owner and inspected by the Superintendent of the waterworks.
Additions or alterations in or about any service pipes shall not be
made by any person except the Superintendent of the waterworks or
his representative.
C.
No person but the Superintendent of the waterworks or his representative
shall turn on the water to any premises.
[Amended 3-12-2020 by L.L. No. 1-2020]
No owner or tenant of any premises supplied with water by the
waterworks will be allowed to supply water to other persons or families
or leave their faucet or fixtures in such shape or position that other
parties may obtain water therefrom. If found so doing, the supply
will be discontinued, and the supply will not be restored until all
sums due for water have been paid and the additional sum of $50 as
a penalty; and, except where special permission is granted by the
Superintendent, each consumer must be supplied by an independent service
pipe from the main. In case two or more parties are supplied with
water from the same service, if either of said parties fail to pay
the water rent when due or fail to comply with any rule of the Board
of Trustees, the Superintendent shall turn off the water from such
pipe until the water rent is paid and the rules strictly complied
with. If any water customer fails to pay water rent (and any penalties
due) when due, the Superintendent shall turn off the water at the
curb until the water rents, and other charges, are paid in full. There
will be a $50 turn-on fee payable to the Village prior to turning
the water back on. Any unpaid water rents and fees shall, annually
upon April 1, be assessed levied upon the Village tax rolls for the
real property legally responsible for fees, benefit assessments, and
taxation for the water supply system fees and charges.
[Amended 1-14-2021 by L.L. No. 1-2021]
A.
All water services shall be metered, the meter to be furnished by
the Village.
B.
The homeowner or other user of such meter is solely responsible to
keep and maintain the meter in proper operating condition, including
protection against freezing.
C.
All homeowners and other users shall allow for the periodic inspection
of all meters, and shall perform any required calibration, maintenance
or repair at their own and sole expense. Where possible, Village DPW
will recalibrate or repair such meter by appointment. If any meter
is broken, damaged, or frozen the owner shall replace same at its
sole and own expense.
D.
If any user or landowner refuses to allow access to the meter, inspections,
repairs, or replacements when required, the Village may shut off the
water at the curb box or other appropriate location. Notwithstanding
this requirement, water shut-off in the event of any emergency does
not require proof of damage or fault in any meter, nor advance notice
of a cessation or interruption of service.
E.
Any cessation or interruption of water service due to the need for
meter (and related parts and connections) inspections, repairs, or
replacements will be restored upon satisfactory completion of such
inspection, repair, or replacement, as determined by DPW.
F.
Tampering with or damaging any meter shall be an offense punishable
as set forth in this Code, and any such act also authorizes the Village
to shut off the water at the curb box or other appropriate location
until proper metering is restored. For purposes of clarity, the Village
has no duty to repair, restore, or replace meters that have been tampered
with or damaged, regardless of whether caused by owner or any third
party, including vandals.
G.
Illicit connections and non-metered connections shall be considered
as theft of services and as theft of utilities and enforced as such
as set forth in this Code, as well as under the Penal Law, and other
laws, of the State of New York.
[Amended 1-14-2021 by L.L. No. 1-2021]
A.
Taps at sinks, washbasins, toilets, baths, urinals, sprinklers and
for other uses must be kept closed when not in actual use and must
not be allowed to leak. If a street washer, sprinkler or hose is found
out of order, leaking or used for any purpose other than permitted,
the water supply will be cut off without previous notice.
B.
Water will not be furnished where there are defective or leaky fixtures.
When discovered, the water supply may be withdrawn unless repaired
immediately and at the expense of the consumer.
C.
All unnecessary waste must be prevented by the consumer.
D.
Whenever the DPW shall issue any mandatory conservation of water
order (a "CWO"), such as but not limited to drought conditions or
other situations where water tables and public supplies are adversely
affected, it shall be an offense, punishable in the manner as set
forth in this Code, to use, or fail to conserve, water in a manner
as required by such CWO. In addition, the Village shall also shut
off the water at the curb box or other appropriate location until
compliance is achieved and demonstrated, including by inspections
if requested or required by DPW. Typical CWO terms may be, for example,
to prohibit the filling of swimming or wading pools, the washing of
vehicles and homes, or the watering of lawns and landscaping coverings.
[Added 4-12-2012 by L.L. No. 1-2012; amended 1-14-2021 by L.L. No. 1-2021]
B.
Additionally, any violation of or noncompliance with § 141-4F respecting damaging and tampering with water meters shall be punishable by a criminal fine of not less than $100 and not more than $250 per offense.
C.
Additionally, any violation of or noncompliance with § 141-5D respecting compliance with and nonviolation of any CWO shall be punishable by a criminal fine of not less than $100 and not more than $250 per offense. Each week that any violation or noncompliance continues shall be and be deemed a separate criminal offense and may be charged as such.
[Adopted 6-11-1992]
The rules and regulations set forth in this section duly made
and enacted in accordance with the provision of §§ 1100
through 1107 of the Public Health Law shall apply to the wells which
comprise the source of the Village of Interlaken. The well is located
on Interlaken Beach Road, in the Town of Covert, Seneca County, New
York. The location of boundaries designated for the aquifer, aquifer
recharge area and watershed tributary area which comprise the Village
of Interlaken public water supply watershed are described on a map
filed with the New York State Commission of Health, Albany, New York,
the Clerk of Seneca County and the Village Clerk of the Village of
Interlaken.
As used in this article, the following terms shall have the
meanings indicated:
Manure obtained from agricultural industries.
The water-saturated subsurface geologic formations which
are now or may subsequently be developed for use as public water supply
sources.
The land area where precipitation, snow and rain percolates
directly through the ground to an aquifer and shall be delimited by
the Commissioner of Health. The aquifer recharge area shall also be
known as "Zone II-G" as delineated on maps filed with the New York
State Commissioner of Health and with the Village Clerk of the Village
of Interlaken.
Those methods and practices which are developed and adopted
by the Department of Environmental Conservation to control nonpoint
sources of pollution.
The solid compounds or the solutions of potassium chloride
(commonly used as fertilizer), calcium chloride (commonly used for
snow and ice management) or sodium chloride (commonly used for snow
and ice management and water softener regeneration).
Any receptacle for human excreta and/or kitchen waste which
is a self-contained unit requiring periodic removal of composted material.
The discharge, deposit, injection, dumping, spilling, leaking
or placing of any refuse, solid waste, hazardous waste or pollutant
into or on any land or water so that such solid waste, refuse or hazardous
waste or any constituent thereof may enter the environment or be emitted
into the air or discharged into any waters, including groundwaters.
A facility or part of a facility at which solid waste, refuse,
toxic substances or hazardous waste is intentionally placed into or
on any land or water and at which waste will remain after closure.
As defined in 6 NYCRR Part 617, a written evaluation prepared
by a permit applicant which provides a description of a proposed project
or development and a detailed analysis of its environmental effect.
It can be either an environmental assessment form (EAF) or a draft
environmental impact statement as defined in 6 NYCRR Part 617.
Any commercially produced mixture generally containing phosphorus,
nitrogen and potassium which is applied to the ground to increase
nutrients to plants.
That area of land adjacent to a watercourse or other body
of water that is subject to inundation by floodwaters, as determined
on maps prepared to the standards of the Federal Emergency Management
Agency.
Any water beneath the land surface in the saturated zone
that is under atmospheric or artesian pressure and that enters wells
and springs.
Those wastes which are identified as hazardous or acutely
hazardous or which are listed in 6 NYCRR 370-373 pursuant to §§ 27-0903
and 37-0103 of the New York Environmental Conservation Law.
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 or other machinery, equipment or products are being
accumulated for purposes of abandonment, disposal, resale of used
parts or reclaiming of certain materials, such as metal, glass, fabric,
etc.
The distribution of municipal or industrial wastewater by
spray irrigation or direct flow over the land surface, with or without
an underdrain system and point discharge(s).
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.
Animal feces and urine.
Manure obtained from nonagricultural industries.
Pollutants resulting from facilities, systems and activities
which are not specifically covered by effluent permits issued pursuant
to 6 NYCRR 750-758.
Any substance used to destroy or inhibit pests such as rodents
and insects.
Oil of any kind, including but not limited to refined or
unrefined oil, petroleum, gasoline, kerosene, fuel oil, waste oil,
oil refuse and oil mixed with wastes other than dredged spoil.
Pollutants resulting from facilities, systems and activities
which are covered and are required to operate under a permit issued
pursuant to 6 NYCRR 750-758.
Dredge soil, solid waste, hazardous waste, incinerator residue,
sewage, garbage, refuse, sewage sludge, chemical waste, biological
materials, radioactive materials, heat, wrecked or discarded domestic,
commercial or industrial equipment or appliances, rock, sand, cellar
dirt and industrial, municipal and agricultural waste discharged into
surface or subsurface water.
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.
Any material in any form that emits radiation spontaneously.
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 community water supply.
That residue removed from on-site wastewater disposal systems.
Any liquid or solid waste matter from a domestic, commercial
or private or industrial establishment which is normally carried off
in sewers or waste pipes.
Any system used for disposing of sewage, including an on-site
disposal system and its seepage unit.
As defined in § 39-0103 of the Environmental Conservation
Law.
The solid residue resulting from a municipal or industrial
process or wastewater or water treatment which also produces a liquid
stream of effluent.
Those wastes listed as solid waste in 6 NYCRR 360-364 and
6 NYCRR 370-373.
A facility for the temporary or periodic containment of liquid
or solid waste, refuse and hazardous or toxic substances or waste.
Such a facility may consist of, but not be limited to, natural caves
or depressions, aboveground or below-ground tanks, mobile storage
tanks, trucks, surface impoundments, warehouses and storage buildings
or sheds.
Any of the flowing surface waters located within the boundaries
of the water supply source protection surveillance zones.
The Village of Interlaken.
The groundwater management zones as delineated on the water
supply source protection map and described herein. The zones shall
be designated Zone I-G, Zone II-G and Zone III-G.
Any toxic organic or inorganic substance as defined by Subdivision
2 of § 4801 of the Public Health Law.
Any treatment plant, sewer, disposal field, lagoon, pumping
station, septic system, constructed drainage ditch or surface water
intercepting ditch, incinerator, area devoted to a sanitary landfill
or other works not specifically mentioned in this subsection, installed
for the purpose of treating, neutralizing, stabilizing or disposing
of sewage.
The public water supply of the Village of Interlaken.
Every spring, stream, marsh and channel or conduit of water
of any kind which flow or may flow into the community water supply.
Land area which contributes surface water to a specific stream,
aquifer or aquifer recharge area or lake or a delineated portion thereof.
Land area delimited by the Commissioner of Health which is
the tributary surface from which the aquifer is replenished by runoff
to the aquifer recharge area. The watershed tributary to the aquifer
recharge area shall also be known as "Zone III-G" as delineated on
maps filed with the New York State Commissioner of Health and with
the Village Clerk of the Village of Interlaken.
Any present and future artificial excavation used as a source
of public water supply which derives water from the interstices of
the rocks or soils which it penetrates, including bored wells, drilled
wells, driven wells, infiltration galleries and trenches with perforated
piping.
The infiltration galleries and associated pipes and pumping
facilities of the public water supply system within the parcel(s)
owned by the Village of Interlaken.
The area delineated on a map filed with the Commissioner
of Health and the Clerk of the Village of Interlaken and shall include
the well cone of depression. This shall also be known as "Zone I-G."
The wellhead protection area.
The aquifer recharge area.
The watershed tributary to the aquifer recharge area.
A.
Permit application and approval.
(1)
Permits and approvals by state agencies or political subdivisions
shall not be issued for the manufacture, use, storage, disposal or
discharge of any products, materials or by-products such as refuse,
liquid wastes, solid wastes, incinerator residue and ash, hazardous
wastes or any pollutant within the identified groundwater management
zones if the proposed action is determined or suspected to adversely
affect the quality of the Village of Interlaken public water supply.
Actions requiring such approvals and permits include, but are not
limited to: municipal, commercial or industrial uses requiring SPDES
permits; on-site wastewater disposal systems; land application of
municipal or industrial wastewater; disposal wells; recharge basins;
solid waste management facilities; hazardous waste management facilities;
biological waste; septage, sewage and sludge disposal; manufacturing,
storage, transportation, use and disposal of hazardous and toxic materials;
radioactive materials; wastewater lagoons and pits; and pesticide
or herbicide storage and use. Any permits must be in conformance with
these rules and regulations and ensure that the standards for raw
water quality as contained in 10 NYCRR 170 and 6 NYCRR 703 are met.
No systems, facilities or activities which would adversely affect
existing water quality are to be permitted.
(2)
The Village of Interlaken, regional health offices, County Health
Department and the Commissioner of Health shall be afforded an opportunity
to comment on the permit applications for systems, facilities and
activities in the groundwater management zones before action is taken,
and copies of all permits issued shall be sent to these agencies.
Permit applications shall be sent to the water supply interests within
10 days of receipt, and 30 days shall be allowed for review and comment
by the interested agencies. No response shall be considered as having
no objections. Copies of permits issued shall be sent to the interested
agencies on the date of issuance.
B.
Exceptions to the rules and regulations may be granted by the Commissioner
of Health after appropriate study and review. These exceptions may
be granted based upon prior usage or unique local conditions if, in
his judgment, the health and safety of the public served by the Village
of Interlaken water supply will be protected because of treatment
provided or other remedial action taken. Such exceptions shall be
given in writing and only given after a hearing on the question has
been held.
C.
Environmental assessments shall be prepared by all state and local
agencies covering continuing and proposed program activities occurring
within the groundwater surveillance zones, including but not limited
to mining activities, roadway construction, building construction
and renovation and activities affecting streams or water quality under
6 NYCRR 638. All such continuing program review shall be completed
by the effective date of these rules and regulations and filed with
the Commissioner of Health. Project reviews shall be completed in
the early planning stages. The Commissioner may require a full environmental
impact statement in accord with 6 NYCRR Part 617 if the environmental
review warrants. Any significant change in program activities requires
an environmental assessment. All program environmental assessments
shall be revised and updated every five years.
D.
An inventory and census shall be initiated and updated annually at the time of inspections conducted in accordance with § 141-13 of these rules and regulations by the Village of Interlaken of all systems, facilities and activities in the surveillance zones that may contribute to water supply source contamination, including but not limited to:
(1)
Land use.
(2)
Population.
(3)
On-site disposal systems.
(4)
Dwelling units.
(5)
Domestic animals.
(6)
Pesticide and herbicide storage and use.
(7)
De-icing said storage and application.
(8)
Landfills and dumps.
(9)
Wastewater storage pits and lagoons.
(10)
Animal waste storage.
(11)
Land application of wastewater, sludge and septage disposal.
(12)
Disposal wells.
(13)
Recharge basins.
(14)
Toxic waste manufacture, storage, transportation and use.
(15)
Fertilizer storage and application.
(16)
Surface and underground storage of gasoline, oil or other potentially
contaminating materials.
(17)
Point source discharges.
(18)
Storm sewer discharges.
(19)
Junkyards.
(20)
Agricultural activity.
(21)
Accidental spills.
(22)
Commercial and industrial activities.
(23)
Soil erosion control practices.
(24)
Permits issued to regulate systems, facilities and activities.
A.
All land within 100 feet of the well shall be protected and controlled
through direct ownership of the land or through the acquisition of
protective easements or other appropriate measures by the Village
of Interlaken in order to prevent pollution of the ground or groundwater.
B.
All new treatment systems, facilities and activities are prohibited
except for physical pumping and treatment facilities and controls.
Permitted activities within the well head protection area include
use of permanent and seasonal residences by owners or their assigned
lessees. Use of new septic system leach fields is prohibited. All
new domestic wastes shall either be stored in a holding tank, which
shall be pumped out as needed, or a treatment facility shall be provided
which shall be approved by the Seneca County Health Department.
C.
All well heads and containment buildings must be in conformance with
federal, state and local floodplain management or similar regulations
or ordinances to prevent their contamination by floodwaters. This
area shall further be protected from pollution by surface waters originating
outside thereof by the construction of suitable diversion ditches
or embankments. The development of the water sources shall be so carried
out that there shall be no opportunity for pollution to enter the
water source.
D.
The wellhead shall be posted prohibiting trespass for any purpose.
A.
On-site disposal systems.
(1)
All sewage or wastewater disposal systems receiving domestic/residential-type
sewage in quantities of less than 1,000 gallons per day shall be designed,
installed and maintained in accordance with the standards established
in 10 NYCRR 75 (Appendix 75A) and any sewage disposal standards promulgated
by the Seneca County Health Department where such standards are more
stringent. Where required, permits for the installation of subsurface
sewage or wastewater disposal systems shall be obtained.
(2)
A permit is required prior to the installation of any subsurface
disposal system or any system discharging to surface waters. This
permit must be obtained from the Seneca County Health Department.
Conditions for a permit shall include an approved engineering plan,
verification of the percolation rate by a disinterested party and
inspection of the installation prior to backfilling. All septic tanks
shall be pumped clean as needed. Permits for systems discharging to
surface waters shall be obtained from the New York State Department
of Environmental Conservation.
(3)
All sewage and wastewater disposal systems receiving domestic/residential
or industrial type waste in quantities in excess of 1,000 gallons
per day shall be designed, installed and maintained in accordance
with the applicable standards and permit requirements of the Department
of Environmental Conservation pursuant to Environmental Conservation
Law § 17-0803.
(4)
Disposal wells and cesspools are prohibited.
(5)
The use of sewage system cleaners or additives is prohibited.
(6)
Where rapid percolation is indicated, such as in rock fissures, the
use of subsurface disposal systems may be prohibited.
(7)
Where there is evidence that chloride and/or nitrate concentrations
exist at or above 50% of their respective maximum contamination levels
at the wells, the density of subsurface seepage systems may be limited
by requiring larger minimum lot sizes or sewers for future development.
B.
Point discharge. Point source discharges are prohibited unless treatment
is provided pursuant to a valid permit issued under the authority
of 6 NYCRR 750-758.
C.
Septage and sludge.
(1)
Land application of septage, sludge or human excreta is prohibited.
(2)
Storage of septage, sludge or human excreta is prohibited, except
in containers that are approved for use by the Seneca County Health
Department.
(3)
Disposal of septage or sludge is prohibited except as may be permitted
by the Seneca County Health Department.
D.
Stormwater runoff recharge basins. Use of stormwater runoff recharge
basins or dry wells is prohibited.
E.
Snow disposal. The stockpiling of snow removed from roadways treated
with de-icing salts is prohibited within the recharge basin.
G.
Animal wastes. Areas utilized for the storage, stockpiling or disposal
of agricultural associated animal waste shall be constructed and maintained
such that seepage, leachate or runoff from storage or stockpiling
of animal waste cannot reach the groundwater. Measures to prevent
contamination of groundwater from the storage or stockpiling of animal
waste may include, but need not be limited to, subsurface pads or
liners, drainage diversion ditches, berms, weatherproof structures
and impervious covers.
H.
Sanitary sewer construction.
(1)
New sewers designed for the collection of sewage or wastewater for
conveyance to a sewage disposal system or any commercial or industrial
use shall meet American Water Works Association tightness specifications
for water mains as a minimum.
(2)
Remedial measures shall be taken by the sewer owner if evidence indicates
excessive infiltration or exfiltration is occurring.
I.
Hazardous and toxic substances and wastes.
(1)
Storage of hazardous or toxic substances identified by the United
States Environmental Protection Agency or the Department of Environmental
Conservation is prohibited.
(2)
Disposal of hazardous or toxic substances or wastes is prohibited.
(3)
Hazardous or toxic substances or wastes shall not be buried in the
soil, spread upon the surface of the ground or allowed to enter groundwaters.
(4)
Transportation of hazardous or toxic substances or wastes is prohibited
except under permits issued by the Department of Transportation or
the Department of Environmental Conservation.
J.
Wastewater lagoons and pits. Use of wastewater lagoons and pits for
temporary storage of wastewater is prohibited.
L.
Fertilizer use.
(1)
Open storage of artificial fertilizers for commercial use is prohibited.
(2)
Agricultural use of fertilizers shall be in conformance with best
management practices as developed by the State County Soil and Water
Conservation Committee and as implemented by the preparation and use
of farm plans as required by Soil and Water Conservation District
Law, § 9, Subdivision (7)(a).
M.
Pesticide and herbicide use.
(1)
All pesticide and herbicide storage, use, disposal and application
shall be under permit as provided in Environmental Conservation Law,
Article 33.
(2)
Disposal of containers of unused pesticides and herbicides is prohibited.
(3)
Disposal of water used for makeup water or for washing of equipment
used in conjunction with pesticides and herbicides is prohibited.
O.
Accidental spills.
(1)
All petroleum spills shall be reported within two hours to the Department
of Environmental Conservation hotline at telephone (518) 457-7362
and cleaned up pursuant to Article 12 of the Navigation Law, §§ 170
through 197. Petroleum spills shall also be reported to the Watershed
Inspector.
(2)
Spills and discharge of any chemical or material likely to have an
adverse effect on water quality shall be reported as required by the
Environmental Conservation Law § 17-1743. Cleanup of spills
or discharges is the responsibility of the owner; in case of material
in transit, cleanup is the responsibility of the carrier.
Q.
De-icing salt application.
(1)
De-icing salt use is restricted to the minimum amount needed for
public safety in accordance with best management practices as developed
by the New York State Department of Transportation.
(2)
Calcium chloride shall be used instead of sodium chloride where necessary
to limit sodium input to groundwater, watercourses and bodies of water
within the surveillance zone.
R.
Construction and closure of wells.
(1)
All oil and gas wells shall be constructed in accordance with the
requirements of the Department of Environmental Conservation.
(2)
All water supply wells shall be constructed in accordance with the
requirements of the Department of Health.
(3)
All abandoned wells shall be sealed in accordance with the requirements
for water supply, oil and gas wells as may be appropriate.
S.
Cemeteries. All cemeteries shall be operated in accordance with New
York State Department of State rules and regulations.
T.
Land use management.
(1)
Where groundwater deterioration is likely to be caused by land development,
municipal officials and the Seneca County Department of Health shall
ensure that appropriate land use controls are implemented to protect
the groundwater.
(2)
Environmental assessments must be prepared for the following and
submitted to the Seneca County Department of Health for review and
comment before any permits are issued:
(a)
Excavations or cut-ins which expose groundwater or which significantly
reduce the thickness of the soil cover and thereby facilitates the
potential for entrance of contaminants into groundwaters.
(b)
The establishment of sand and gravel mining operations.
(c)
The construction of overhead transmission lines, liquefied natural
gas lines or other pipelines for materials which can impair water
quality.
(d)
Major surface transportation corridors.
A.
On-site disposal systems.
(1)
All sewage or wastewater disposal systems receiving domestic/residential
type sewage in quantities of less than 1,000 gallons per day shall
be designed, installed and maintained in accordance with the standards
established in 10 NYCRR 75 (Appendix 75A) and any sewage disposal
standards promulgated by the Seneca County Health Department where
such standards are more stringent.
(2)
A permit is required prior to the installation of any subsurface
disposal system. This permit must be obtained from the Seneca County
Health Department. Conditions for a permit shall include an approved
engineering plan, verification of the percolation rate by a disinterested
party and inspection of the installation prior to backfilling. All
septic tanks shall be pumped clean as needed.
(3)
All sewage and wastewater disposal systems receiving domestic/residential
or industrial type waste in quantities in excess of 1,000 gallons
per day shall be designed, installed and maintained in accordance
with the applicable standards and permit requirements of the Department
of Environmental Conservation pursuant to Environmental Conservation
Law § 17-0803.
(4)
The use of sewage system cleaners or additives is prohibited.
(5)
Disposal wells and cesspools are prohibited.
B.
Point discharge. Point source discharges are prohibited unless treatment
is provided pursuant to a valid permit issued under 6 NYCRR 750-758.
Point source discharges to any watercourse are prohibited unless treatment
equivalent to sand filtration and disinfection is provided for domestic
wastewater and equivalent treatment for industrial wastewaters. All
effluents shall meet drinking water standards. Any SPDES permits granted
for discharges into Lively Run or its tributaries shall meet standards
established by the New York State Department of Environmental Conservation
by the effective date of these rules and regulations.
C.
Septage and sludge.
(1)
Land application of septage, sludge or human excreta within 250 linear
feet of any stream or watercourse is prohibited.
(2)
Land application of septage or sludge shall meet the requirements
of 6 NYCRR 360-364 and be under permit issued by the Department and
Environmental Conservation.
(3)
Land application of human excreta shall be done only under permit
issued by the Department of Environmental Conservation or the Department
of Health as appropriate.
(4)
Storage or disposal of septage, sludge or human excreta is prohibited
unless deposited in trenches or pits at a linear distance of not less
than 250 feet from any stream, watercourse or Zone II-G and covered
with not less than one foot of soil in such manner as to prevent it
from being carried into any stream, watercourse or into any Zone II-G
by surface runoff. All storage or disposal of septage, sludge or human
excreta shall be under permit issued by the Department of Environmental
Conservation or Seneca County Department of Health as may be appropriate.
D.
Storm sewer outlets. Storm sewer outlets shall not discharge directly
to Lively Run or its tributaries. Provisions shall be made to discharge
to the surface of the ground a minimum of 100 feet from any stream,
watercourse or Zone II-G. Stormwater detention shall be required for
all major subdivisions at the discretion of the Village's engineering
consultant.
E.
Snow disposal. The dumping of snow removed from streets, roads and
parking areas directly into any watercourse or body of water is prohibited.
F.
Disposal facilities, refuse disposal areas and junkyards.
(1)
No disposal facility, refuse disposal area or junkyard shall be located
within a two-hundred-fifty-foot linear distance of any stream, watercourse
or Zone II-G.
(2)
Disposal facilities and refuse disposal areas shall conform to all
Department of Environmental Conservation requirements and be under
permit.
(3)
A comprehensive monitoring program for existing and abandoned disposal
facilities and refuse disposal areas in accordance with 6 NYCRR 360
is required.
G.
Animal wastes.
(1)
Areas utilized for the storage or stockpiling of agricultural associated
animal waste shall be constructed and maintained such that seepage,
leachate or runoff from any storage or stockpiling of animal waste
will not be discharged directly into any stream or watercourse or
into the recharge area. Such seepage, leachate or runoff shall be
dispersed over the surface of the ground at a minimum distance of
250 linear feet from any stream or watercourse.
(2)
Drainage from barnyards, feedlots, yarding areas or manure piles
shall not be discharged directly to any watercourse or to the recharge
area. Such drainage shall be dispersed over the surface of the ground
at a minimum distance of 250 feet linear distance from any watercourse.
(3)
Provision shall be made for satisfactory disposal of milk house waste
either by surface or subsurface irrigation that prevents any discharge
to any watercourse or Zone II-G. Such facilities shall be located
at least 100 feet linear distance from any watercourse or Zone II-G.
(4)
Manure shall not be spread on frozen ground if there is any likelihood
that surface runoff will be carried into streams.
H.
Hazardous and toxic substances and wastes.
(1)
Storage facilities for hazardous or toxic substances or wastes identified
as hazardous or toxic by the United States Environmental Protection
Agency or by the New York State Department of Environmental Conservation
must be under permit.
(2)
Disposal facilities for hazardous or toxic substances or wastes must
meet the requirements of 6 NYCRR 370-373.
(3)
Hazardous or toxic substances or wastes shall not be spread upon
the ground or allowed to enter surface waters.
(4)
Transportation of hazardous or toxic substances or wastes is prohibited
except under permit issued by the Department of Transportation or
the Department of Environmental Conservation.
I.
Radioactive material.
(1)
Aboveground or below-ground storage or disposal of radioactive material
must meet the requirements of 6 NYCRR 380-382 and 10 NYCRR 16.
(2)
Transportation of radioactive material is prohibited except under
permit issued by the Department of Transportation pursuant to Article
2, § 14-f, Subdivision 1(a) through (f), of the Transportation
Law.
J.
Wastewater lagoons and pits.
(1)
Lagoons and pits for storage of wastewater shall not be located within
250 linear feet of any stream, watercourse or Zone II-G. Such lagoons
and pits shall be constructed so as to prevent the discharge into
any stream, watercourse or Zone II-G of wastewater due to overflow.
(2)
Design, construction and maintenance of any lagoon or pit for wastewater
storage shall meet the requirements of the Department of Environmental
Conservation or the Department of Health as appropriate.
K.
Fertilizer use.
(1)
Open storage of artificial fertilizers for commercial use is prohibited.
(2)
Agricultural use of fertilizers shall be in conformance with best
management practices as recommended by the State Soil and Water Conservation
Committee and implemented by the preparation and use of farm plans
as required by the Soil and Water Conservation District Law, § 9,
Subdivision (7)(a).
(3)
Fertilizer use for nonfarm and nonresidential application shall be in accordance with best management practices as developed under Subsection K(2).
(4)
Residential use of fertilizers shall be according to the manufacturer's
package instructions or as recommended by the Cornell Extension Service.
L.
Pesticide and herbicide use.
(1)
All pesticide and herbicide use, storage and application shall be
under permit as provided in Environmental Conservation Law Article
33.
(2)
Disposal of containers of unused pesticides and herbicides is prohibited except in accordance with the permit issued as indicated under Subsection L(1).
(3)
Use of streams for makeup water or washing of equipment used in conjunction
with pesticides and herbicides is prohibited.
M.
Accidental spills.
(1)
All petroleum spills shall be reported within two hours to the Department
of Environmental Conservation hotline at telephone (518) 457-7362
and cleaned up pursuant to Article 12 of the Navigation Law, §§ 170
through 197. Petroleum spills shall also be reported to the Watershed
Inspector.
(2)
Spills or discharge of any chemical or material likely to have an
adverse effect on water quality shall be reported as required by the
Environmental Conservation Law § 17-1743. Cleanup of spills
or discharges is the responsibility of the owner; in case of material
in transit, cleanup is the responsibility of the carrier.
(3)
The Commissioner of Health shall be advised of any accidental spills
within 48 hours.
O.
Stockpiles.
(1)
Storage of chloride salts is prohibited within a five-hundred-foot
linear distance of any stream, watercourse or Zone II-G, except in
weatherproof buildings or watertight vessels.
(2)
Storage of coal is prohibited except in watertight buildings or in
a watertight containment which prevents seepage and runoff.
P.
De-icing salt application.
(1)
De-icing salt use is restricted to the minimum amount needed for
public safety in accordance with best management practices established
by the Department of Transportation.
(2)
Calcium chloride shall be used instead of sodium chloride where possible
to limit sodium input groundwater, watercourses and bodies and water
within the surveillance zone.
Q.
Cemeteries. All cemeteries shall be operated in accordance with Department
of State rules and regulations.
R.
Sediment generation.
(1)
Farm tillage practices shall be in conformance with best management
practices as developed by the State Soil and Water Conservation Committee
and implemented by the preparation and use of farm plans as required
by the Soil and Water Conservation District Law, § 9, Subdivision
(7)(a).
(2)
Soil erosion and sediment production shall be evaluated by the County
Soil and Water Conservation District and appropriate remedial action
taken where needed.
(3)
All land disturbing activity, including general construction, highway
construction, access road construction and maintenance, is prohibited
except where remedial measures have been put in place to minimize
erosion and sediment production.
S.
Land use management.
(1)
Where deterioration of groundwater or surface water is likely to
be caused by land development or use, the municipal officials and
the Seneca County Department of Health shall ensure that the appropriate
land use management ordinances are implemented to protect the groundwater.
(2)
All lands or tributary streams draining to public water supply aquifers
shall be so identified on land use maps and in land use regulations.
A.
The officials of the Village of Interlaken, through the Supervisor
of Maintenance ("Supervisor"), shall make regular and thorough inspections
of the surveillance zones to ascertain compliance with the rules and
regulations set forth in this section. The Supervisor shall note in
his or her operator's report every month whether or not any violations
have been noted.
B.
It shall be the duty of the Supervisor to cause copies of any rules
and regulations violated to be served upon the persons violating the
same. Upon the first violation, the violator shall be provided with
a timetable of compliance for correcting the violation. Upon failure
to comply with the timetable, the violator shall be served with notice
of such violations in the form of an appearance ticket. The ticket
shall direct the recipient to appear in the town or Village court
having appropriate jurisdiction.
C.
If such persons served with the appearance ticket do not immediately
comply with the rules and regulations, it shall be the further duty
of the Supervisor to promptly notify the Seneca County Health Department
of such violations.
D.
The Supervisor shall report to the State Commissioner of Health and
to the Seneca County Health Department, 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 abated and
the general condition of the surveillance zones at the time of the
last inspection.
