[HISTORY: Adopted by the Board of Trustees of the Village
of Dryden by L.L. No. 3-1978 (Sec.
620 of the 1996 Code). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The rules and regulations herein set forth apply to all well(s)
which comprise the source of the public water supply of the Village
of Dryden. Said well(s) are presently located on land owned by the
Village of Dryden and are situated on 1) South Street, and 2) Lake
Street in said Village; and at Dryden Lake Park; all such well(s)
being located in the County of Tompkins.
As used in this chapter, the following terms shall have the
meanings indicated:
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).
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, 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
the structure or object to the extension of the center line of the
well(s).
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.
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 ultraviolet light.
All putrescible and nonputrescible solid wastes including
garbage, manure, rubbish, ashes, incinerator residue, street cleaning,
dead animals, offal and solid commercial 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 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, 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 public water supply of the Village of Dryden.
Well(s) now used as a source of this water supply or to any
additional well(s) which may be constructed at this point as a source
for this 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), and such standards as may be hereinafter
modified, amended or altered, as those standards pertain to raw water
quality.
A.
Cemeteries. No interment of a human body shall be made within a 250-foot
linear distance of the well(s).
B.
Chloride salt. No chloride salt shall be stored within a 500-foot
linear distance of the well(s) except in weatherproof buildings or
watertight vessels.
C.
Herbicides and pesticides. No pesticides or herbicides shall be stored,
discharged, applied or allowed to remain within a 500-foot linear
distance of the well(s) unless a permit to do so has been obtained
from the appropriate state agency having jurisdiction.
D.
Human excreta and sewage.
(1)
No privy, privy vault, pit or other receptacle of any kind for either
the temporary storage or the permanent deposit of human excreta or
sewage shall be constructed, located, placed, maintained or allowed
to remain within a 100-foot linear distance of the well(s).
(2)
No human excreta or sewage shall be deposited or spread upon or beneath
the surface of the ground within a 100-foot linear distance of the
well(s).
(3)
No sewage or polluted liquid of any kind shall be discharged or allowed
to flow on or beneath the surface of the ground within 100-foot linear
distance of the well(s), except in watertight pipes connected to a
sewage disposal system or treatment works for which a permit has been
granted by the appropriate state agency having jurisdiction over such
facility. No such watertight pipe shall be located within a fifteen-foot
linear distance of the well(s).
E.
Radioactive material. No radioactive material shall be disposed of
by burial in soil within a 500-foot linear distance of the well(s)
and not within 500-foot to a 1,000-foot linear distance of the well(s)
unless authorization has been obtained from the appropriate state
agency and such burial is in accordance with provisions of Part 10
of Title 10 (Health) of the Official Compilation of Codes, Rules and
Regulations of the State of New York (10 NYCRR Part 16).
F.
Solid waste.
(1)
Junkyards. No junkyard shall be located within a 250-foot linear
distance of the well(s).
(2)
Refuse. No refuse shall be deposited on or beneath the surface of
ground within a 250-foot linear distance of the well(s).
(3)
Refuse disposal area. No refuse disposal area shall be located within
a 500-foot linear distance of the well(s).
G.
Toxic chemicals. No container used for the storage of gasoline, kerosene,
fuel oil, diesel oil or toxic chemicals shall be buried beneath the
surface of the ground within a 500-foot linear distance of the well(s).
H.
Trespassing. No trespassing shall be allowed upon the property of
the Village of Dryden upon which the well(s) 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 of Dryden.
The Board of Trustees of the Village, 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 area surrounding the
well(s) to ascertain whether these rules and regulations are being
complied with.
It shall be the duty of the aforesaid Board of Trustees to cause
copies of any rules and regulations violated to be served upon the
persons violating the same together with notices of such violations
and an order to comply with said rules and regulations.
[Amended 4-10-2014 by L.L. No. 3-2014]
Failure to comply with any of the provisions of this chapter
shall be deemed a violation and the violator shall be punished as
set forth on the Village of Dryden Fine Schedule, which Fine Schedule
may be established by resolution and thereafter amended from time
to time by resolution of the Village Board of Trustees.
In addition to the penalties set forth in § 338-7 of this chapter, the Village may maintain an action or proceeding to enjoin or abate such violation in any court of competent jurisdiction.
Nothing contained herein shall apply to any property within
the linear distances set forth, unless such property shall be within
the incorporated limits of the Village of Dryden, or within any water
district served by the Village of Dryden water supply.
Nothing contained herein shall require the removal or discontinuance of any prohibition as specified in Chapter 350, Zoning, which shall be existing at the time of enactment of this chapter; provided, however, any nonconforming use or activity shall not be extended or it shall not be renewed after it shall have once ceased.
