[Adopted 9-28-1988 by L.L. No. 4-1988
(Ch. 98, Art. IX, of the 1975 Code)]
The rules and regulations herein set forth shall
apply to the wells which comprise the source of the public water supply
of the Town of LaGrange including wells that are hereafter drilled
and made part of the public water supply systems in the future. Said
wells are located on land owned by the water districts in the Town
of LaGrange and are situated in the Town of LaGrange as shown on maps
and plans on file with the Town Clerk of said Town.
As used in this article, 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 centerline 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 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 land fill,
or other works not specifically mentioned in this definition, installed
for the purpose of treating, neutralizing, stabilizing or disposing
of sewage.
That department or agency of the Town of LaGrange which is
authorized by the Town Board to operate, maintain and manage the water
supply of the Town and shall include the Town Engineering Inspector.
The public water supply of any public water district located
in the Town of LaGrange.
Shall apply to wells used as a source of public water supply
or to any additional wells which may be constructed at this point
as a source for public water supply.
A.
Cemeteries. No interment of a human body shall be
made within a one-thousand-foot linear distance of the wells.
B.
Chloride salt. No chloride salt shall be stored within
a five-thousand-foot linear distance of the wells 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
five-hundred-foot linear distance of the wells 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 five-hundred-foot linear
distance of the wells.
(2)
No human excreta or sewage shall be deposited or spread
upon or beneath the surface of the ground within a five-hundred-foot
linear distance of the wells.
(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 a five-hundred-foot linear distance of the wells; 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 two-hundred-foot linear distance of
the wells.
(4)
The maximum interval for inspection of sewage disposal
facilities serving year-round residences shall not exceed three years.
All new septic tanks should have a permanent marker visible above
ground to readily make their location known to the Town inspector.
(5)
These restrictions shall not apply to existing subsurface
sewage disposal works installed in accordance with plans submitted
to and approved by the appropriate state agency or officer or other
official health agency or officer having jurisdiction.
E.
Radioactive material. No radioactive material shall
be disposed of by burial in soil, or by any other method in the Town
of LaGrange.
F.
Solid waste.
(1)
Junkyards. No junkyard shall be located within a one-thousand-foot
linear distance of the well.
(2)
Refuse. No refuse shall be deposited on or beneath
the surface of the ground within a one-thousand-foot linear distance
of the wells.
(3)
Refuse disposal area. No refuse disposal area shall
be located within a two-thousand-foot linear distance of the wells.
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 one-thousand-five-hundred-foot
linear distance of the wells.
(1)
This restriction shall not apply to existing buried
(subsurface) fuel oil tanks serving year-round residences installed
in accordance with local and state regulations. Replacement residential
fuel oil tanks shall be placed inside a residential basement area
or buried in an approved leakproof, double walled unit.
(2)
The maximum interval for inspection of buried residential
fuel oil storage tanks serving year-round residences shall not exceed
three years. All buried replacement fuel oil tanks should have a fresh
air inlet pipe visible above ground to readily make their location
known to the watershed inspector.
H.
Trespassing. No trespassing shall be allowed upon
the property of any public water district upon which the wells 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 Town of LaGrange Town Board.
I.
Snow disposal. The stockpiling of snow removed from
urban areas or from public streets or from private property shall
be performed in such a manner that no runoff therefrom will be permitted
within 1,500 linear feet of any public well.
The Water Department of the Town of LaGrange,
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 wells to ascertain whether the rules and
regulations are being complied with. It shall be the duty of the aforesaid
Water Department 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 Water Department to promptly commence the necessary legal
proceedings to enforce the rules and regulations herein adopted and
which legal proceedings shall be brought by the Town of LaGrange in
a court of competent jurisdiction and which legal proceedings may
include an action in Supreme Court for injunctive relief as well as
monetary damages.
In addition to the civil remedies available
to the Town, violation of these rules and regulations can result in
criminal penalties which include a fine of $100 for each violation
as well as imprisonment for up to 30 days for each violation.
