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:
CHLORIDE SALT
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).
HERBICIDE
Any substance used to destroy or inhibit plant growth.
JUNKYARD
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.
LINEAR DISTANCE
The shortest horizontal distance from the nearest point of
the structure or object to the extension of the centerline of the
well(s).
PESTICIDE
Any substance used to destroy or inhibit pests such as rodents
and insects.
POLLUTANT
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.
RADIOACTIVE MATERIAL
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.
REFUSE
All putrescible and nonputrescible solid wastes, including
garbage, manure, rubbish, ashes, incinerator residue, street cleaning,
dead animals, offal and solid commercial industrial wastes.
REFUSE DISPOSAL AREA
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.
SEWAGE
Any liquid or solid waste matter from a domestic, commercial,
private or industrial establishment which is normally carried off
in sewers or waste pipes.
TOXIC CHEMICAL
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.
TREATMENT WORKS
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.
WATER DEPARTMENT
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.
WATER SUPPLY
The public water supply of any public water district located
in the Town of LaGrange.
WELLS
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.
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.