[Adopted 3-3-1977 (Ch. 45 of the 1968 Code)]
The rules and regulations set forth in this Part 2 duly made and enacted in accordance with the provisions of §§ 1101 through 1107 of the Public Health Law shall apply to Mombasha Reservoir and all watercourses tributary thereto or which may ultimately discharge into said Mombasha Reservoir or which may be developed in the future to serve as sources of the water supply to the Village of Monroe.
As used in this Part 2, the following terms shall have the meanings indicated:
The solid compounds or the 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 of certain materials, such as metal, glass,
fabric and/or the like.
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.
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 discharged into
water.
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 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 Village of Monroe water supply.
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, constructed 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.
Every spring, strewn, marsh or channel of water of any kind
which flows or may flow into the Village of Monroe water supply.
The entire drainage area contributing water to the Village
of Monroe water supply.
The public water supply of the Village of Monroe.
A.
General prohibitions. 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 170).
B.
Specific prohibitions.
(1)
Cemeteries. No interment of a human body shall be
made within a linear distance of 250 feet of any reservoir or watercourse.
(2)
Chloride salt. No chloride salt shall be stored within
a linear distance of 500 feet of any reservoir or watercourse, except
in weatherproof buildings or watertight vessels.
(3)
Herbicides and pesticides. No herbicides or pesticides
shall be stored, discharged, applied or allowed to enter into any
reservoir or watercourse unless a permit to do so has been obtained
from the appropriate state agency having jurisdiction.
(4)
Human excreta and sewage.
(a)
No human excreta or sewage shall be deposited
or allowed to escape into any reservoir or watercourse on the watershed.
(b)
No human excreta or sewage shall be deposited
or spread upon the surface of the ground at any point on the watershed.
(c)
No human excreta or sewage shall be buried in
the soil on the watershed unless deposited in trenches or pits at
a linear distance of not less than 300 feet from any reservoir or
watercourse and covered with not less than one foot of soil in such
a manner as to effectually prevent its being washed into any reservoir
or watercourse by rain or melting snow.
(d)
No privy receptacle or facilities of any kind
for the deposit, movement, treatment or storage of human excreta or
sewage shall be constructed, placed, maintained or allowed to remain
within a linear distance of 75 feet of any reservoir or watercourse.
(e)
No portion of the seepage unit (tile field,
seepage pit or equivalent) of a subsurface sewage disposal system
shall be constructed, placed or allowed to remain within a linear
distance of 300 feet of any reservoir or watercourse.
(f)
Every watertight receptacle used for containing
human excreta or sewage shall be emptied when the receptacle is filled
to within six inches of the top.
(g)
In emptying a watertight receptacle or in transferring its contents to a transportable receptacle, all necessary care shall be exercised to prevent contamination of any reservoir or watercourse. All such transportable receptacles shall be provided with tightly fitting covers which are securely fastened when transporting wastes to the place of ultimate disposal. The contents of the watertight receptacles shall be disposed of in accordance with Subsection B(4)(c) of this section or at a properly designed, constructed and operated sewage disposal system that has been approved by the appropriate state agency having jurisdiction over such facility.
(h)
Before any existing sewage disposal system is altered or any new sewage disposal system is constructed on the watershed, the plans in relation thereto shall have been first approved by the appropriate state agency having jurisdiction over such facility. Standards for waste treatment works as published from time to time by the appropriate state agency having jurisdiction over such facility and Subsection B(4)(e) of this section shall comprise the criteria to approve any proposed sewage disposal system.
(5)
Radioactive material. No radioactive material shall
be disposed of by burial in soil within a linear distance of 500 feet
of any reservoir or watercourse and not within a linear distance of
1,000 feet of any reservoir or watercourse 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).
(6)
Recreation.[1]
(a)
Bathing and swimming. No bathing and swimming shall be allowed in
any reservoir or watercourse owned by the Village of Monroe.
(b)
Boating. No gasoline-powered engines will be permitted on Mombasha
Reservoir. Launching of boats may only take place at a point designated
by the Village of Monroe Department of Public Works Superintendent.
A permit must be obtained for boating by the Village of Monroe Department
of Public Works Superintendent. Boats must meet standards acceptable
to the Village of Monroe Department of Public Works Superintendent.
[Amended 6-21-2011 by L.L. No. 2-2011]
(c)
Fishing and trespassing. No fishing or trespassing shall be allowed
in or upon any reservoir or watercourse owned by the Village of Monroe
within a linear distance of 1,000 feet of the water supply intakes,
except by duly authorized employees of the Village of Monroe in the
performance of their duties of supervision and maintenance of the
water supply. Permits for fishing in other areas of Mombasha Reservoir
must be obtained by the Village of Monroe Department of Public Works
Superintendent. No fishing shall be allowed from the shoreline of
Mombasha Reservoir.
[Amended 6-21-2011 by L.L. No. 2-2011]
(7)
Solid waste.
(a)
Junkyards. No junkyard shall be located within
a linear distance of 500 feet of any reservoir or watercourse.
(b)
Refuse. No refuse shall be deposited on or beneath
the surface of ground within a linear distance of 500 feet of any
reservoir or watercourse.
(c)
Refuse disposal area. No refuse disposal area
shall be located within a linear distance of 1,000 of any reservoir
or watercourse.
(8)
Toxic chemicals. No container used for the storage
of toxic chemicals shall be buried beneath the surface of the ground
within a linear distance of 1,000 feet of any reservoir or watercourse.
(9)
Miscellaneous.
(a)
Structures. No hut, tent, shelter or building
of any kind, except a waterworks structure, shall be permitted on
the water or ice of any reservoir or watercourse owned by the Village
of Monroe.
(b)
Other wastes. No pollutant of any kind shall
be discharged or allowed to flow into any reservoir or watercourse
or on or beneath the surface of the ground on the watershed within
1,000 feet of any reservoir or watercourse.
(c)
Motorized equipment. No motor-driven equipment
shall be permitted on the water or ice of any reservoir or watercourse
owned by the Village of Monroe, except by duly authorized employees
of the community in the performance of their duties of supervision
and maintenance of the water supply.
The Commissioner of Water Supply 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 reservoir, watercourses and watershed to ascertain whether this Part 2 is being complied with. It shall be the duty of the aforesaid Commissioner of Water Supply 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 Commissioner of Water Supply to promptly notify the State Commissioner of Health of such violations. The aforesaid Commissioner of Water Supply shall report to the State Commissioner of Health, 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 found, the number of notices served, the number of violations abated and the general condition of the watershed at the time of the last inspection.
Penalties for violations of this Part 2 shall be those specified by § 1103 of the Public Health Law.
The rules and regulations for the protection
from contamination of the public water supply of the Village of Monroe,
promulgated by the State Commissioner of Health on June 9, 1939, are
hereby repealed, and the foregoing rules and regulations for the protection
from contamination of the public water supply of the Village of Monroe
are hereby duly made, ordained and established on this third day of
January 1977, pursuant to § 1100 of the Public Health Law,
effective upon filing in the office of the Department of State.
