[Adopted 9-15-1987 by L.L. No. 10-1987]
The rules and regulations set forth in this Part 2 and enacted in accordance with the provisions of §§ 1100 through 1107 of the Public Health Law shall apply to Glenmere Lake and all watercourses tributary thereto or which may ultimately discharge into said Glenmere Lake or which may be developed in the future to serve as sources of the water supply to the Village of Florida.
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 purpose 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
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, heat,
wrecked or discarded equipment, rock, sand, cellar dirt and industrial,
municipal and agricultural wastes.
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 Glenmere Lake.
Any liquid or solid waste matter from 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 landfill
or other works not specifically mentioned in this definition, installed
for the purpose of treating, neutralizing, stabilizing or disposing
of sewage.
Every spring, stream, marsh or channel of water of any kind
which flows or may flow into Glenmere Lake.
The entire drainage area contributing water to Glenmere Lake.
The public water supply of the Village of Florida.
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).
A.
Cemeteries. No interment of a human body shall be
made within a distance of 250 linear feet of any reservoir or watercourse.
B.
Chloride salt. No chloride salt shall be stored within
a distance of 500 linear feet of any reservoir or watercourse except
in weatherproof buildings or watertight vessels.
C.
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.
D.
Human excreta and sewage.
(1)
No human excreta or sewage shall be deposited or allowed
to escape into any reservoir or watercourse on the watershed.
(2)
No human excreta or sewage shall be deposited or spread
upon the surface of the ground at any point on the watershed.
(3)
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 250 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.
(4)
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 distance of 50 linear feet of any reservoir or watercourse except:
(a)
Watertight receptacles.
(b)
Water-flushed toilets connected by a watertight
pipe to a sewage disposal system that has been approved by the appropriate
state agency having jurisdiction over such facilities.
(c)
A properly designed, constructed and operated
treatment works that has been approved by the appropriate state agency
having jurisdiction over such facility.
(5)
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 distance of 50 linear
feet of any reservoir, or watercourse.
(6)
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.
(7)
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 D(3) 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.
(8)
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 D(5) of this section shall comprise the criteria to approve any proposed sewage disposal system.
E.
Radioactive material. No radioactive material shall
be disposed of by burial in soil within a distance of 50 linear feet
of any reservoir or watercourse and not within a distance of 1,000
linear 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).
F.
Recreation.
(1)
Bathing and swimming. No bathing and swimming shall
be allowed in any reservoir or watercourse supplying water to the
Village of Florida.
(2)
Boating. No boating shall be allowed in or upon the
waters of any reservoir or watercourse of the Village of Florida except
by duly authorized employees of the community in the performance of
their duties of supervision and maintenance of the water supply or
by permit issued to Town of Warwick residents only and obtainable
at the Village Clerk's office.
(3)
Fishing and trespassing. No fishing or trespassing
shall be allowed in or upon any reservoir or watercourse of the Village
of Florida within a distance of 300 linear feet of the water supply
intakes except by duly authorized employees of the Village of Florida
in the performance of their duties of supervision and maintenance
of the water supply or by permit issued to Town of Warwick residents
only and obtainable at the Village Clerk's office.
G.
Solid waste.
(1)
Junkyards. No junkyard shall be located within a distance
of 250 linear feet of any reservoir or watercourse.
(2)
Refuse. No refuse shall be deposited on or beneath
the surface of ground within a distance of 250 linear feet of any
reservoir or watercourse.
(3)
Refuse disposal area. No refuse disposal area shall
be located within a distance of 500 linear feet of any reservoir or
watercourse.
H.
Toxic chemicals. No container used for the storage
of toxic chemicals shall be buried beneath the surface of the ground
within a distance of 500 linear feet of any reservoir or watercourse.
I.
Miscellaneous.
(1)
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 of the Village of Florida.
(2)
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 500 feet of any
reservoir or watercourse. This restriction shall not apply to the
effluent from a treatment works installed in accordance with plans
which first have been submitted to and approved by the appropriate
state agency having jurisdiction over such facilities.
The Trustees of the Village of Florida, or any
person or persons charged with the maintenance or supervision of the
public water supply system, shall, by its officers or its duly appointed
representative, make regular and thorough inspections of the reservoir,
watercourses and watershed to ascertain compliance with the rules
and regulations set forth in this Part 2. It shall be the duty of
the aforesaid Trustees of the Village of Florida 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 Trustees of the Village
of Florida to promptly notify the State Commissioner of Health of
such violations. The aforesaid Trustees of the Village of Florida
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 these rules and
regulations shall be those specified by § 1103 of the Public
Health Law.
