N.Y. Comp. Codes R. & Regs. tit. 10 § 133.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 133.10 - Village of maybrook

(a) Application. The rules and regulations set forth in this section, duly made and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to the infiltration gallery and wells which comprise the source of the public water supply of the Village of Maybrook. Said infiltration gallery and wells are located on land owned by the Village of Maybrook. The infiltration gallery and three wells are located off County Road 4, along Beaverdam Brook, in the Town of Hamptonburgh about a mile southwest of the Village of Maybrook, and one well is located off Route 208 at the village park. These rules shall also apply to any other infiltration gallery, spring or well which may be developed for the purposes of supplying water to the Village of Maybrook.

(b) Definitions.

(1) Agricultural-associated animal waste shall mean manure obtained from agricultural industries.

(2) Chloride salt shall mean 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).

(3) Herbicide shall mean any substance used to destroy or inhibit plant growth.

(4) Human excreta shall mean human feces and urine.

(5) Infiltration gallery shall mean infiltration galleries located on land owned by the Village of Maybrook along the Beaverdam Brook in the Town of Hamptonburgh and used as a source of water supply by the village.

(6) Junkyard shall mean 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.

(7) Linear distance shall mean the shortest horizontal distance from the nearest point of the structure or object to the extension of the centerline of the infiltration gallery or the wells.

(8) Manure shall mean animal feces and urine.

(9) Nonagricultural-associated animal waste shall mean manure obtained from nonagricultural industries.

(10) Pesticide shall mean any substance used to destroy or inhibit pests such as rodents and insects.

(11) Pollutant shall mean 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 and municipal waste and agricultural-and nonagricultural-associated animal waste.

(12) 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.

(13) Radioactive material shall mean any material in any form that emits radiation spontaneously.

(14) Refuse shall mean all putrescible and nonputrescible solid wastes, including garbage, manure, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid commercial and industrial wastes.

(15) Refuse diposal area shall mean 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 agricultural-associated animal wastes resulting from the operation of such farm are deposited.

(16) Sewage shall mean any liquid or solid waste matter from a domestic, commercial, private or industrial establishment which is normally carried off in sewers or waste pipes.

(17) Sewage disposal system shall mean any system used for disposing of sewage.

(18) Sludge lagoon shall mean a pond used to hold sludge from municipal or industrial treatment works or septic tanks.

(19) Toxic substance shall mean any toxic substance as so defined by subdivision 2 of section 4801 of the Public Health Law.

(20) Treatment works shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary landfills, or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.

(21) Watercourse shall mean every spring, stream, marsh or channel of water on the watershed tributary or contributing water to Beaverdam Brook.

(22) Water supply shall mean the public water supply of the Village of Maybrook.

(23) Watershed shall mean the drainage area contributing water to the Beaverdam Brook.

(24) Wells shall mean any well now used as a source of water supply for the Village of Maybrook or any additional wells which may be constructed in the future as a source for such water supply.

(c) 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 standards for raw water quality as contained in Part 170 of this Title.

(d) Specific prohibitions.

(1) Cemeteries. No interment of a human body shall be made within a 500-foot linear distance of the infiltration gallery or the wells.

(2) Chloride salt. No chloride salt shall be stored within a 1,000-foot linear distance of the infiltration gallery or the wells, unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(3) Herbicides and pesticides. No herbicides or pesticides shall be stored, discharged, applied or allowed to remain within a 1,000-foot linear distance of the infiltration gallery or the wells, unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(4) Human excreta and sewage.

(i) 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 500-foot linear distance of the infiltration gallery or the wells.

(ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 500-foot linear distance of the infiltration gallery or the wells.

(iii) 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 500-foot liner distance of the infiltration gallery or 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 100-foot linear distance of the infiltration gallery or the wells.

(5) Junkyards. No junkyard shall be located within a 500-foot linear distance of the infiltration gallery or the wells.

(6) Manure piles. No manure piles or compost heap shall be maintained or allowed to remain within a 500-foot linear distance of the infiltration gallery or the wells; nor shall manure be spread on the surface of the ground on the drainage area of the infiltration gallery within a 500-foot linear distance of the infiltration gallery or the wells.

(7) Places for animals. No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals shall be located or maintained at a distance less than 500 feet from the infiltration gallery or the wells.

(8) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 1,000-foot linear distance of the infiltration gallery or the wells, or otherwise disposed of by any other means within a 1,000-foot to a 2,000-foot linear distance of the infiltration gallery or the wells unless authorization has been obtained from the appropriate State agency having jurisdiction and such burial is in accordance with the provisions of Part 16 of this Title.

(9) Refuse. No refuse shall be deposited in the infiltration gallery nor on or beneath the surface of the ground within a 500-foot linear distance of the infiltration gallery nor in such a manner of or through the ground into the infiltration gallery or the wells.

(10) Refuse disposal area. No refuse shall be located within a 1,000-foot linear distance of the infiltration gallery or the wells.

(11) Sludge lagoons. No sludge lagoon shall be located within a 1,000-foot linear distance of the infiltration gallery or the wells.

(12) Toxic substances. No container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 1,000-foot linear distance of the infiltration gallery or the wells, except as otherwise permitted by the provisions of subparagraph (4)(iii) of this subdivision.

(13) Trespassing. No trespassing shall be allowed upon the property of the Village of Maybrook upon which the infiltration gallery and 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 Village of Maybrook.

(14) Other wastes. No pollutant of any kind shall otherwise be discharged, deposited, or allowed to flow into the watercourse or on or beneath the surface of the ground on the watershed within 500 feet of the infiltration gallery, except as otherwise permitted by the provisions of subparagraph (4)(iii) of this subdivision.

(e) Inspection. The board of trustees of the Village of Maybrook or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the Village of Maybrook or the duly appointed representative of any such board shall make regular and thorough inspections of the infiltration gallery and drainage areas tributary thereto for the purpose of ascertaining whether the above rules and regulations are being complied with; and it shall be the duty of said 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. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the said board to promptly notify the State Commissioner of Health of such violations. The board of trustees 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 yer, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition surrounding the infiltration gallery at the time of the last inspection.

(f) Penalties for violations. Penalties for violations of these rules and regulations shall be those specified by section 1103 of the Public Health Law.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 133.10