Loading...
HomeMy WebLinkAboutPubic Water Supply Protection Rules & Regs Rules And Regulations For Protection From Contamination Of The Public Water Supply Of' The Promulgated by the New York State Commissioner of Health Under Section 1100 of the Public Health Law Pursuant to the authority vested in the State Commiasiam~r of Health by Section 1100 of the Public Health Law, a new section to part 112 Title 10 (/-/e~lth) of the Official Compilation of Codes, Rules and Regulations of the State ag New York to be effective upon filing with the Secretary of State, is here~y raided to mad as f~llows: Section Applicaliaa: The rules and regulations set forth in this Section duly made and enacted in accordance with the provisions of Section 1100-1107 of the Public Health Law shall apply to the well(s) wMch comprise the soume of the public water supply of the' 8aid well(s) are located, '- · The location of boundaries designated for the aquifer, aquifer recharge area, and watershed tributary area which comprise the public water supply watershed are described on a map filed with the New York State Commissioner of Health, Albany, New York, and with the Village Clerl~ of th~' _. B. Definitions 1. Agricultural associated animal waste shall mean manure obtained from agricultural industries. 2. Aquifer shall mean the water-saturated subsurface geologic formations which are now or may subsequently be developed for use as public water supply sources. Aquifer recharge area shall mean the land area where precipitetion, snow, and rain, percolates directly through the ground to an aquifer and shall be delimited by the Commissioner of Health. The aquifer recharge area shall also be known as Zone II-G as delineated on maps filed with the New York State Commissioner of Health and with the Village Clerk of the Village of Minbrook. Best management practices shall mean those methods and practices which are developed and adopted by the New York State Department of Environmental Conservation to control non-point sources of pollution. Chloride salt shall mean the solid compounds or the solutions of potassium chlo~fide (commonly used as fertilizer), calcium chlm~ide (commonly used for winter road maintenance) or sodium chloride (commonly used for winter road maintenance and water softener regeneration). Composting toilet or d~"/toilet shall be any receptacle for human excreta and/er kitchen waste which is a self-contained unit requiring periodic removal of composed material. Disposal shall mean the discharge, deposit, injection, dumping, spilling, leaking, or placing of any refuse~ solid waste,' hazardous waste, or pollutant into or on any land or water so that such solid waste, refuse, or hazardous waste or any constituent 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. Disvosal facility shall mean a facility or part of a facility at which solid waste, refuse, toxic substances or hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. Environmental impact assessment shall be as defined in 6 NYCRR 617, a written evaluation prepared by a permit applicant which provides a description of a proposed project or development and a detailed analysis of its environmental effects. Fertilizers '(a~tificlal) shall be any commercially produced mixture generally containing phosphorous, nitrogen, and potassium which is applied to the ground to increase nutrients to plants. Flood plain shall be the 100-year high water level of streams, ponds, estuaries, and lakes. Ground water shall be any water beneath the land surfaco in the saturated zone that is under atmospheric or artesian pressure. Hazardous waste shall mean those wastes identified as hazardous or acutely hazardous or listed in 6 NYCRR 370-373. Herbicide shall mean any substance used to destroy or inhibit plant growth. Human excreta shall mean human feces and urine. d~unkyard shall mean an area where two or more unregistered, old, or secondhand motor vehicles are being accumulated for purposes of abandonment, disposal, resale of used parts, or reclaiming of certain materials such as metal, glass, fabric, plastic, etc. Land application of wastewater shall be the distribution of municipal or industrial wasteWater by spray irrigation or direct flow, over the land surface with or without an underdrain system and point discharge(s). Linear distance shall mean 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. Manure shall mean animal feces and urine. Non-agricultural associated animal waste shall mean manure obtained from non- agricultural industries. Non-point discharge shall mean discharges resulting from facilities, systems and activities which are not specifically covered by effluent limitation permits issued pursuant to 6 NYCRR 750-758.' Pesticide shall mean any substance used to destroy or inhibit pests such as rodents and insects. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Petroleum shall mean oil of any kind including, but not limited to refined or unrefined oil, petroleum, gasoline, kerosine, fuel oil, waste oil, oil refuse, and oil mixed with wastes other than dredged spoil. Point Source discharge shall mean discharges resulting from facilities systems and activities which are covered and operate under a permit issued pursuant to 6 NYCRR 750-758. Pollutant shall mean dredge spoil, solid waste, hazardous waste, incinerator residue, ash, sewage, garbage, refuse, sewage sludge, chemical waste, biological materials, radioactive, m~terials, heat, wrecked or discarded domestic, commercial or industrial equipment or appliances, cock, sand, cellar dirt, construction debris, and industrial, municipal and agricultural waste discharged into surface or subsurfaee water. Radioactive material shall mean 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. Refuse shall mean all putrascible and non-putrescible solid wastes including garbage, manure, rubbish, ashes, incinerator residue and ash, street cleanings, dead animals, offal, and solid commercial and industrial wastes. Refuse disposal 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 such land, or any part of a farm on which only animal wastes resulting from the operation of such farm are deposited. Reservoir shall mean any natural or artificial lake or pond which is tributary to or serves as a source of the community water supply. Septage shall be that residue removed from on-site wastewater disposal systems. Sewa~Le 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. Sewage disposal system shall mean any system, including collection and distribution pipes, used for disposing of sewage, including an on-site disposal system and its seepage unit. Sewage system cleaner or additive shall be as defined in Article 39-0103 of the Environmental Conservation Law. Sludge shall be the solid residue resulting from a municipal or industrial process or wastewater or water treatment but does not include the liquid stream of effluent. Solid waste shall mean those wastes listed as solid waste in 6 NYCRR 360-364 and 6 NYCRR 370-373. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. Stream shall mean any of the flowing surface waters located within the boundaries of the water supply source protection surveillance zones. Storage shall mean a facility for the temporary or periodic containment of liquid or solid waste, refuse, and hazardous or toxic substances or waste. Such a facility may consist of, but not be limited to, natural caves or depressions, above ground or below ground tanks, mobile storage tanks, trucks, surface impoundments, warehouses, and storage buildings or sheds. Suvolier of Water shall mean the V"_';:~: ~ ~ ~ ......... Surveillance zone shall be the ground water management zones as delineated on the water supply source protection map and described herein. They shah be designated Zone I-G, Zone II-G, and Zone IiI-G. Toxic substance shall mean any toxic organic or inorganic substance as defined by subdivision Cwo of Section 4801 of the Public Health Law. Treatment works shah mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to a sanitary landfill, or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage. Watershed tributary to aquifer recharge area shall mean that land area delimited by the Commissioner of Health which is the tributary surface from which the aquifer is replenished by runoff to the aquifer recharge area. The watershed tributary to the aquifer recharge area shah also be known as Zone III-G as delineated on maps filed with the New York State Commissioner of Health and with the Village Clerk of the VY.i-~_ _f ..... - ' Water supply shall mean the public water supply of the Watercourse shall mean every spring, stream, wetland, marsh, and channel or conduit of water of any kind which flow or may flow into the community water supply. Watershed shall mean that land area which contributes surface water to a specific stream, aquifer or aquifer recharge area or delineated portion(s) thereof. Well shall be any present and future artificial excavation used as a source of public water supply which derives water from the interstices of the rocks or soils which it penetrates including bored wells, drilled wells, driven wells, infiltration galleries, and trenches with perforated piping, but excluding ditches or tunnels, used to convey groundwater to the surface. Well head shall mean the infiltration galleries and associated pipes and pumping facilities of the public water supply system ~,~_~n *_h: ±~.~" .... ~'~.1. *~.~[~:~ ~j' 49. 50. 51. 52. tho ..-~C ..... u.~,~ ~oenu~ed ~.~ ~ ~ ............... ~t ti,Lc .4.'__ Well head p~cQon a~a sh~l me~ the ~ panel o~ by ~e supplier of ~r--~- -~ '~- ~ ...... ~ch con. ns ~e public ~r supply fa~lifies and the well cone of dep~ssion. This sh~l Eso be kn~ ~ Zone I-G ~ de~nea~d on maps ~ed ~ ~e New York S~te Commissioner of He~ and ~th the Villa~ Clerk of Zone I-G shall be the well head protection area. Zone II-G shall be the aquifer recharge area. Zone III-G shall be the watershed tributary to the aquifer recharge area. II. General Provisions Permits and approvals by state agencies or political subdivisions shall not be issued for the manufacture, use, storage, disposal or discharge of any products, materials or by-products, such as refuse, liquid wastes, solid wastes, incineraWr residue and ash, hazardous wastes or any pollutant within the identified ground water management zones which may adversely affect the quality of water supply sources, including but not limited to: SPDES permits; on- site sanitary disposal systems; land application of municipal or industrial wastewater; disposal wells; recharge basins; solid waste management facilities; hazardous waste management facilities; biological waste; septege, sewage and sludge disposal; manufacturing, storage, transportation, use and disposal of hazardous and toxic materials; radioactive materials; wastewater lagoons and pit~; and pesticide or herbidde storage and use. Any permits must be in conformance with these rules and regulations and insure that the standards for raw Water quality as contained in 10 NYCRR 170 and 6 NYCRR 703 are met. No systems, facilities or activities which would adversely affect existing water quality are to be permitted. All water suppliers in the area and local health offices shall be afforded an opportunity to comment on the permit applications for systems, facilities and activities in the zones before action is taken, and copies of all permits issued shall be sent to these agencies. Permit applications shall be sent to the water supply interests within 10 days of receipt, 30 days shall be allowed for review and comment by the interested agencies. No response shall be considered as having no objections. Copies of permits issued shall be sent to the interested agencies on the date of issuance. Exceptions to the rules and' regulations may be granted by the Commissioner of Health after appropriate study and review, based on prior usage or unique local conditions if, in his judgement, the health and safety of the consuming public will be protected because of treatment provided or other remecli~! action taken. Such exceptions shall be given in writing and only given a~-ter a hearing on the question has been held. Environmental impact assessments shall be prepared by all state and local agencies covering continuing and proposed program activities including but not limited to: mining activities, roadway construction, building construction and renovation, and activities affecting streams or water quality under 6 NYCRR 608. All such continuing program reviews shall be completed by January 1, 1990, and filed with the Commissioner of Health. Project reviews shall be completed in the early planning stages. The commissioner may require a full environmental impact statement in accord with 6 NYCRR 617 if the environmental review warrants. Any significant change in program activities requires an environmental assessment. All program environmental assessments shall be revised and updated every five years. An inventory and census shall be initiated and updated annually at the time of inspections conducted in accordance with section G below by the supplier of water of all systems, facilities and activities in the surveillance zones that may contribute to water supply source contamination including, but not limited to: land use, 2. population, 3. on-site disposal systems, 4. dwelling units, §. domestic animals, 6. pesticide and herbicide storage and use, 7. deicing salt storage and application, 8. landfills and dumps, 9. wastewater storage pits and lagoons, 10. animal waste storage, 11. land application ofwastewater, sludge and septage disposal, 12. disposal wells,. 13. recharge basins, 14. toxic waste manufacture, storage, transportation and use, 15. fertilizer storage and application, 16. surface and underground storage of gasoline, oil or other potentially contaminating materials, 17. commercial and industrial activity, 18. point source discharges, 19. storm sewer discharges, 20. junkyards, 21. agricultural activity, 22. accidental spills, 23. soil erosion control practices, and 24. permits issued to regulate systems, facilities and activities. iV. Specific Regulations: Zone I-G All land shall be protected and controlled through direct ownership of the land or through the acquisition of protective easements or other appropriate measures by the owner of the water supply in order to prevent pollution of the ground or ground water. All systems, facilities, and activities are prohibited except for physical pumping and treatment facilities and controls. The area shall not be used for any purpose other than public water supply. ~* ~ ..... :~-~--~ ~ _ ~ .... +~ ............... All well heads and containment buildings must be in conformance with federal, state and local flood plain management or similar regulations or ordinances to prevent their contamination by flood waters. This area shall further be protected from pollution by surface waters originating outside thereof by the construction of suitable diversion ditches or embankments. The development of the water sources shall be so carried out that there shall be no opportunity for pollution to enter the water sources. The physical pumping facilities and controls shall be protected against damage from tampering by fencing or other suitable enclosures or by their manner of construction and installation. v. The area shall be posted prohibiting trespass for any purpose. Specific Regulations: Zone II-G On-site Disposal Systems a° All sewage or wastewater disposal systems receiving domestic/residential type sewage in quant/ties of less than 1,000 gallons per day shall be designed, installed and maintained in accordance with the standards established in 10 NYCRR 75 (AppendLx 75A) and any sewage disposal standards promulgated by the .IL ..... - ~ l lin where such standards are more stringent. Where required, permits for the installation of subsurface sewage or wastewater disposal systems shall be obtained. All sewage and wastewater disposal systems receiving domestic/residential or industrial type waste in quantifies in excess of 1,000 gallons per day shall be designed, installed and main~a/ned in accordance with the applicable standards and permit requirements of the Department of Environmental Conservation pursuant to Environmental Conservation Law 17-0803. c. Disposal wells and cesspools are prohibited. d. The use of sewage system cleaners or additives are prohibited. e. Where rapid percolation is indicated, such as in rock fissures, the use of subsurface disposal systems may be prohibited. f. Where there is evidence that chloride and/or nitrate concentrations exist at or above 50 percent of their respective maximum contamination levels at the wells, the density of subsurface seepage systems may be limited by requiring minimum lot sizes or sewers for future development. ii. Point Discharge Point source discharges are prohibited unless treatment is provided pursuant to a valid permit issued pursuant to 6 NYCRR 750-758. iii. Septage and Sludge a. Land application of septage, sludge or human excreta is prohibited. b. Storage of septage, sludge or human excreta is prohibited. e. Disposal of septage or sludge is prohibited. iv. Stormwater Runoff Recharge Basins Use of stormwater recharge basins is prohibited. v. Snow Disposal The stockpiling or dumping of snow removed from urban areas is prohibited. vi. Disposal Facilities, Refuse Disposal Areas and Junkyards a. The establishment of disposal facilities, refuse disposal areas and junkyards is prohibited. A comprehensive monitoring program for existing and abandoned diaposal facilities and refuse disposal areas in accordance with 6 NYCRR 360-364 is required. vi]. Animal Wastes Areas utilized for the storage, stockpiling or disposal of agriculturel associated animal waste shall be constructed and maintained such that seepage, leachate or runoff from storage or stockpiling of animal waste cannot reach the groundwater. Measures to prevent contamination of groundwater from the storage or stockpiling of animal waste may include, but not be limited to, subsurface pads or liners, drainage diversion ditches, berms, weatherproof structures, and impervious covers. Sanitary Sewer ~onstruction New sewers designed for the collection of sewage or wastewater for conveyance to a sewage d~sp~sal system, or any commercial or industrial use, shall meet AWV~A specifications for water mains as a minimum. Remedial measures shall be taken by the sewer owner if evidence indicates excessive infiltration or exfiltration is occurring. Hazardous and Toxic Substances and Wastes Storage of hazardous or toxic substances identified by the U.S. Environmental Protection Agency or the Department of Environmental Conservation is prohibited. Disposal of hazardous or toxic substances or wastes is prohibited. Hazardous or toxic substances or wastes shall not be buried in the soil, spread upon the surface on the ground, or allowed to enter ground waters. Transportation of hazardous or toxic substances or wastes is prohibited except under permit issued by the Department of Transportation or the Department of Environmental Conservation. ~ Wastewater Lagoon and Pits Use of wastewater lagoons and pits for storage or disposal of wastewater is prohibited. Radioactive Material Storage or disposal of radioactive material is prohibited. Transportation of radioactive material is prohibited except under permit ~)f the Department of Transpoi~ation pursuant to A~cle 2, sections A-F of the Transportation Law. Fertilizer Use Open storage of fertilizers for commercial use is prohibited. bo Agricultural use of fertilizers shall be in conformance with best management practices as developed by the State Soil and Water Conservation Committee and as implemented by the preparation and use of farm plans as required by Soil and Water Conservation District Law Section 9, Subdivision 7a. Fertilizer use for nonfarm and nonresidential application shall be in accordance with best management practices as developed under Item b. Pesticide and Herbicide Use All pesticide and herbicide storage, use, disposal, and application shall be under permit as provided in Environmental Conservation Law Article 33. Disposal of containers of unused pesticides and herbicides is prohibited. Disposal of water used for make-up water or for washing of equipment used in conjunction with pesticides and herbicides is prohibited. Petroleum Bulk Storage Installation, operation and maintenance of above ground or underground petroleum storage tanks shall the requirements of 6 NYCRR 610-614. Abandoned petroleum bulk storage tanks shall meet the closure requirements of 6 NYCRR 613. Accidental Spills All petroleum spills shall be reported within two hours to the Department of Environmental Conservation hofline at telephone (518) 457-7362, and cleaned up pursuant to Article 12 of the Navigation Law Sections 170 through 197. Spills, or discharge of any chemical or material likely to have an adverse affect on water quality shall be reported as required by the Environmental Conservation Law section 17-1743. Clean-up of spills or discharges is the responsibility of the owner;, in case of material in transit, clean up is the responsibility of the carrier. The Commissioner of Health shall be advised or' any spills within fot~,-eight hours. Stockpiles Storage of chloride salts' is prohibited except in waterproof buildings or in water tight vessels. b. Storage of coal is prohibited except in water tight buildings or in a water tight surface which prevents seepage and runoff. xvii. Deicing Salt Application Deicing salt use is restricted to the minimum amount needed for public safety in accordance with best management practices as developed by the Department of Transportation. b. Calcium chloride Shall be used instead of sodium chloride where necessary to limit sodium input to waters. xviii. Constru~don and Closure of Wells a. All oil and gas wells shall be constructed in accordance with the requirements of the Department of Environmental Conservation. b. All water supply wells shall be constructed in accordance with the requirements of the Department of Health. c. Ail abandoned wells shall be sealed in accordance with the requirements for water supply, off and gas wells as appropriate. xix. Cemetories All cemeteries shall be operated in accordance with Department of State rules and regulations. xx. Land Use Management Where ground water deterioration is likely to be caused by land development, municipal officials shall insure that appropriate zoning or other controls are implemented to protect the ground water. bo Environmental assessments must be prepared for the following and submitted to the Department of Health for review and comment before any permits are issued: Temporary or permanent excavations or cut-ins which expose ground water, or which significantly reduce the thickness of the soil covir and thereby facilitates the potential for entrance of contaminants into ground waters; 2. The establishment of sand and gravel mining operations; -11 The construction of overhead transmission lines, liquified natural gas lines or other pipelines for materials which can impair water qualiW; and 4. Major surface transportation corridors. d. ii. iii. Specific Regulations: Zone III-G On-site Disposal Systems ALI sewage or wnstswater disposal systems receiving domestic/residential type sewage in quantities of less than 1,000 gallons per day shall be designed, installed and maintained in accordance with the standards established in 10 NYCRR · (Appendix 75A) and any sewage disposal standards promulgated by the ~~1~* where such standards are more stringent. -b. All sewage and wastewater disposal systems receiving domestic/residential or industrial type waste in quantities in excess of 1,000 gallons per day shall be designed, installed and maintained in accordance with the applicable standards and permit requirements of the Department of Environmental Conservation pursuant to Environmental Conservation Law section 17-0803. Disposal wells and cesspools are prohibited. The use of sewage system cleaners or additives are prohibited. Point Discharge Point source discharges are prohibited unless treatment is provided pursuant to a valid permit issued under 6 NYCRR 750-758. Septage and Sludge Land application of septage, sludge or human excreta within 250 linear feet of any stream or watercourse is prohibited. Land application of septage or sludge shall meet the requirements of 6 NYCRR 360-364 and be under permit issued by the Department of Environn~enml Conservation. Land application of human excreta shall be done only under permit issued by the Department of Environmental Conservation or Department of Health as appropriate. Storage or disposal of septage, sludge or human excreta is prohibited unless deposited in trenches or pits at a linear distance of not less than 250 feet from any stream, watercourse or Zone II-G and covered with not less than 1 foot of soil in such manner as to prevent it from being carried into any stream, watercourse or into any Zone II-G by surface runoff. Ail storage or disposal of septage, sludge or human excreta shall be under permit issued by the Department of Environmental Conservation or Department of Health as appropriate. iv. Storm Sewer Outlets Storm sewer outlets shall not discharge directly to streams and watercourses. Storm sewer outlets shah be made to discharge to the surface of the ground 100 feet from any stream or watercourse. v. Snow Disposal The stockpiling or dumping of snow removed from urban areas within 50 feet of any stream, watercourse or Zone II-G is prohibited. Disposal Facility, Refuse Disposal Areas and Junkyards No disposal facility, refuse disposal area or junkyard shall be located within a 250 feet linear distance of any stream, watercourse or Zone II-G. Disposal facilities and refuse disposal areas shall conform to all Department of Environmental Conservation requirements and be under permit. A comprehensive moniWring program for existing and abandoned disposal facilities and refuse disposal areas in accordance with 6 NYCRR 360-364 is required. Animal Wastes Areas utilized for the storage or stockpiling of agricultural associated animal waste shall be constructed and maintained such that seepage, leachate or runoff from storage or stockpiling of animal waste will not be discharged directly into any stream or watercourse. Such seepage, leachate or runoff shall be dispersed over the surface of the ground at a minimum distance of 250 linear feet from any stream or watercourse. Drainage from barnyards, feedloks or yarding areas shall not be discharged directly to any stream or watercourse. Such drainage shall be dispersed over the surface of the ground at a minimum distance of 250 feet linear distance fi'om any stream or watercourse. Co Provision shall be made for satisfactory disposal of milk house waste either by surface or subsurface irrigation that prevents any discharge to any stream or watercourse. Manure shall not be spread on frozen ground if there is any likelihood that surface runoffwill be carried into any stream or watercourse. Hazardous and Toxic Substances and Wastes Storage facilities for hazardous or toxic substances or wastes identified as hazardous or toxic by the U.S. Environmental Protection Agency or the Department of Environmental Conservation must be under permit. Disposal facilities for hazardous or toxic substances or wastes must meet the requirements of 6 NYCRR 370-373. Hazardous or toxic substances or wastes shall not be spread upon the ground, or allowed to enter surface waters. Transportation of hazardous or toxic substances or wastes is prohibited except under permit issued by the Department of Transportation or the Department of Environmental Conservation, Wastewater Lagoons and Pits Lagoons and pits for storage of wastewater shall not be located within 250 linear feet of any stream, watercourse, or Zone II-G. Such lagoons and pits shall be constructed so as to prevent the discharge into any stream, watercourse or Zone H-G ofwastewater due to overflow. Design, construction and maintenance of any lagoon or pit for wastewater storage shall be meet the requirements of the Department of Environmental Conservation or the Department of Health as appropriate. Radioactive Material Above ground or below ground storage or disposal of radioactive material must meet the requirements of 6 NYCRR 380-382 and 10 NYCRR 16. Transportation of radioactive mate~Sal is prohibited except under permit issued by the Department of Transportation pursuant to A~q:icle 2, sections A-F of the Transportation Law. Fertilizer Use Open storage of artificial fel~Alizers for commercial use is prohibited. Agricultural use of fertilizers sh~d] be in conformance with best management practices as developed by the State Soil and Water Conservation Committee and implemented by the preparation and use of farm plans as required by the Soft and Water Conservation District Law, Section 9, Subdivision 7a. Fertilizer use for nonfarm and nonresidential application shall be in accordance with best management practices as developed under Item b. Pesticide and Herbicide Use All pesticide and herbicide storage, use and application shall be under permit as provided in Environmental Conservation Law, Article 33. Disposal of containers of unused pesticides and herbicides is prohibited except in accordance with the permit issued as indicated under Item a. Use of streams for make-up water or washing of equipment used in conjunction with pesticides and herbicides is prohibited. Petroleum Bulk Storage Installation, operation and maintenance of above ground or underground petroleum storage tanks must be carried out pursuant to 6 NYCRR 610-614. Abandoned petroleum bulk storage tanks shall meet the closure requirements of 6 NYCRR 613. Accidental Spills All petroleum spills shall be reported within two hours to the Department of Environmental Conservation hotline at telephone (518) 457-7362, and cleaned up pursuant to Article 12 of the Navigation Law Sections 170 through 197. Spills, or discharge of any chemical or material likely to have an adverse affect on water quality shall be reported as required by the Environmental Conservation Law section 17-1743. Clean-up of spills or discharges is the responsibility of the owner; in case of material in transit, clean up is the responsibility of the carrier. The Commissioner of Health shall be ad~dsed of any spills within fo~yTeight hours. Stockpiles Storage of chloride salts is prohibited within a 500 foot linear distance of an)' stream, watercourse or Zone II-G other than in weather-proof buildings or water*tight vessels. b. Storage of coal is prohibited except in water-tight buildings or on a water-tight surface which prevents seepage and runoff. xvi. Deicing Salt Application Deicing salt use is restricted to the minimum amount needed for public safety in accordance with best management practices as developed by the Department of Transportation. b. Calcium chloride shall be used instead of sodium chloride where possible to limit sodium input to area waters. xv/i. Construction and Closure of Wells a. All oil and gas wells shall be constructed in accordance with the requirements of the Department of Environmental Conservation. b. All water supply wells shall be constructed in accordance with the requirements of the Department of Health. c. All abandoned wells shall be sealed in accordance with the requirements for water supply, oil and gas wells as appropriate. xvlii, Cemeteries All cemeteries shall be operated in accordance with Department of State rules and regulations. xix. Sediment Generation Farm tillage practices shall be in conformance with best management practices as developed by the State Soil and Water Conservation Committee and implemented by the preparation and use of farm plans as required by Soil and Water Conservation District Law, Section 9, Subdivision 7a. Soil erosion and sediment production along streams and watercourses shall be evaluated by the County Soil and Water Conservation District and appropriate remedial action taken where needed. All land disturbing activity including general construction, highway construction, access road construction and maintenance is prohibited except where remedial measures have been put in place to minimize erosion and sediment production. Land Use Management Where deterioration of surface water quality is likely to be caused by land development or use, municipal officials shall insure that appropriate zoning and other controls are implemented to protect such surface waters. All lands or streams, or watercourses draining to public water supply aquifers or aquifer recharge areas, shall be so identified on land use maps and in zoning regulations. Inspections: The officisl~ of the ~ or any 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 well(s) to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid officials to cause copies of any rules and regulations violated to be served upon the persons violating the same, together with notices of such violations, ff such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid officials to promptly notify the State Commissioner of Health of such violations. The aforesaid officials 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 abated and the general condition of the area surrounding the wells at the time of the last inspection. Penalties For~Violation: Penalties for violation of these rules and regulations shall be those specified by Section 1103 of the Public Health Law.