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.