New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 112 - Dutchess County › Villages › Section 112.5 - Village of Millbrook

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Application. The rules and regulations set forth in this section duly made and
					 enacted in accordance with the provisions of sections 1100-1107 of the Public
					 Health Law shall apply to the source of the public water supply of the village
					 of Millbrook. Said water supply is located approximately one mile east of the
					 village along NYS Route 44 on land identified as Dutchess County Office of Real
					 Property Tax number 6865-265185. The location of boundaries designated for the
					 protection zones, which comprise the Millbrook public water supply watershed,
					 are described on the watershed protection zone map, dated April 1992 and filed
					 with the New York State Commissioner of Health, Albany, NY, and with the
					 village clerk of the village of Millbrook, Dutchess County, NY, and included as
					 subdivision (j) of this section.
(b) Definitions.
(1) Agricultural associated animal waste
					 shall mean manure obtained from agricultural industries.
(2) Aquifer shall mean a consolidated or
					 unconsolidated geologic formation, group of formations or part of a formation
					 capable of yielding a significant amount of groundwater to wells, springs or
					 infiltration galleries.
(3)
					 Chloride salt shall mean any bulk quantities of chloride compounds and other
					 deicing compounds intended for application to roads, including mixtures of sand
					 and chloride compounds in any proportion where the chloride compounds
					 constitute over eight percent of the mixture. A bulk quantity of chloride
					 compounds means a quantity of 1,000 pounds or more, but does not include any
					 chloride-compounds in a solid form, including granules, which are packaged in
					 waterproof bags or containers which do not exceed 100 pounds each.
(4) Commissioner of Health unless otherwise
					 noted, shall be the Commissioner of Health of the State of New York.
(5) Disposal shall mean the discharge,
					 deposit, injection, dumping, spilling, leaking, or placing of any solid waste,
					 radioactive material, hazardous waste, or wastewater into or on any land or
					 water so that such solid waste, radioactive material, hazardous waste, or
					 wastewater will remain on the land or water and will not be removed.
(6) Environmental assessment form shall be a
					 form used by an agency to assist it in determining the environmental
					 significance or nonsignificance of actions as defined in 6 NYCRR, Part
					 617.
(7) Fertilizers shall be any
					 commercially produced mixture generally containing phosphorous, nitrogen, and
					 potassium which is applied to the ground to increase nutrients to
					 plants.
(8) Flood plain shall be
					 the land contiguous to streams, ponds, estuaries, and lakes which would be
					 inundated by the flood having a one percent chance of being equalled or
					 exceeded in any given year.
(9)
					 Groundwater shall be any water beneath the land surface in the saturated
					 zone.
(10) Hazardous material shall
					 mean any substance listed in or exhibiting characteristics identified in either
					 6 NYCRR Part 371 or 597.
(11)
					 Herbicides shall mean any substance or mixture of substances intended for
					 preventing, destroying, repelling, or mitigating any weed, and being those
					 substances defined as herbicides pursuant to Environmental Conservation Law,
					 section
					 33-0101.
(12) Human excreta shall mean human feces and
					 urine.
(13) Manure shall mean
					 animal feces and urine.
(14)
					 Nonagricultural associated animal waste shall mean manure obtained from
					 nonagricultural industries.
(15)
					 Nonpoint discharge shall mean discharges of pollutants not subject to SPDES
					 (State Pollutant Discharge Elimination System) permit requirements.
(16) Open storage shall mean the holding of a
					 material in a way that the material is exposed to the elements of
					 nature.
(17) Pest shall mean:
(i) any insect, rodent, fungus, weed;
					 or
(ii) any other form of
					 terrestrial or aquatic plant or animal life or virus, bacteria or other
					 micro-organism (except viruses, bacteria or micro-organisms on or in living man
					 or other living animals) which the Commissioner of Environmental Conservation
					 declares to be a pest, as provided by Environmental Conservation Law, section
					 33-0101.
(18) Pesticide shall mean any substance or
					 mixture of substances intended for preventing, destroying, repelling, or
					 mitigating any pest, and any substance or mixture of substances intended for
					 use as a plant regulator, defoliant or desiccant, and being those substances
					 defined as pesticides pursuant to Environmental Conservation Law, section
					 33-0101 et seq.
(19) Point source discharge shall mean
					 pollutants discharged from a point source as defined in Environmental
					 Conservation Law, section
					 17-0105.
(20) Protection zone shall mean any of the
					 watershed management zones, as delineated on the watershed protection zone map,
					 dated April 1992, and included as subdivision (j) of this section and described
					 herein. These zones shall be designated Zone I, Zone II and Zone III.
(21) Radioactive material shall mean any
					 material in any form that emits radiation spontaneously, excluding those
					 radioactive materials or devices containing radioactive materials whose
					 receipt, possession, use and transfer are exempt from licensing and regulatory
					 control pursuant to regulations of the New York State Department of Labor or
					 United States Nuclear Regulatory Commission.
(22) 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.
(23) Recyclables handling
					 and recovery facility shall mean a solid waste management facility, other than
					 pickup and transfer vehicles, at which recyclables are separated from the solid
					 waste stream, or at which previously separated recyclables are collected, for
					 collection, storage, and off-site shipment.
(24) Septage shall be the contents of a
					 septic tank, cesspool, or other individual wastewater treatment work which
					 receives domestic sewage wastes.
(25) Sludge shall be the solid, semi-solid or
					 liquid waste generated from a waste processing facility, but does not include
					 the liquid stream of effluent.
(26)
					 Solid waste shall mean all putrescible and nonputrescible materials or
					 substances discarded or rejected as being spent, useless, worthless or in
					 excess to the owners at the time of such discard or rejection, including but
					 not limited to garbage, refuse, industrial and commercial waste, sludges from
					 air or water control facilities, rubbish, ashes, contained gaseous material,
					 incinerator residue, demolition and construction debris, discarded automobiles
					 and offal but not including sewage and other highly diluted water carried
					 materials or substances and those in gaseous form, and being those wastes
					 defined as solid waste pursuant to Environmental Conservation Law, section
					 27-0701.
(27) Solid waste management facility means
					 any facility employed beyond the initial waste collection process including,
					 but not limited to, transfer stations, bailing facilities, rail haul or barge
					 haul facilities, processing systems, including resource recovery facilities or
					 other facilities for reducing solid waste volume, sanitary landfills,
					 facilities for the disposal of construction and demolition debris, plants and
					 facilities for compacting, composting or pyrolization of solid wastes,
					 incinerators and other solid waste disposal, reduction or conversion
					 facilities, as defined in Environmental Conservation Law, section
					 27-0701 et seq.
(28) Spill shall mean any escape of a
					 substance from the containers employed in storage, transfer, processing, or
					 use.
(29) State Pollutant Discharge
					 Elimination System or SPDES shall mean the system established pursuant to
					 article 17 title 8 of the Environmental Conservation Law for issuance of
					 permits authorizing discharges to the waters of the State of New
					 York.
(30) Stormwater runoff
					 recharge basins shall mean a man-made device capable of retaining surface water
					 runoff to induce groundwater infiltration.
(31) Supplier of water shall mean the village
					 of Millbrook, Dutchess County, NY, incorporated under the laws of New York
					 State. The village of Millbrook is the owner and operator of the public water
					 supply facilities located within the watershed protection zones as described on
					 the watershed protection zone map, dated April 1992, filed with the New York
					 State Commissioner of Health, Albany, NY, and with the village clerk of the
					 Village of Millbrook, Dutchess County, NY, and included as the subdivision (j)
					 of this section.
(32) Wastewater
					 treatment work shall mean any treatment plant, sewer, disposal field, lagoon,
					 pumping station, septic system, collection and distribution pipes, on-site
					 disposal systems and seepage units, constructed drainage ditch or surface water
					 intercepting ditch, or other works not specifically mentioned in this
					 paragraph, installed for the purpose of transport, treatment, neutralization,
					 stabilization, storage, or disposal of wastewater.
(33) Wastewater shall mean aqueous carried
					 waste including, but not limited to, dredge spoil, solid waste, hazardous
					 waste, incinerator ash and residue, septage, garbage, refuse, sludge, chemical
					 waste, infectious waste, biological material, radioactive materials, heat, and
					 industrial, municipal and agricultural waste.
(34) Water supply protection zone shall mean
					 the land area, known as Zone II, delineated on the map, dated April 1992 and
					 filed with the New York State Commissioner of Health and with the village clerk
					 of the village of Millbrook, and included as subdivision (j) of this section.
					 The water supply protection zone includes a portion of the Millbrook stream
					 bed, a portion of the intermittent surface stream network, the southeastern
					 gravel deposit areas of the watershed and other areas of the watershed having
					 gravelly and sandy soils.
(35)
					 Watershed protection zone shall mean the land area, known as Zone III, which is
					 tributary to Zone II and is the tributary surface area from which the aquifer
					 is replenished by runoff. The watershed protection zone is delineated on the
					 map, dated April 1992 and filed with the New York State Commissioner of Health
					 and with the village clerk of the village of Millbrook, and included as
					 subdivision (j) of this section.
(36) Water supply shall mean the public water
					 supply of the village of Millbrook.
(37) Watercourse shall mean every spring,
					 stream, wetland, and marsh, from which water may flow into the village of
					 Millbrook public water supply.
(38)
					 Watershed shall mean that land area which contributes water to a specific
					 stream, aquifer or aquifer recharge area or portion(s) thereof and shall
					 include the three designated protection zones known as Zone I, Zone II, and
					 Zone III.
(39) Well shall mean any
					 present or 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.
(40) Well head protection zone shall mean the
					 +-119.0 acre parcel owned by the supplier of water (identified as tax parcel
					 #6865-265185) located at the confluence of the Shaw Brook and the Mill Brook
					 which contains the public water supply facilities and the well cone of
					 depression. This zone shall also be known as Zone I as delineated on the map,
					 dated April 1992 and filed with the New York State Commissioner of Health and
					 with the village clerk of the village of Millbrook, and included as subdivision
					 (j) of this section.