Part 155 - Westchester County

Effective Date: 
Wednesday, December 13, 2000
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Sec. 1100

CITIES

Section 155.1 - City of Yonkers

CITIES

Section 155.1 City of Yonkers. (a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law) shall apply to Grassy Sprain Brook, from its sources to the dam forming the Grassy Sprain Reservoir; Sprain Brook, from its sources to a point where it is diverted into the Grassy Sprain Brook, including the diversion canal from Sprain Brook to Grassy Sprain Brook; Nepperham River, also known as Saw Mill River, from its sources to the intake of the filtration plant of the City of Yonkers; the low service distributing reservoir known as Fort Field Reservoir; the small reservoir at the high service pumping station on Lake Avenue and to all natural and artificial reservoirs on the aforementioned streams and all watercourses tributary thereto or ultimately discharging into said streams and reservoirs, these bodies of water being sources of the public water supply of the City of Yonkers.

(b) Definitions. (1) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and filter basins), stream, ditch, gutter or other channel of any kind, the waters of which, when running whether continuously or occasionally, eventually flow or may flow into the public water supply of the City of Yonkers.

(2) Wherever a linear distance of a structure or object from a reservoir or from a watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 100 feet of any reservoir or within 50 feet of any watercourse tributary to the public water supply of the City of Yonkers.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 150 feet of any reservoir or within 75 feet of any watercourse tributary to the public water supply of the City of Yonkers.

(3) No cesspool, pit or other receptacle of any kind used for the temporary storage of human excreta or sewage shall be constructed, located, maintained or allowed to remain between the limiting distances prescribed by paragraph (1) of this subdivision and the limiting distances prescribed by paragraph (2) of this subdivision unless said cesspool, pit or other receptacle is made watertight and so arranged and equipped that the said excreta or sewage are at once removed by pump or other satisfactory means through watertight pipes or conduits to some proper place of ultimate disposal, as hereinafter provided, or unless suitable removable vessels or receptacles for the temporary storage of said human excreta or sewage are provided and at all times maintained in an absolutely watertight condition and in such manner as to permit of convenient removal of said excreta or sewage to some place of ultimate disposal as hereinafter set forth.

(4) The excreta collected in the aforesaid removable receptacles permitted under paragraph (3) of this subdivision shall be removed and the receptacles thoroughly cleaned and disinfected as often as may be found necessary to maintain the privy in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundation or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(5) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in the aforesaid removable receptacles permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits at a depth of not less than 18 inches below the surface and at a distance not less than 300 feet from any reservoir or watercourse tributary to the public water supply of the city of Yonkers.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal or the garbage or wastes from any dump may be washed over the surface or through the soil in an imperfectly purified condition into any reservoir or watercourse, then the said privy or receptacle for excreta or the trench or place of disposal or the said garbage or waste dump shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage, house slops, sink waste, etc. (1) No house slops, bath water, sewage or other excremental matter from any water closet, privy, cesspool or other source, except the purified effluent from a properly constructed and operated sewage disposal plant approved by the State Department of Health, shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner, either directly or indirectly, into any reservoir or watercourse tributary to the public water supply of the city of Yonkers, nor shall any such matters be thrown, placed, led, discharged or allowed to escape or flow onto the surface of the ground or into the ground beneath the surface except into watertight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 250 feet of any reservoir or 150 feet of any watercourse tributary to the public water supply of the city of Yonkers.

(2) No sewage disposal plant, the effluent from which is to be discharged or allowed to flow directly or indirectly into any watercourse tributary to the public water supply of the city of Yonkers, shall be constructed, enlarged, altered or put in operation until plans for the same shall have been approved by the State Department of Health and a copy of the plans, as approved, filed with the department of public works of the city of Yonkers.

(3) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any creamery, cheese factory or laundry nor water in which milk cans, utensils, clothing, bedding, carpets or harness have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse, nor shall any such liquid or solid refuse or waste be thrown, discharged or allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse within a distance of 100 feet from any reservoir or within 50 feet from any watercourse tributary to the public water supply of the city of Yonkers.

(4) No clothing, bedding, carpets, harness, vehicle, receptacle, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse.

(e) Bathing, animals, manure, compost, etc. (1) No person shall bathe nor shall any animals be allowed to swim, wade or stand nor be washed in any reservoir or watercourse tributary to the Nepperham River within six miles measured along the stream above the intake of the filtration works of the city of Yonkers or the Grassy Sprain Brook within six miles above the dam of the Grassy Sprain Reservoir. This shall not, however, be construed to prohibit animals from being watered in any portion of the watercourses tributary to the public water supply of the city of Yonkers, distant at least one mile measured along the stream from the intake of the filtration plant of the city of Yonkers or from the dam of the Grassy Sprain Reservoir, but no watering place shall be maintained in such a way as to pollute with muddy leachings or excremental matters any watercourse tributary to the public water supply of the city of Yonkers.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 100 feet from any reservoir or within 50 feet of any watercourse tributary to the public water supply of the city of Yonkers, and none of the above named objects or sources of pollution shall be so constructed, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any such reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the above drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 100 feet from any reservoir or 50 feet from any watercourse tributary to the public water supply of the city of Yonkers.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into any reservoir or watercourse nor to be placed, piled or spread upon the surface of the ground at any point on the watershed tributary to the public water supply of the city of Yonkers, nor shall such human excreta, compost or other matter containing human excreta be dug or buried in the soil at a less depth than 18 inches below the surface nor within a distance of 300 feet from any reservoir nor within 200 feet of any watercourse tributary to the public water supply of the city of Yonkers, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet from any reservoir or within 50 feet from any watercourse tributary to the public water supply of the city of Yonkers.

(4) No decayed or fermented fruit or vegetables, cider mill wastes, roots, grain or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in such places that the drainage, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that sufficient purification has been secured unless the above mentioned drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 75 feet before entering any reservoir or 25 feet before entering any watercourse tributary to the public water supply of the city of Yonkers.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animal, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse. Nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or 75 feet from any watercourse tributary to the public water supply of the city of Yonkers.

(g) Fishing, boating and ice cutting. No boating of any kind or fishing from boats or through the ice and no ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of the Fort Field Reservoir, the Lake Avenue Reservoir or any natural or artificial pond or reservoir on the Nepperham River or its tributary within one mile above the intake of the filtration plant of the city of Yonkers or on Grassy Sprain Brook within one mile above the dam of the Grassy Sprain Reservoir.

(h) Camps. No temporary camp, tent, building or other structures for housing laborers engaged on construction work or for other purposes shall be located, placed or maintained within a distance of 300 feet from any reservoir or 100 feet from any watercourse tributary to the public water supply of the city of Yonkers.

(i) Cemeteries. No interment of a human body shall be made within a distance of 300 feet from any reservoir or 150 feet from any watercourse tributary to the public water supply of the city of Yonkers.

(j) Inspections. The department of public works of the city of Yonkers shall make regular and thorough inspections of the reservoirs, streams 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 department of public works to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the department of public works to promptly notify the State Commissioner of Health of such violations. The department of public works shall report in writing annually, on the first day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

(k) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.

Doc Status: 
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VILLAGES

Section 155.7 - Village of Croton-on-Hudson

VILLAGES

155.7 Village of Croton-on-Hudson.

(a) Application. The following rules and regulations enacted under the authority of article 11 of the Public Health Law, and of the whole thereof, as last amended by chapter 879 of the Laws of 1953, shall apply to all existing wells and such additional wells and reservoirs which now serve or which may be developed in the future to serve as sources of the public water supply of the village of Croton-on-Hudson and to all watercourses tributary to the Croton River between the existing Croton Dam and the proposed dams of the village of Croton-on-Hudson.

(b) Definitions. (1) The term water supply means the public water supply of the village of Croton-on-Hudson.

(2) The term well means any well now used as a source of the water supply of the village of Croton-on-Hudson or any additional well which may be constructed on the property of the village of Croton-on-Hudson.

(3) The term watercourse means every spring, pond (other than reservoirs), stream, marsh or channel of any kind, the waters of which flow or may flow into this water supply.

(4) The term reservoir includes any natural or artificial lake or pond.

(5) The linear distance of a structure or object from a reservoir or watercourse is the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(6) The term human excreta means feces, urine and other excretions commonly disposed of by the so-called dry system as typified by the ordinary privy.

(7) The term sewage means waste liquids containing human excreta and decomposing matter flowing in or from a house drainage system or sewer.

(c) Human excreta. (1) No human excreta shall be deposited, thrown or placed or allowed to escape into the lake or any watercourse.

(2) No human excreta shall be placed or spread upon the surface of the ground at any point on the watershed of the water supply.

(3) No human excreta shall be buried in the soil on the watershed of the water supply, unless deposited in trenches or pits at a distance of not less than 200 feet from any well, reservoir or tributary watercourse and covered with not less than 18 inches of soil in such a manner as to effectually prevent its being washed over the surface of the ground by rain or melting snow.

(4) No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 200 feet of any well or within 50 feet of any reservoir or tributary watercourse except a properly constructed and operated sewage disposal plant, as hereinafter set forth in paragraph (1) of subdivision (d), provided, however, that the property on which the privy or receptacle is built or is to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of such property.

(5) Every privy or receptacle of any kind for the storage or deposit of human excreta, built or to be built on property which is so located, bounded or otherwise placed that the distances named in paragraph (4) of this subdivision cannot be obtained, shall be placed as far as possible from any reservoir or watercourse and especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight containers are provided, they shall be located as far as practicable from any reservoir or watercourse. All privies or receptacles referred to in this paragraph shall be constructed or installed only with the approval and under the supervision of the board of trustees of the village of Croton-on-Hudson and in such manner as effectually to prevent any pollution of the public water supply.

(6) Every privy or receptacle for the storage or deposit of human excreta located within the distances of 50 feet and 200 feet of any well, reservoir or tributary watercourse shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

(7) Whenever, in the opinion of the board of trustees of the village of Croton-on-Hudson or of the State or Westchester County Commissioner of Health, excremental matter from the aforesaid privy, receptacle, trench or place of disposal may be washed over the surface of the ground or through the soil in an imperfectly purified condition into any reservoir or watercourse, the said privy, receptacle, trench or place of disposal shall be removed, after due notice to the owner thereof, to such places as shall be considered safe and proper by the State Commissioner of Health. (d) Sewage, sink wastes, garbage, etc. (1) No sewage shall be discharged or allowed to flow into the lake or any watercourse nor deposited on or beneath the surface of the ground within 50 feet of any reservoir or tributary watercourse except into watertight receptacles, the contents of which shall be disposed of as provided for by paragraph (3) of subdivision (c). If such watertight receptacles are used, they shall not be located within 50 feet of any reservoir or tributary watercourse provided, however, that the property on which the receptacle is built or to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of the property. In such case, the watertight receptacle shall be constructed and maintained as provided for in paragraph (5) of subdivision (c). These restrictions and limiting distances shall not apply to sewage treatment plants installed under and in accordance with plans which first have been submitted to and approved by the State Commissioner of Health.

(2) No bath water, sink or laundry wastes or polluted liquid of any kind, except the effluent from a properly constructed and operated sewage treatment plant as hereinbefore provided by paragraph (1) of this subdivision, shall be discharged or allowed to flow into the lake or any watercourse nor be deposited on or beneath the surface of the ground within 50 feet of any reservoir or tributary watercourse.

(3) No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or parts thereof or any other matter that pollutes water shall be deposited in the lake or watercourse nor on or beneath the surface of the ground within 50 feet of any well, reservoir or tributary watercourse nor in such manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into any reservoir or watercourse.

(e) Bathing, boating, animals, manure, etc. (1) No person or persons shall bathe or swim or be allowed to bathe or swim in any reservoir or tributary watercourse owned by and which is a part of the public water supply of the village of Croton-on-Hudson.

(2) No boating or fishing of any kind, ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir or any tributary watercourse to the public water supply, except by persons duly authorized by the board of trustees of the village of Croton-on-Hudson.

(3) No animal or poultry shall be allowed to stand, wade, wallow or swim nor to be washed or watered in the lake or any tributary and no watering place shall be maintained in such a way as to pollute any watercourse with excremental matter.

(4) 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 so located or maintained in such a manner that the drainage, leachings or washings therefrom may pollute the lake or any watercourse.

(5) No manure pile shall be maintained or allowed to remain within 50 feet of any well, reservoir or tributary watercourse.

(f) General clause. In addition to observing the foregoing requirements all persons living on or visiting the watershed shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply.

(g) Inspections. The board of trustees of the village of Croton-on-Hudson or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representative of the board shall make regular and thorough inspections of the lake, watercourse and watersheds 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 said board of trustees 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, on the first day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

(h) Penalty. In accordance with section 1103 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 879 of the Laws of 1953, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.

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Section 155.8 - Village of Irvington

155.8 Village of Irvington.

(a) Application. The following rules and regulations enacted in accordance with the provisions of sections 1100, 1101, 1102 and 1103 of chapter 45 of the Consolidated Laws (Public Health Law), as finally amended by chapter 879 of the Laws of 1953, shall apply to Harriman Road Reservoir of the village of Irvington and/or to any reservoirs which have been or may be constructed to serve as sources of any part of the public water supply of the village of Irvington, the water from which is tributary to or discharges into Harriman Road Reservoir or said reservoirs.

(b) Definitions. (1) The term water supply means the public water supply of the village of Irvington.

(2) The term reservoir means Harriman Road Reservoir serving as the source of the water supply and any reservoir which has been or may be constructed to serve as any part of the water supply of the village of Irvington.

(3) The term watercourse means every spring, pond (other than reservoirs), stream, marsh, ditch, gutter or channel of any kind, the waters of which flow, either continuously or occasionally, or which may flow into this water supply.

(4) The linear distance of a structure or object from a reservoir or watercourse is the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(5) The term human excreta means feces, urine and other excretions commonly disposed of by the so-called dry system as typified by the ordinary privy.

(6) The term sewage means waste liquids containing human excreta and decomposing matter flowing in or from a house drainage system or sewer.

(c) Human excreta. (1) No human excreta shall be deposited, thrown or placed or allowed to escape into any reservoir or any tributary watercourse.

(2) No human excreta shall be placed or spread upon the surface of the ground at any point on the watershed of the water supply.

(3) No human excreta shall be buried in the soil on the watershed of the water supply unless deposited in trenches or pits at a distance of not less than 500 feet from any reservoir or any tributary watercourse and covered with not less than 18 inches of soil in such a manner as to effectually prevent its being washed over the surface of the ground by rain or melting snow.

(4) No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 100 feet of any reservoir or any tributary watercourse, unless such privy or receptacle shall contain or be a watertight receptacle, removable or otherwise, and no sewage shall be discharged or allowed to flow into any reservoir or any tributary watercourse nor upon the surface of the ground at any point on the watershed of the supply nor disposed beneath the surface of the ground within 100 feet thereof, except into a watertight receptacle, removable or otherwise, from which privy or receptacle no outward percolation can take place, and which shall be emptied when filled up to within six inches of the top. If the contents of any such privy or receptacle shall be disposed of on the watershed, such contents shall be buried as set forth in paragraph (3) of this subdivision. All such privies and receptacles referred to in this paragraph shall be placed as far as possible (within said limiting distances) from any such reservoir or tributary watercourse, as the property to which such privy or receptacle is appurtenant shall permit, and shall be constructed or installed only with the approval and under the supervision of the village of Irvington and in such manner as effectually to prevent any pollution of the water supply. These restrictions and limiting distances shall not apply to sewage treatment plants installed under and in accordance with plans which first have been submitted to and approved by the State or Westchester County Commissioner of Health.

(5) Whenever in the opinion of the State or Westchester County Commissioner of Health, excremental matter from the aforesaid privy, receptacle, trench or place of disposal may be washed over the surface of the ground or through the soil in an imperfectly purified condition into any reservoir or tributary watercourse, the said privy, receptacle, trench or place of disposal shall be removed, after due notice to the owner thereof, to such places as shall be considered safe and proper by the State or Westchester County Commissioner of Health.

(d) Sink wastes, garbage, etc. (1) No bath water, sink or laundry wastes or polluted liquid of any kind, except the effluent from a properly constructed and operated sewage treatment plant as hereinbefore provided by paragraph (4) of subdivision (c), shall be discharged or allowed to flow into any reservoir or any tributary watercourse nor be deposited beneath the surface of the ground within 50 feet of any reservoir or any tributary watercourse. (2) No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or parts thereof, oil wastes or any other matter that pollutes water shall be deposited in any reservoir or tributary watercourse nor on or beneath the surface of the ground within 100 feet of any reservoir or any tributary watercourse nor in such manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into any reservoir or tributary watercourse.

(e) Swimming, boating, animals, etc. (1) No person or persons shall bathe or swim or be allowed to bathe or swim in any reservoir or in any tributary watercourse except in such bathing places as may be operated in accordance with the State Sanitary Code (Chapter I of this Title) and under the supervision of the State or Westchester County Commissioner of Health.

(2) No boating or fishing of any kind, ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir or any tributary watercourse of the public water supply, except by duly authorized officers or employees of the village of Irvington.

(3) No animal or poultry shall be allowed to stand, wade, wallow or swim nor to be washed or watered in any reservoir or any tributary watercourse and no watering place shall be maintained in such a way as to pollute any reservoir or tributary watercourse with excremental matter.

(4) 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 so located or maintained in such a manner that the drainage, leachings or washings therefrom may pollute any reservoir or any tributary watercourse.

(5) No manure pile shall be maintained or allowed to remain within 150 feet of any reservoir or any tributary watercourse.

(f) Camps, interments. (1) No camp, tent, building or other structure for the occupancy of laborers engaged in construction work or for other use, except as a private camp or dwelling maintained by a person for his own personal use or for use of family and friends, shall be located, placed or maintained within a distance of 300 feet of any reservoir or any tributary watercourse.

(2) No interment of a human body shall be made within a distance of 200 feet of any reservoir or any tributary watercourse.

(g) General clause. In addition to observing the foregoing requirements, all persons living on or visiting the watershed shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply.

(h) Inspections. The village of Irvington or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representative of said village shall make regular and thorough inspections of all reservoirs, watercourses and watersheds 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 village to cause copies of any rules and regulations violated to be served upon the person 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 said village to promptly notify the State and Westchester County Commissioner of Health of such violations. The village shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general conditions of the watershed at the time of the last inspection.

(i) Penalties. In accordance with sections 1100 and 1103 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 879 of the Laws of 1953, the penalty for each and every violation or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.
 

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Section 155.9 Reserved

Section 155.10 - Village of Mount Kisco

155.10 Village of Mount Kisco.

(a) Application. The following rules and regulations enacted under the authority of article 11 of the Public Health Law, and of the whole thereof, as last amended by chapter 879 of the Laws of 1953, shall apply to all existing wells and such additional wells and reservoirs on the property of the village of Mount Kisco and to Byram Lake and its tributaries which now serve or which may be developed in the future to serve as sources of the public water supply of the village of Mount Kisco and to all watercourses tributary thereto or ultimately discharging into said reservoirs.

(b) Definitions. (1) The term water supply means the public water supply of the village of Mount Kisco.

(2) The term well means any well now used as a source of the water supply of the village of Mount Kisco or any additional well which may be constructed on the property of the village of Mount Kisco.

(3) The term watercourse means every spring, pond (other than reservoirs), stream, marsh or channel of any kind, the waters of which flow or may flow into this water supply.

(4) The term reservoir includes any natural or artificial lake or pond.

(5) The linear distance of a structure or object from a well, reservoir or watercourse is the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(6) The term human excreta means feces, urine and other excretions commonly disposed of by the so-called dry system as typified by the ordinary privy.

(7) The term sewage means waste liquids containing human excreta and decomposing matter flowing in or from a house drainage system or sewer.

(c) Human excreta. (1) No human excreta shall be deposited, thrown or placed or allowed to escape into any well, reservoir or watercourse.

(2) No human excreta shall be placed or spread upon the surface of the ground at any point on the watershed of the water supply.

(3) No human excreta shall be buried in the soil on the watershed of the water supply, unless deposited in trenches or pits at a distance of not less than 200 feet from any well, reservoir or tributary watercourse and covered with not less than 18 inches of soil in such a manner as to effectually prevent its being washed over the surface of the ground by rain or melting snow.

(4) No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 200 feet of any well or within 50 feet of any reservoir or tributary watercourse except a properly constructed and operated sewage disposal plant, as hereinafter set forth in paragraph (1) of subdivision (d), provided, however, that the property on which the privy or receptacle is built or is to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of such property.

(5) Every privy or receptacle of any kind for the storage or deposit of human excreta, built or to be built on property which is so located, bounded or otherwise placed that the distances named in paragraph (4) of this subdivision cannot be obtained, shall be placed as far as possible from any well, reservoir or watercourse and especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight containers are provided, they shall be located as far as practicable from any well, reservoir or watercourse. All privies or receptacles within the limiting distances referred to in this paragraph shall be constructed or installed only with the approval and under the supervision of the board of trustees of the village of Mount Kisco and in such manner as effectually to prevent any pollution of the public water supply.

(6) Every privy or receptacle for the storage or deposit of human excreta located within the distances of 50 feet and 200 feet of any well, reservoir or tributary watercourse shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

(7) Whenever, in the opinion of the board of trustees of the village of Mount Kisco or of the State or Westchester County Commissioner of Health, excremental matter from the aforesaid privy, receptacle, trench or place of disposal may be washed over the surface of the ground or through the soil in an imperfectly purified condition into any well, reservoir or watercourse, the said privy, receptacle, trench or place of disposal shall be removed, after due notice to the owner thereof, to such places as shall be considered safe and proper by the board of trustees of the village of Mount Kisco or the State or Westchester County Commissioner of Health.

(d) Sewage, sink wastes, garbage, etc. (1) No sewage shall be discharged or allowed to flow into any reservoir or tributary watercourse nor deposited on or beneath the surface of the ground within 50 feet of any reservoir or tributary watercourse, except into watertight receptacles, the contents of which shall be disposed of as provided for by paragraph (3) of subdivision (c). If such watertight receptacles are used, they shall not be located within 25 feet of any reservoir or tributary watercourse provided, however, that the property on which the receptacle is built or to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of the property. In such case, the watertight receptacle shall be constructed and maintained as provided for in paragraph (5) of subdivision (c). These restrictions and limiting distances shall not apply to sewage treatment plants installed under and in accordance with plans which first have been submitted to and approved by the State or Westchester County Commissioner of Health.

(2) No bath water, sink or laundry wastes or polluted liquid of any kind, except the effluent from a properly constructed and operated sewage treatment plant as hereinbefore provided by paragraph (1) of this subdivision, shall be discharged or allowed to flow into the well, reservoir or any watercourse nor be deposited on or beneath the surface of the ground within 50 feet of any reservoir or tributary watercourse.

(3) No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or parts thereof or any other matter that pollutes water shall be deposited in any well, reservoir or watercourse nor on or beneath the surface of the ground within 50 feet of any well, reservoir or tributary watercourse nor in such manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into any well, reservoir or watercourse.

(e) Bathing, boating, animals, manure, etc. (1) No person or persons shall bathe or swim or be allowed to bathe or swim in any reservoir or tributary watercourse owned by and which is a part of the public water supply of the village of Mount Kisco.

(2) No boating, or fishing of any kind, ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir or any tributary watercourse to the public water supply owned by the village of Mount Kisco except by persons duly authorized by the board of trustees of the village of Mount Kisco.

(3) No animal or poultry shall be allowed to stand, wade, wallow or swim nor to be washed or watered in any reservoir or any tributary watercourse and no watering place shall be maintained in such a way as to pollute any well, reservoir or tributary watercourse with excremental matter.

(4) 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 so located or maintained in such a manner that the drainage, leachings or washings therefrom may pollute any well, reservoir or any tributary watercourse.

(5) No manure pile shall be maintained or allowed to remain within 50 feet of any well, reservoir or tributary watercourse.

(f) General clause. In addition to observing the foregoing requirements all persons living on or visiting the watershed shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply.

(g) Inspections. The board of trustees of the village of Mount Kisco or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representative of the board shall make regular and thorough inspections of the wells, reservoirs, lake, watercourses and watersheds 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 said board of trustees to promptly notify the State and the Westchester County Commissioners of Health of such violations. The board of trustees shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

(h) Penalty. In accordance with section 1103 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 879 of the Laws of 1953, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.

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Section 155.11 - Village of Peekskill

155.11 Village of Peekskill. (Statutory authority: L. 1909, ch. 49; L. 1915, ch. 665; L. 1911, ch. 695, as amd.)

(a) Application. The following rules and regulations shall apply to all natural and artificial reservoirs on the Peekskill Hollow Creek and all watercourses tributary thereto or ultimately discharging into said reservoirs, those bodies of water being sources of the public water supply of the village of Peekskill in Westchester County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to all storage and impounding reservoirs on the Peekskill Hollow Creek which are tributary to or which serve as sources of this public water supply or to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and filter basins), stream, ditch, gutter or other channel of every kind, the waters of which, when running whether continuously or occasionally, eventually flow or may flow into the public water supply of the village of Peekskill.

(3) Wherever a linear distance of a structure or object from a reservoir or from a watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 50 feet of any reservoir or watercourse at any point within two miles upstream from the intake of the Peekskill waterworks; nor shall any such privy, privy vault, pit, cesspool or other receptacle for the deposit of human excreta be constructed, placed, located, maintained or allowed to remain within 25 feet of any reservoir or any watercourse at points distant more than two miles upstream from the intake of the Peekskill waterworks.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 100 feet of any reservoir or any watercourse tributary to the public water supply of the village of Peekskill.

(3) No cesspool, pit or other receptacle of any kind used for the temporary storage of human excreta or sewage shall be constructed, located, maintained or allowed to remain between the limiting distances prescribed by paragraph (1) of this subdivision and the limiting distances prescribed by paragraph (2) of this subdivision unless said cesspool, pit or other receptacle is so arranged and equipped that the said excreta or sewage are at once removed by pump or other satisfactory means through watertight pipes or conduits to some proper place of ultimate disposal, as hereinafter provided, or unless suitable removable vessels or receptacles for the temporary storage of said human excreta and sewage are provided and at all times maintained in an absolutely watertight condition and in such manner as to permit of convenient removal of said excreta or sewage to some place of ultimate disposal as hereinafter set forth.

(4) The excreta collected in the aforesaid removable receptacles permitted under paragraph (3) of this subdivision shall be removed and the receptacles thoroughly cleaned and deodorized as often as may be found necessary to maintain the privy in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundations or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(5) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision shall, when removed, be disposed or by burying in trenches or pits at a depth of not less than 18 inches below the surface and at a distance not less than 500 feet from any reservoir or any watercourse tributary to the public water supply of the village of Peekskill.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacles or from any trench or place of disposal or the garbage or wastes from any dump may be washed over the surface or through the soil in an imperfectly purified condition into any reservoir or watercourse, then the said privy or receptacles for excreta or the trench or place of disposal or the said garbage or waste dump shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health. (d) Sewage, house slops, sink wastes, etc. (1) No house slops, bath water, washings from the bodies of human beings or animals, sewage or other excretal matter from any water closet, privy, cesspool or other source, except the purified effluent from a properly constructed sewage disposal plant approved by the State Department of Health, as required by law, shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner either directly or indirectly into any reservoir or any watercourse tributary to the public water supply of the village of Peekskill, nor shall any such matters be thrown, placed, led, discharged or allowed to escape or flow onto the surface of the ground or into the ground beneath the surface, except into watertight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 100 feet of any reservoir or any watercourse tributary to the public water supply of the village of Peekskill.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste water from any creamery, cheese factory, laundry nor water in which milk cans, utensils, clothing, bedding, carpets or harnesses have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse, nor shall any such liquid or solid refuse or waste be thrown, discharged or allowed to escape or remain upon the surface of the ground or to percolate into the ground or through the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse within a distance of 50 feet from any reservoir or any watercourse tributary to the public water supply of the village of Peekskill.

(3) No clothing, bedding, carpets, harness, vehicle, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any of the streams, lakes, ponds or reservoirs tributary to the water supply of the village of Peekskill except in Oscawana Lake, Mohegan Lake, Osceola Lake, Brant Lake, Clear Lake, Mud Lake, Barger Pond and tributaries thereof, nor shall any person be allowed to bathe in Oscawana Lake, Mohegan Lake, Osceola Lake, Brant Lake and Barger Pond within 500 feet of the outlets thereof. No animal or poultry shall be allowed to stand, wallow, wade or swim in any stream, lake, pond or reservoir tributary to said water supply nor allowed to be washed therein. No watering place shall be maintained in such a way as to pollute by muddy leachings or excretal matters any streams tributary to the public water supply of the village of Peekskill.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 100 feet of any reservoir or 50 feet of any watercourse at any point within two miles upstream from the intake of the Peekskill waterworks; nor shall any such structures or places be constructed, placed, maintained or allowed to remain within 50 feet of any reservoir or any watercourse at points distant more than two miles upstream from the intake of the Peekskill waterworks, except in the case of islands in Oscawana Lake where no such structures or places shall be constructed, placed, maintained or allowed to remain within 25 feet of the high-water mark in the lake. None of the above named objects or sources of pollution shall be so constructed, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any such reservoir or watercourse without first having been passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the above drainage, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for distances not less than those specified in the foregoing part of this paragraph.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into any reservoir or watercourse nor to be placed, piled or spread upon the ground at any point on any watershed tributary to the public water supply of the village of Peekskill; nor shall human excreta, compost or other matter containing human excreta be dug or buried in the soil at a less depth than 18 inches below surface nor within a distance of 100 feet from any reservoir or any watercourse tributary to the public water supply of the village of Peekskill, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 25 feet from any reservoir or any watercourse tributary to the public water supply of the village of Peekskill. (4) No decayed or fermented fruit or vegetables, cider mill wastes, roots, grain or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in such places that the drainage, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that sufficient purification has been secured unless the above mentioned drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 50 feet before entering any reservoir or any watercourse tributary to the public water supply of the village of Peekskill.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animals, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse. Nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 100 feet from any reservoir or any watercourse tributary to the public water supply of the village of Peekskill.

(g) Fishing, boating and ice cutting. No boating of any kind nor fishing from boats or through the ice nor any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir of the village of Peekskill or of Oscawana Lake, Mohegan Lake, Osceola Lake, Brant Lake or Barger Pond within 50 feet of the outlets thereof nor shall any fishing, boating or ice cutting be done in any manner that may pollute the waters of this public water supply.

(h) Camps. No temporary camp, tent, building or other structure for housing laborers engaged on construction work or for other purposes shall be located, placed or maintained within a distance of 500 feet from any reservoir or watercourse tributary to the public water supply of the village of Peekskill.

(i) Cemeteries. No interment of a human body shall be made within a distance of 250 feet from any reservoir or from any watercourse tributary to the public water supply of the village of Peekskill.

(j) Inspections. The board of water commissioners of the village of Peekskill shall make regular and thorough inspections of the reservoirs, streams 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 water commissioners to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the board of water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners shall report in writing annually, on the first of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

(k) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.
 

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Section 155.12 - Village of Tarrytown

155.12 Village of Tarrytown.

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71, 72 and 73 of chapter 45 of the Consolidated Laws (Public Health Law) as heretofore set forth shall apply to all natural and artificial reservoirs and all watercourses tributary thereto or ultimately discharging into said reservoirs, these bodies of water being sources of the public water supply of the village of Tarrytown, Westchester County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to all storage and impounding reservoirs which are tributary to or which serve as sources of this public water supply or to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and filter basins), stream, ditch, gutter or other channel of every kind the waters of which, when running whether continuously or occasionally, eventually flow or may flow into the public water supply of the village of Tarrytown.

(3) Wherever a linear distance of a structure or object from a reservoir or from a watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 50 feet of any reservoir or watercourse tributary to the public water supply of the village of Tarrytown.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or to remain within 150 feet of any watercourse tributary to that reservoir known as the lower lake nor within 75 feet of any watercourse tributary to that reservoir known as the upper lake, said bodies of water being tributary to the public water supply of the village of Tarrytown.

(3) No cesspool, pit or other receptacle of any kind used for the temporary storage of human excreta or sewage shall be constructed, located, maintained or allowed to remain between the limiting distances prescribed by paragraph (1) of this subdivision and the limiting distances prescribed by paragraph (2) of this subdivision, unless said cesspool, pit or other receptacle is so arranged and equipped that the said excreta or sewage are at once removed by pump or other satisfactory means through watertight pipes or conduits to some proper place of ultimate disposal, as hereinafter provided, or unless suitable vessels or receptacles for the temporary storage of said human excreta or sewage are provided and at all times maintained in an absolutely watertight condition in such a manner as to permit of convenient removal of said excreta or sewage to some place of ultimate disposal as hereinafter set forth.

(4) The excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision shall be removed and the receptacles thoroughly cleaned and deodorized as often as may be found necessary to maintain the privy in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundations or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(5) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits at a depth of not less than 18 inches below the surface and at a distance not less than 300 feet from any reservoir or watercourse tributary to the public water supply of the village of Tarrytown.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacles or from any trench or place of disposal or the garbage or wastes from any dump may be washed over the surface or through the soil in an imperfectly purified condition into any reservoir or watercourse, then the said privy or receptacles for excreta or the trench or place of disposal or the said garbage or waste dump shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health. (d) Sewage, house slops, sink wastes, etc. (1) No house slops, bath water, sewage or other excretal matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner either directly or indirectly into any reservoir or any watercourse tributary to the public water supply of the village of Tarrytown, nor shall any such matters be thrown, placed, led, discharged or allowed to escape or flow onto the surface of the ground or into the ground beneath the surface, except into watertight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 300 feet of any reservoir nor within 150 feet of any watercourse tributary to that reservoir known as the lower lake nor within 75 feet of any watercourse tributary to that reservoir known as the upper lake, said bodies of water being tributary to the public water supply of the village of Tarrytown.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste water from any creamery, cheese factory, laundry nor water in which milk cans, utensils, clothing, bedding, carpets or harnesses have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse, nor shall any such liquid or solid refuse or waste be thrown, discharged or allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse within a distance of 100 feet from any reservoir or 75 feet from any watercourse tributary to the public water supply of the village of Tarrytown.

(3) No clothing, bedding, carpets. harness, vehicle, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir or watercourse, nor shall any animals or poultry be allowed to stand, wallow, wade or swim in any reservoir or watercourse nor be washed therein. The watering of animals or poultry in any reservoir of the public water supply of the village of Tarrytown is prohibited; nor shall any such watering be allowed in any watercourse tributary to this water supply within 1,000 feet of said reservoirs. No watering place shall be maintained in such a way as to pollute with muddy leachings or excretal matters any streams tributary to the public water supply of the village of Tarrytown.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 150 feet from any reservoir or 75 feet from any watercourse tributary to the public water supply of the village of Tarrytown, and none of the above named objects or sources of pollution shall be so constructed, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any such reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the above drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 150 feet from any reservoir or 75 feet from any watercourse tributary to the public water supply of the village of Tarrytown.

(3) No human excreta, compost or other matter containing same shall be thrown, placed or allowed to escape into any reservoir or watercourse nor to be placed, piled or spread upon the surface of the ground at any point on the watershed tributary to the public water supply of the village of Tarrytown; nor shall such human excreta, compost or other matter containing the same be dug or buried in the soil at a less depth than 18 inches below the surface nor within a distance of 300 feet from any reservoir or watercourse tributary to the public water supply of the village of Tarrytown, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet from any reservoir or watercourse tributary to the public water supply of the village of Tarrytown.

(4) No decayed or fermented fruit or vegetables, cider mill wastes, roots, grain or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in such places that the drainage, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that sufficient purification has been secured unless the above mentioned drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 100 feet before entering any reservoir or 50 feet before entering any watercourse tributary to the public water supply of the village of Tarrytown. (f) Dead animals, offal, manufacturing waste, etc. No dead animals, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse. Nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 150 feet from any reservoir or 100 feet from any watercourse tributary to the public water supply of the village of Tarrytown.

(g) Fishing, boating and ice cutting. No boating of any kind or fishing from boats or through the ice or any trespassing whatever shall be allowed in or upon the waters or ice of the reservoirs. No ice cutting shall be done except with the permission and under the rigid inspection and supervision of the board of water commissioners. No skating shall be allowed except upon the upper lake and only at specifically stated times under the strict supervision of the board of water commissioners. During such skating periods the board of water commissioners shall provide police patrol to prevent any infringement of these rules and regulations and shall post at frequent and conspicuous intervals around the lake suitable signs containing subdivisions (d) and (g) of the rules and regulations.

(h) Camps. No temporary camp, tent, building or other structures for housing laborers engaged on construction work or for other purposes shall be located, placed or maintained within a distance of 500 feet from any reservoir or watercourse tributary to the public water supply of the village of Tarrytown.

(i) Cemeteries. No interment of a human body shall be made within a distance of 300 feet from any reservoir or from any watercourse tributary to the public water supply of the village of Tarrytown.

(j) Inspections. The board of water commissioners of the village of Tarrytown shall make regular and thorough inspections of the reservoirs, streams 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 water commissioners to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the board of water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners shall report in writing annually, on the first of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

(k) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $200.
 

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Section 155.13 - Village of Ossining

155.13 Village of Ossining. (Statutory authority: Public Health Law, õ 1100)

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to the well, located on land, owned by the village of Ossining, and situated approximately 110 feet north of Chappaqua Road and 125 feet west of the Pocantico River in the town of Ossining, which forms the source of the public water supply of the village of Ossining, Westchester County, New York.

(b) Definitions. (1) The term well wherever used in these rules is intended to mean and refer to the well now used as a source of this public water supply or to any additional well which may be constructed at this point for the purpose of this public water supply.

(2) The term linear distance is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the well.

(c) Privies adjacent to the well. (1) No privy, privy vault, pit, or other receptacle of any kind for either the temporary storage or the permanent deposit of human excreta, shall be constructed, located, placed, maintained, or allowed to remain within 200 feet of the well of the public water supply of the village of Ossining.

(2) No privy, privy vault, pit, cesspool or other receptacle, which is not watertight, placed or used for the permanent deposit of human excreta, shall be constructed, located, placed, maintained, or allowed to remain within 250 feet of the well of the public water supply of the village of Ossining.

(3) Every privy, privy vault, pit or other receptacle of any kind, placed or used for the temporary storage of human excreta, located between the limiting distance prescribed by paragraph (1) of this subdivision and the limiting distance prescribed by paragraph (2) of this subdivision, shall be arranged in such a manner that all excreta shall be received in a suitable watertight receptacle or removable container which shall be emptied as set forth in paragraphs (4) and (5) of this subdivision.

(4) Whenever the aforesaid watertight receptacles or removable containers become filled within six inches of the top, said receptacles or containers shall be emptied or removed and the contents disposed of as hereinafter provided, in order to maintain the privy or receptacle in proper sanitary condition and effectually prevent any overflow upon the soil or upon the foundation or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape while being transported from the privy or receptacle to the place of disposal hereinafter specified and that the contents, or the removable containers, while being transported shall be thoroughly covered, and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(5) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid watertight receptacles or removable containers permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits and covered with not less than 12 inches of soil in such a manner as effectually to prevent their being washed over the surface of the ground by rain or melting snow and at a distance of not less than 500 feet from the well of the public water supply of the village of Ossining.

(6) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground, or owing to the height or flow of subsurface or surface water, or other special local conditions, excremental matter from any privy or aforesaid receptacle, or from any trench or place of disposal may, in the opinion of the State Commissioner of Health, be washed over the surface of the ground or through the soil in an imperfectly purified condition into the well, then the said privy or receptacle for excreta, or the said trench or place of disposal shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage, sink wastes, garbage, etc. (1) No bath water, laundry wastes, sewage or other excremental matter from any water closet, privy, cesspool or other source, shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner upon the surface of the ground or into the ground beneath the surface (except into watertight receptacles, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 250 feet of the well of the public water supply of the village of Ossining.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any garage, nor any polluted water or liquid of any kind shall be thrown or discharged upon the surface of the ground or into the ground beneath the surface (except into watertight containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 250 feet of any well forming the source of the public water supply of the village of Ossining. (e) Animals, manure, compost, etc. (1) No stable for cattle or horses, no barnyard, hogyard, pigpen, poultry house or yard, no hitching place or standing place for horses or other animals, and no manure pile or compost heap, shall be constructed, located, placed, maintained, or allowed to remain within 250 feet of the well of the public water supply of the village of Ossining, and none of the above named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain where or in such a manner that the drainage, leachings or washings from the same may enter any spring without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered dissipated form, and not concentrated in perceptible lines of drainage for a distance of not less than 250 feet from the well of the public water supply of the village of Ossining.

(2) No human excreta and no compost or other matter containing human excreta shall be thrown, placed, piled or spread upon the surface of the ground, nor shall such human excreta, compost or other matter containing human excreta be buried in the soil unless covered with not less than 12 inches of soil nor within a distance of 500 feet of the well; and no manure or compost of any kind shall be placed, piled, or spread upon the ground within a distance of 250 feet of the well of the public water supply of the village of Ossining.

(f) Dead animals, offal, industrial wastes. No dead animal, bird, fish or any part thereof nor any offal or polluted industrial wastes of any kind shall be thrown, placed, discharged, maintained or allowed to remain upon the surface of the ground or buried beneath the surface within 500 feet of the well of the public water supply of the village of Ossining.

(g) Trespassing. No trespassing shall be allowed upon the property of the village of Ossining upon which the well of the public water supply of the village of Ossining is located and no person or persons shall enter in or upon such property except the personnel or any such board or person or persons who may be charged with the maintenance of the supply in the official performance of their duties of supervision or maintenance of the public water supply or except such other persons as may be authorized to enter said property by the village of Ossining.

(h) Camps. No camp, tent, building or other structure for occupancy by transients or for the housing of laborers engaged in construction work, or for any other use, except as a private camp or dwelling maintained by a person for his own personal use or for the use of his family and friends, shall be located, placed, or maintained within a distance of 250 feet of the well of the public water supply of the village of Ossining.

(i) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of the well of the public water supply of the village of Ossining.

(j) Inspections. (1) The board of water commissioners of the village of Ossining 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 Ossining, or their duly appointed representative shall make regular and thorough inspections of the area surrounding the well 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 Water Commissioners to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the board of water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners 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, stating the number of inspections which have been made, the number of violations found, the number of notices served, and the general surroundings of the well at the time of the last inspection.

(2) In addition to observing the foregoing requirements, all persons shall refrain from any act, although not heretofore specified, which may result in the contamination of any portion of the public water supply of the village of Ossining.

(k) Penalty. Penalties for violations shall be in accordance with section 1103 of the Public Health Law.
 

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DISTRICTS

Section 155.55 - Thornwood Water District

DISTRICTS

155.55 Thornwood Water District.

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, shall apply to all wells located on lands owned by the Thornwood Water District and situated in the northerly part of the district between Broadway, Carrigan Avenue, Gramercy Place and Claremont Avenue, near a small tributary of Sawmill River, and in the northwesterly part of the district in the valley of the Sawmill River northeast of the Westchester County Parkway, which form or may form sources of the public water supply of the Thornwood Water District.

(b) Definitions. (1) The term well wherever used in this section is intended to mean and refer to the wells now used as a source of this public water supply or to any additional well which may be constructed at this point for the purpose of this public water supply.

(2) Wherever a linear distance of a structure or object from a well is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to any well.

(c) Privies adjacent to any well. (1) No privy, privy vault, pit or other receptacle of any kind placed or used for either the temporary storage or the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 150 feet of any well forming the source of the public water supply of the Thornwood Water District.

(2) No privy, privy vault, pit, cesspool or other receptacle, which is not watertight, placed or used for the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any well forming the source of the public water supply of the Thornwood Water District.

(3) Every privy, privy vault, pit or other receptacle of any kind, placed or used for the temporary storage of human excreta, located between the limiting distance prescribed by paragraph (1) of this subdivision and the limiting distance prescribed by paragraph (2) of this subdivision, shall be arranged in such a manner that all excreta shall be received in a suitable watertight receptacle or removable container which shall be emptied as set forth in paragraphs (4) and (5) of this subdivision.

(4) Whenever the aforesaid watertight receptacles or removable containers become filled within six inches of the top, said receptacles or containers shall be emptied or removed and the contents disposed of as hereinafter provided in order to maintain the privy or receptacle in proper sanitary condition and effectually prevent any overflow upon the soil or upon the foundation or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape while being transported from the privy or receptacle to the place of disposal hereinafter specified and that the contents or the removable containers, while being transported, shall be thoroughly covered, and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(5) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid watertight receptacles or removable containers permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits and covered with not less than 12 inches of soil in such a manner as effectually to prevent their being washed over the surface of the ground by rain or melting snow and at a distance of not less than 500 feet from any well forming the source of the public water supply of the Thornwood Water District.

(6) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal may, in the opinion of the State Commissioner of Health, be washed over the surface of the ground or through the soil in an imperfectly purified condition into any well, then the said privy or receptacle for excreta or the said trench or place of disposal shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage, sink wastes, garbage, etc. (1) No bath water, laundry wastes, sewage or other excremental matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner upon the surface of the ground or into the ground beneath the surface (except into watertight receptacles, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 300 feet of any well forming the source of the public water supply of the Thornwood Water District. (2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any garage, dairy or cheese factory nor water in which milk cans, utensils, clothing, bedding, carpets or harness have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged upon the surface of the ground or into the ground beneath the surface (except into watertight containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 100 feet of any well forming the source of the public water supply of the Thornwood Water District.

(e) Animals, manure, compost, etc. (1) No stable for cattle or horses, no barnyard, hogyard, pigpen, poultry house or yard, no hitching place or standing place for horses or other animals and no manure pile or compost heap shall be constructed, located, placed, maintained or allowed to remain within 150 feet of any well forming the source of the public water supply of the Thornwood Water District, and none of the above named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any well without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 150 feet from any well forming the source of the public water supply of the Thornwood Water District.

(2) No human excreta and no compost or other matter containing human excreta shall be thrown, placed, piled or spread upon the surface of the ground, nor shall such human excreta, compost or other matter containing human excreta be buried in the soil unless covered with not less than 12 inches of soil nor within a distance of 500 feet of any well; and no manure or compost of any kind, not containing human excreta, shall be placed, piled or spread upon the ground within a distance of 150 feet of any well forming the source of the public water supply of the Thornwood Water District.

(f) Dead animals, offal, industrial wastes. No dead animal, bird, fish or any part thereof nor any offal or polluted industrial wastes of any kind shall be thrown, placed, discharged, maintained or allowed to remain upon the surface of the ground or buried beneath the surface within 300 feet of any well forming the source of the public water supply of the Thornwood Water District.

(g) Trespassing. No trespassing shall be allowed upon the property of the Thornwood Water District upon which the wells of the public water supply of the Thornwood Water District are located and no person or persons shall enter in or upon such property except the board of water commissioners or any such board or person or persons who may be charged with the maintenance of the supply in the official performance of their duties of supervision or maintenance of the public water supply or except such other persons as may be authorized to enter said property by the board of water commissioners of the Thornwood Water District.

(h) Camps. No camp, tent, building or other structure for occupancy by transients or for the housing of laborers engaged in construction work or for any other use, except as a private camp or dwelling maintained by a person for his own personal use or for the use of his family and friends, shall be located, placed or maintained within a distance of 500 feet of any well forming the source of the public water supply of the Thornwood Water District.

(i) Cemeteries. No interment of a human body shall be made within a distance of 300 feet of any well forming the source of the public water supply of the Thornwood Water District.

(j) General clause. In addition to observing the foregoing requirements, all persons shall refrain from any act, although not heretofore specified, which may result in the contamination of any portion of the water supply of the Thornwood Water District.

(k) Inspections. The board of water commissioners of the Thornwood Water District or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the Thornwood Water District or their duly appointed representative shall make regular and thorough inspections of the area surrounding the wells 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 water commissioners to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the board of water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners shall report to the State Commissioner of Health in writing annually, on the first of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general surroundings of the wells at the time of the last inspection. (l) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.
 

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Section 155.56 - Pocantico Water District No. 1, Town of Mount Pleasant

155.56 Pocantico Water District No. 1, Town of Mount Pleasant. (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 certain reservoirs located within the boundaries of the Pocantico Water District No. 1, Town of Mount Pleasant, Westchester County, which comprise part of the source of the public water supply of the said Pocantico Water District No. 1, and are situated as follows:

All those certain reservoirs designated as Ferguson's Lake, Lake No. 1, Lake No. 2 and Lake No. 3 shown on that certain map entitled "Map Showing Pocantico Water District No. 1 Situate in the Town of Mount Pleasant, Westchester County, New York" prepared by Chas. H. Sells, Inc. certified as complete on September 21, 1972 and revised on February 23, 1973, March 2, 1973, April 11, 1973 and May 2, 1973 filed in the Office of the Clerk of Westchester County (Division of Land Records) on March 29, 1976 as Map No. 18772, the center of said Ferguson's Lake being approximately north 85~ 00' 00" east 1290 feet as measured from the westerly boundary line of Bedford Road from its intersection with the southerly boundary line of Raafenberg Road; the center of said Lake No. 1 being approximately south 77~ 00' 00" east 2550 feet as measured from the westerly boundary line of Bedford Road from its intersection with the southerly boundary line of Raafenberg Road, the center of said Lake No. 2 being approximately south 63~ 30' 00" east 2130 feet as measured from the westerly boundary line of Bedford Road from its intersection with the southerly boundary line of Raafenberg Road; the center of said Lake No. 3 being approximately south 64~ 0' 00" east 1660 feet as measured from the westerly boundary line of Bedford Road from its intersection with the southerly boundary line of Raafenberg Road.

(b) Definitions. (1) 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).

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

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

(4) 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.

(5) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the high-water mark of the reservoirs.

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

(7) 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, municipal and agricultural waste discharged into water.

(8) 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.

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

(10) 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 said land, or any part of a farm on which only animal wastes resulting from the operation of such farm are deposited.

(11) Reservoirs shall mean the reservoirs described in paragraph (a) of this section.

(12) 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.

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

(14) Toxic chemical shall mean any compound or substance, including but not limited to gasoline, kerosene, fuel oil or diesel oil, which is or may be harmful or poisonous to humans.

(15) 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 land fill, or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.

(16) Water supply shall mean the public water supply of the Pocantico Water District No. 1, Town of Mount Pleasant.

(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 the standards for raw water quality as contained in Part 170 of this Chapter.

(d) Specific prohibitions. (1) Cemeteries. No interment of a human body shall be made within a 250-foot linear distance of the reservoir.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the reservoirs except in weatherproof buildings or watertight vessels.

(3) Herbicides and pesticides. No herbicides or pesticides shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the reservoirs 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 temporary storage or the permanent deposit of human excreta or sewage shall be constructed, located, placed, maintained or allowed to remain within a 250-foot linear distance of the reservoirs.

(ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 250-foot linear distance of the reservoirs.

(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 250-foot linear distance of the reservoirs 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 15-foot linear distance of the reservoirs.

(5) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the reservoirs and not within a 500-foot to a 1,000-foot linear distance of the reservoirs unless authorization has been obtained from the appropriate State agency and such burial is in accordance with the provisions of Part 16 of this Title.

(6) Solid waste. (i) Junkyards. No junkyard shall be located within a 250-foot linear distance of the reservoirs.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of ground within a 250-foot linear distance of the reservoirs.

(iii) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of the reservoirs.

(7) Toxic chemicals. No container used for the storage of the gasoline, kerosene, fuel oil, diesel oil or toxic chemicals shall be buried beneath the surface of the ground within a 500-foot linear distance of the reservoirs.

(8) Trespassing. No trespassing shall be allowed upon the reservoirs and no person or persons shall enter in or upon such reservoirs except the person or persons authorized to enter said reservoirs by the Town Board of the Town of Mount Pleasant.

(e) Inspections. The Town Board of the Town of Mount Pleasant, or any person or persons charged with the maintenance or supervision of the reservoirs shall by its officers or their duly appointed representative make regular and thorough inspections of the area surrounding the reservoirs to ascertain whether the rules and regulations set forth in this section are being complied with. It shall be the duty of the aforesaid town board to cause copies of any rules and regulations violated to be served upon the persons violating the same together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid town board to promptly notify the State Commissioner of Health of such violations. The aforesaid town board shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations found, the number of notices served, the number of violations abated and the general condition of the areas surrounding the reservoirs at the time of the last inspection.

(f) Penalties for violations. Penalties for violations of this section shall be those specified by section 1103 of the Public Health Law.

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Section 155.57 - Town of Harrison, Water District No. 1

155.57 Town of Harrison, Water District No. 1. (a) Application. The rules and regulations herein set forth, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to the well which comprises the source of the public water supply of the Town of Harrison, Water District No. 1. Said well is located on land owned by Water District No. 1, Town of Harrison and is situated between the westerly side of Silver Lake Avenue and the Shores of St. Marys Lake in the Town of Harrison.

(b) Definitions. (1) Chloride salt shall mean the solid compounds or the solutions of potassium chloride (commonly used as fertilizer), calcium chloride (commonly used for winter road maintenance) or sodium chloride (commonly used for water softener regeneration).

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

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

(4) 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.

(5) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the centerline of the well.

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

(7) 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, municipal and agricultural waste.

(8) 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.

(9) 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.

(10) 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 said land, or any part of a farm on which only animal wastes resulting from the operation of such farm are deposited.

(11) 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.

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

(13) Toxic chemical shall mean any compound or substance, including but not limited to gasoline, kerosene, fuel oil, or diesel oil, which is or may be harmful or poisonous to humans.

(14) 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 landfill, or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.

(15) Water supply shall mean the public water supply of the Town of Harrison, Water District No. 1.

(16) Well shall mean the well now used as a source of this water supply or to any additional well(s) which may be constructed at this point as a source for this water supply.

(c) General prohibitions. No person, including State agencies or political subdivisions having jurisdiction, shall perform any act or grant any approval or permit which may result in the contravention of the standards for raw water quality as contained in Part 170 of this Chapter.

(d) Specific prohibitions. (1) Cemeteries. No interment of a human body shall be made within a 250-foot linear distance of the well.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the well except in weatherproof buildings or watertight vessels.

(3) Herbicides and pesticides. No herbicides or pesticides shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the well 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 or allowed to remain within a 250-foot linear distance of the well. (ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 250-foot linear distance of the well.

(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 250-foot linear distance of the well; 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 15-foot linear distance of the well.

(5) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the well and not within a 500-foot to a 1,000-foot linear distance of the well, unless authorization has been obtained from the appropriate State agency and such burial is in accordance with the provisions of Part 16 of this Title.

(6) Solid waste. (i) Junkyards. No junkyard shall be located within a 250-foot linear distance of the well.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of the ground within a 250-foot linear distance of the well.

(iii) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of the well.

(7) Toxic chemicals. After the rules become effective, no container used for the storage of gasoline, kerosene, fuel oil, diesel oil or toxic chemicals shall be buried beneath the surface of the ground within a 500-foot linear distance of the well.

(8) Trespassing. No trespassing shall be allowed upon the property of Water District No. 1, Town of Harrison upon which the well is located and no person or persons shall enter in or upon such property except the person or persons authorized to enter said property by authority of Water District No. 1, Town of Harrison.

(e) Inspections. Water District No. 1, Town of Harrison or any person or 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 to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid Water District No. 1, Town of Harrison to cause copies of any rules and regulations violated to be served upon the persons violating the same together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid Water District No. 1, Town of Harrison to promptly notify the State Commissioner of Health of such violations. The aforesaid Water District No. 1, Town of Harrison shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations found, the number of notices served, the number of violations abated and the general condition of the area surrounding the well 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.
 

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COMPANIES

Section 155.105 - Bear Ridge Lake Corporation

COMPANIES

155.105 Bear Ridge Lake Corporation. (a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 73 of the Public Health Law shall apply to all wells located on lands owned by Bear Ridge Lake Corporation, situated in the county of Westchester.

(b) Definitions. (1) The term well wherever used in this section is intended to mean and refer to the wells now used as source of this public water supply or to any additional well which may be constructed in said subdivision known as Bear Ridge Lake for the purpose of this public water supply.

(2) Wherever a linear distance of a structure or object from a well is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to any well.

(c) Privy, bathwater, laundry wastes, sewage and other excremental matter, garbage, putrescible matter, kitchen and sink wastes, stable, barnyard manure, compost heap.

(1) No privy, privy vault, pit or other receptacle of any kind placed or used for either the temporary storage or the permanent deposit of human excreta and no bath water, laundry wastes, sewage or other excremental matter from any water closet and no garbage, putrescible matter, kitchen or sink wastes and no stable, barnyard or other places for domestic animals and no manure pile or compost heap shall be constructed, located, placed, maintained or allowed to remain within 100 feet of any well forming the source of the public water supply of the said subdivision known as Bear Ridge Lake, and none of the above named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any well without having first passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 100 feet from any well forming the source of the public water supply of the said subdivision known as Bear Ridge Lake.

(2) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, sewage, excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal may, in the opinion of the State Commissioner of Health or of the Commissioner of Health of the Westchester County Health Department, be washed over the surface of the ground or through the soil in an imperfectly purified condition into any well, then the said privy or receptacle for excreta or the said trench or place of disposal shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health or the Commissioner of Health of the Westchester County Health Department.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed, piled or spread upon the surface of the ground, nor shall such human excreta, compost or other matter containing human excreta be buried in the soil unless covered with not less than 12 inches of soil nor within a distance of 250 feet of any well; and no manure or compost of any kind, not containing human excreta, shall be placed, piled or spread upon the ground within a distance of 100 feet of any well forming the source of the public water supply of the said subdivision known as Bear Ridge Lake.

(d) Trespassing. No trespassing shall be allowed upon the property of the said subdivision known as Bear Ridge Lake upon which the wells of the public water supply of the said subdivision known as Bear Ridge Lake are located and no person or persons shall enter in or upon such property except the officers and directors of Bear Ridge Lake Corporation or any person or persons who may be duly charged with the maintenance of the supply in the official performance of their duties of supervision or maintenance of the public water supply or except such other persons as may be authorized to enter said property by the Bear Ridge Lake Corporation.

(e) General clause. In addition to observing the foregoing requirements, all persons shall refrain from any act, although not heretofore specified, which may result in the contamination of any portion of the water supply of the subdivision known as Bear Ridge Lake.

(f) Inspections. The board of directors of Bear Ridge Lake Corporation or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the subdivision known as Bear Ridge Lake or their duly appointed representative shall make regular and thorough inspections of the area surrounding the wells 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 directors to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the board of directors to promptly notify the State Commissioner of Health and the Commissioner of Health of the Westchester County Health Department of such violations. The board of directors shall report to the State Commissioner of Health and the Commissioner of Health of the Westchester County Health Department in writing annually, on the first of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general surroundings of the wells at the time of the last inspection. (g) Penalty. In accordance with section 70 of the Public Health Law, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.
 

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Section 155.106 - New Rochelle Water Company

155.106 New Rochelle Water Company.

(a) Application. The following rules and regulations enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as finally amended by chapter 391 of the Laws of 1933, shall apply to Pocantico Lake and/or to any reservoirs which have been or may be constructed to serve as sources or any part of the public water supply of the New Rochelle Water Company and to all watercourses, the water from which is tributary to or discharged into Pocantico Lake or said reservoirs.

(b) Definitions. (1) The term water supply means the public water supply of the New Rochelle Water Company.

(2) The term reservoir means Pocantico Lake serving as the source of the water supply and any reservoir which has been or may be constructed to serve as any part of the water supply of the New Rochelle Water Company.

(3) The term watercourse means every spring, pond (other than reservoirs), stream, marsh or channel of any kind, the waters of which flow or may flow into this water supply.

(4) The linear distance of a structure or object from a reservoir or watercourse is the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(5) The term human excreta means feces, urine and other excretions commonly disposed of by the so-called dry system as typified by the ordinary privy.

(6) The term sewage means waste liquids containing human excreta and decomposing matter flowing in or from a house drainage system or sewer.

(c) Human excreta. (1) No human excreta shall be deposited, thrown or placed or allowed to escape into any reservoir or any tributary watercourse.

(2) No human excreta shall be placed or spread upon the surface of the ground at any point on the watershed of the water supply.

(3) No human excreta shall be buried in the soil on the watershed of the water supply unless deposited in trenches or pits at a distance of not less than 500 feet from any reservoir or any tributary watercourse and covered with not less than 18 inches of soil in such a manner as to effectually prevent its being washed over the surface of the ground by rain or melting snow.

(4) No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 100 feet of any reservoir or any tributary watercourse, unless such privy or receptacle shall contain or be a watertight receptacle, removable or otherwise, and no sewage shall be discharged or allowed to flow into any reservoir or any tributary watercourse nor upon the surface of the ground at any point on the watershed of the supply nor disposed beneath the surface of the ground within 100 feet thereof, except into a watertight receptacle, removable or otherwise, from which privy or receptacle no outward percolation can take place and which shall be emptied when filled up to within six inches of the top. If the contents of any such privy or receptacle shall be disposed of on the watershed, such contents shall be buried as set forth in paragraph (3) of this subdivision. All such privies and receptacles referred to in this paragraph shall be placed as far as possible (within said limiting distance) from any such reservoir or tributary watercourse, as the property to which such privy or receptacle is appurtenant shall permit, and shall be constructed or installed only with the approval and under the supervision of the New Rochelle Water Company and in such manner as effectually to prevent any pollution of the water supply. These restrictions and limiting distances shall not apply to sewage treatment plants installed under and in accordance with plans which first have been submitted to and approved by the State or Westchester County Commissioner of Health.

(5) Whenever, in the opinion of the State or Westchester County Commissioner of Health, excremental matter from the aforesaid privy, receptacle, trench or place of disposal may be washed over the surface of the ground or through the soil in an imperfectly purified condition into any reservoir or tributary watercourse, the said privy, receptacle, trench or place of disposal shall be removed, after due notice to the owner thereof, to such places as shall be considered safe and proper by the State or Westchester County Commissioner of Health.

(d) Bath water, sink wastes, garbage, etc. (1) No bath water, sink or laundry wastes or polluted liquid of any kind, except the effluent from a properly constructed and operated sewage treatment plant as hereinbefore provided by paragraph (4) of subdivision (c), shall be discharged or allowed to flow into any reservoir or any tributary watercourse nor be deposited beneath the surface of the ground within 50 feet of any reservoir or any tributary watercourse.

(2) No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or parts thereof, oil wastes or any other matter that pollutes water shall be deposited in any reservoir or tributary watercourse nor on or beneath the surface of the ground within 100 feet of any reservoir or any tributary watercourse nor in such manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into any reservoir or tributary watercourse.

(e) Bathing, boating, animals, manure, etc. (1) No person or persons shall bathe or swim or be allowed to bathe or swim in any reservoir or in any tributary watercourse except in such bathing places as may be operated in accordance with the State Sanitary Code (Chapter I of this Title) and under the supervision of the State or Westchester County Commissioner of Health.

(2) No boating or fishing of any kind, ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir or any tributary watercourse of the public water supply, except by duly authorized officers or employees of the New Rochelle Water Company.

(3) No animal or poultry shall be allowed to stand, wade, wallow or swim nor to be washed or watered in any reservoir or any tributary watercourse and no watering place shall be maintained in such way as to pollute any reservoir or tributary watercourse with excremental matter.

(4) 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 so located or maintained in such a manner that the drainage, leachings or washings therefrom may pollute any reservoir or any tributary watercourse.

(5) No manure pile shall be maintained or allowed to remain within 150 feet of any reservoir or any tributary watercourse.

(f) Camps. No camp, tent, building or other structure for the occupancy of laborers engaged in construction work or for other use, except as a private camp or dwelling maintained by a person for his own personal use or for use of family and friends, shall be located, placed or maintained within a distance of 300 feet of any reservoir or any tributary watercourse.

(g) Cemeteries. No interment of a human body shall be made within a distance of 200 feet of any reservoir or any tributary watercourse.

(h) General clause. In addition to observing the foregoing requirements, all persons living on or visiting the watershed shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply.

(i) Inspections. The New Rochelle Water Company or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representative of said company shall make regular and thorough inspections of all reservoirs, watercourses and watersheds 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 water company 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 said water company to promptly notify the State and Westchester County commissioners of health of such violations. The water company shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

(j) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 391 of the Laws of 1933, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.

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Section 155.107 - New York Inter-Urban Water Company

155.107 New York Inter-Urban Water Company.

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 72 of the Public Health Law heretofore set forth shall apply to that portion of the drainage area of Mamaroneck Creek which forms or is tributary to the source of water supply of the New York Inter-Urban Water Company of Westchester County, N. Y. They shall also apply to the reservoirs and to the coagulation basins of the said company.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to any reservoir or coagulation basins of the New York Inter-Urban Water Company.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and coagulations basins), stream, ditch, gutter or other channel or permeable pipe or conduit of every kind, the water of which when running, whether continuously or occasionally, eventually flows or may flow into the water supply of the said New York Inter-Urban Water Company.

(3) Wherever a linear distance of a structure or object from a reservoir or from a watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed or maintained with its nearest point within 50 feet of any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company, except the properly constructed and operated sewage treatment plant as hereinafter set forth in subdivision (e), provided, however, that the property on which the privy, privy vault, pit, cesspool or any other receptacle intended for the deposit of human excreta is built or to be built is so located, bounded or otherwise placed that the distance above named can be obtained within the limits of such property.

(2) Every privy, privy vault, pit or other receptacle, used or intended for either the temporary storage or the permanent deposit of human excreta and built on property which is so located, bounded or otherwise placed that the distance named in paragraph (1) of this subdivision cannot be obtained within the limits of such property, shall be placed as far as possible from the reservoir or watercourse and shall be especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight vessels or receptacles are provided, they shall be placed in watertight concrete or masonry receptacles and shall be located as far as practicable from the reservoir or watercourse. All receptacles referred to in this paragraph shall be constructed only with the approval of and under the supervision of the New York Inter-Urban Water Company and so located that the tops of such receptacles shall be above the highest known water level of Mamaroneck Creek or tributaries.

(3) Whenever a privy, privy vault, pit or other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta is especially constructed and made watertight and located nearer the reservoir or watercourse than the distances named in paragraph (1) of this subdivision, such receptacle shall be emptied at regular intervals and disinfected as often as may be necessary to maintain it in a proper sanitary condition and to effectually prevent any overflow and in the case of a property occupied by the owner during the summer only, the said receptacle shall be emptied at least once every fall at the end of the summer season, disinfected with lime and left empty during the winter. The work of emptying and disinfecting these receptacles shall be done under the supervision of or in accordance with the directions of the New York Inter-Urban Water Company and in such a manner as to effectually prevent any pollution of the public water supply of the New York Inter-Urban Water Company and in a manner provided hereinafter in paragraphs (6) and (7) of this subdivision.

(4) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta be constructed, located, placed or maintained with its nearest point within 150 feet of any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company.

(5) Every privy, privy vault, pit, cesspool or other receptacle or place, used for the temporary storage of human excreta, which is constructed, located or maintained within the aforesaid 150 feet, horizontal measurement, of the water line of any reservoir or the edge, margin or precipitous bank of any watercourse of the water supply of the New York Inter-Urban Water Company, from which privy or other receptacle the excreta are not at once removed automatically by means of suitable watertight pipes or conduits to some proper place of ultimate disposal, shall be arranged in such manner that all such excreta shall be received temporarily in suitable vessels or receptacles which shall at all times be maintained in an absolutely watertight condition and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth in paragraphs (6) and (7) of this subdivision. (6) The excreta collected in the aforesaid receptacles referred to in paragraph (5) of this subdivision shall be removed and the receptacles thoroughly cleaned and deodorized as often as may be found necessary, in order to maintain the privy in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundations or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(7) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in any aforesaid receptacles shall, when removed, be disposed of by burying in trenches or by thoroughly digging it into the soil in such place and manner as to effectually prevent them being washed over the surface of the ground by rain or melting snow and at distances not less than 300 feet, horizontal measurement, from the high-water mark of any reservoir or not less than 200 feet from the edge, margin or precipitous bank of any watercourse of the New York Inter-Urban water supply.

(8) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, the excremental matter from any privy or any aforesaid receptacle or from any trench or place of disposal or the garbage or wastes from any dump may, in the opinion of the State Commissioner of Health, be washed over the surface or through the soil into any reservoir or watercourse in an imperfectly purified condition, then the said privy or receptacle for excreta or the said trench or place of disposal or the said garbage or waste dump shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) House slops, bath water, garbage, sewage.

(1) (i) No house slops, bath water, sewage nor excremental matter from any water closet, privy or cesspool shall be led, conducted or discharged by any pipe, drain or ditch into any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company, nor shall any such matters be placed, led, discharged or allowed to escape onto the surface of the ground or into the ground beneath the surface within 150 feet of any such reservoir or watercourse except into watertight vessels or receptacles, the contents of which are to be removed as provided by paragraph (7) of subdivision (c).

(ii) Subparagraph (i) of this paragraph, however, shall not prohibit the discharge into a watercourse tributary to the water supply of said company of a satisfactorily purified effluent from a modern sewage treatment plant, constructed in strict accordance with plans approved by the State engineer and in accordance with permit issued by this department, nor shall this subparagraph prohibit the location of such sewage treatment plant within the limiting distance given above.

(2) (i) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste water from creameries, cheese factories, laundries nor water in which milk cans, utensils, clothing, bedding, carpets or harnesses have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company, nor shall any such liquid or solid refuse or waste be thrown or discharged upon the surface of the ground or into the ground beneath the surface in any manner whereby the same may flow into any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company within 100 feet of any such reservoir or within 75 feet of any such watercourse, except into watertight vessels or receptacles, the contents of which are to be removed as provided by paragraph (7) of subdivision (c).

(ii) Subparagraph (i) of this paragraph, however, shall not prohibit the discharge into a watercourse tributary to the water supply of said company of a satisfactorily purified effluent from a modern sewage or waste treatment plant, constructed in strict accordance with plans approved by the State engineer and in accordance with permit issued by this department, nor shall this subparagraph prohibit the location of such sewage or waste treatment plant within the limiting distance given above. (3) No clothing, bedding, carpets, harnesses, vehicles, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company.

(e) Approval of sewage treatment plants. No sewage or waste treatment plant, the effluent from which is to be discharged or allowed to flow directly or indirectly into Mamaroneck Creek or any watercourse tributary thereto, shall be constructed, enlarged, altered or put in operation until plans for the same have been approved by the State engineer and a permit issued by the State Commissioner of Health allowing the discharge of such effluent and a copy of the plans, as approved, filed with the New York Inter-Urban Water Company.

(f) Bathing, manure, compost, animals, etc. (1) No person shall be allowed to bathe in any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be located, placed, maintained or allowed to remain with its nearest point less than 100 feet from any reservoir or 50 feet from any watercourse of the water supply of the New York Inter-Urban Water Company; and none of the above-named objects or sources of pollution shall be so located, placed, maintained or allowed to remain that the drainings, leachings or washings from the same may enter any such reservoir or watercourse without first having been passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the above drainage, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for the distance of not less than 150 feet before entering any such reservoir nor less than 75 feet before entering any such watercourse.

(3) No human excrement or compost containing human excrement shall be placed, piled or spread upon the ground or dug or buried in the soil within a distance of 300 feet from any reservoir or 200 feet from any watercourse of the water supply of the New York Inter-Urban Water Company; and no manure or compost of any kind shall be placed, piled or spread upon the ground within 100 feet of any such reservoir or 50 feet of any such watercourse.

(4) No decayed or fermented fruit or vegetables, cider mill waste, roots, grain or other vegetable refuse of any kind shall be located, placed, maintained or allowed to remain in such places that the drainage, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that sufficient purification has been secured unless the above-mentioned drainage, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 100 feet before entering any such reservoir or 50 feet before entering any such watercourse.

(g) Dead animals, offal, manufacturing waste, etc. No dead animal, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed in or allowed to pass into any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company; nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 150 feet before entering any such reservoir or 100 feet before entering any such watercourse.

(h) Fishing and boating. No fish shall be taken from any reservoir or Silver Lake nor shall any person fish in any reservoir or Silver Lake or through the ice upon the same nor trespass upon the waters of any reservoir or Silver Lake or the ice thereon nor maintain or use any boat or boats thereon except the officials or duly authorized employees of the New York Inte r-Urban Water Company in the exercise of their duties in the management and operation of the reservoirs or Silver Lake.

(i) Camps. No temporary camp, tent, building or other structure for housing laborers engaged on construction work or for other purposes shall be located, placed or maintained within a distance of 500 feet of any reservoir or 250 feet of any watercourse. (j) Cemeteries. No interment of a human body shall be made within 300 feet of any reservoir or watercourse.

(k) Inspections. The New York Inter-Urban Water Company, through its superintendent or other duly authorized official, shall maintain systematic and thorough inspection of the reservoirs, streams and of the entire drainage area tributary thereto for the purpose of determining whether the above rules are being complied with. At least four such inspections shall be made each year and such others as may directed by the State Commissioner of Health. A full and detailed report of each such inspection, including a statement of such violation or noncompliance with the rules, shall be submitted in writing to the State Commissioner of Health within 10 days of the completion of such inspection.

(l) Penalty. In accordance with section 70 of chapter 661 of the Laws of 1893, as finally amended by chapter 582 of the Laws of 1906, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.
 

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Section 155.108 - Stamford Water Company

155.108 Stamford Water Company.

(a) Application. The rules and regulations hereinafter given, duly made an enacted in accordance with the provisions of sections 70, 71 and 72 of the Public Health Law heretofore set forth shall apply to Trinity Lake, Mud Pond or Mead Pond and to all those portions of Mill River, otherwise called Rippowan River, which are situated within the State of New York (Westchester County) lying above the reservoir and intake of the Stamford Water Company, as well as to every spring, stream, ditch, gutter, drain or watercourse of any kind, the waters of which when running eventually flow into Mud Pond, Trinity Lake or Mill River within the said State above such intake.

(b) Privies adjacent to ponds, lakes, reservoirs or watercourses. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for the deposit, reception or storage of human excreta shall be constructed, located, placed or maintained with its nearest point within 50 feet, horizontal measurement, of the high-water mark of any lake, pond or reservoir or of the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or other watercourse of any kind, the waters of which comprise or, when running, flow eventually into Trinity Lake, Mud Pond or Mill River within the said State.

(2) Every privy, privy vault, pit or cesspool or other receptacle or place used for the deposit, reception or storage of human excreta which is constructed, located or maintained within 250 feet, horizontal measurement, of the high-water mark of any lake, pond or reservoir or of the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or watercourse of any kind whose waters comprise or, when running, flow into Trinity Lake, Mud Pond or Mill River within the said State, and from which privy or other receptacle the excreta are not at once removed automatically by means of suitable watertight pipes or conduits to some proper place of ultimate disposal as hereinafter provided, shall be arranged in such manner that all such excreta shall be received temporarily in suitable vessels or receptacles which shall at all times be maintained in an absolutely watertight condition, and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(3) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleaned and deodorized as often as may be found necessary in order to maintain the privy in proper sanitary condition and to effectually and strictly prevent any overflow upon the soil or upon the foundations or floor of the privy. In effecting this removal none of the contents shall be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified, so that the least possible annoyance and inconvenience shall be caused to the occupants of the premises or of adjacent premises.

(4) Unless otherwise specifically ordered or permitted by the State Department of Health, the excreta collected in the aforesaid receptacles shall, when removed, be disposed of by burying in trenches or by thoroughly digging into the soil in such place and manner as to effectually prevent them being washed over the surface of the ground by rain or melting snow and at distances not less than 250 feet, horizontal measurement, from the high-water mark of any lake, pond or reservoir or from the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or watercourse of any kind, the waters of which comprise or, when running, flow into Trinity Lake, Mud Pond or Mill River within the said State.

(5) Whenever it shall be found that, owing to the character of the soil or to the surface of the ground or owing to the height or flow of subsoil or surface water or through special local conditions, the excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal may, in the opinion of the State Department of Health, be washed over the surface of the ground or through the soil into any lake, pond or reservoir, spring, stream, ditch or gutter, drain or other watercourse, the waters of which comprise or, when running, flow into the aforesaid Trinity Lake, Mud Pond or Mill River within the said State, then the said privy or receptacle for excreta or the said trench or place of disposal shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Department of Health.

(c) House slops, sink waste, laundry water, garbage, refuse, etc. (1) No sewage, garbage, putrescible matter, house slops, bath water, kitchen or sink waste, refuse or waste water from creameries, cheese factories or laundries or water in which milk cans, utensils, clothes, bedding, carpets or harnesses have been washed or rinsed nor any polluted water or liquid shall be thrown or discharged directly into any lake, pond, reservoir, spring, stream, ditch, gutter, drain or other watercourse comprising or flowing into Trinity Lake, Mud Pond or Mill River within the said State, nor shall any such liquid be thrown or discharged upon the surface of the ground or into the ground below the surface in any manner whereby the same may flow into any lake, pond, reservoir, spring, stream, ditch, gutter, drain or watercourse aforesaid within 100 feet, horizontal measurement, of the high-water mark of any lake, pond or reservoir or of the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or other watercourse aforesaid. (2) No clothing, bedding, carpets, harness, vehicles, tanks, barrels, receptacles, utensils nor animals nor anything that pollutes water shall be washed or rinsed in, nor shall any person bathe in any lake, pond, reservoir, spring, stream, ditch, gutter, drain or other watercourse comprising or flowing into Trinity Lake, Mud Pond or Mill River within the State of New York.

(d) Manures, compost, etc. (1) No stable for cattle or horses, barnyard, hogyard, poultry yard, cattle pen, pigsty, henhouse, hitching place or standing place for horses or other animals and no manure pile, compost heap, piles of fermented or decayed fruit, apple pumice, cider mill waste, vegetables, roots, grain, leaves or other vegetable substances shall be located, placed or maintained or allowed to remain in such place or manner that the washing or draining therefrom may flow in open, blind or covered drains or channels of any kind into any lake, pond, reservoir, spring, stream, ditch, gutter, drain or watercourse aforesaid without first having passed over or through such an extent of soil as to have become properly purified and in no case shall the above named sources or causes of pollution be so located or allowed to remain that their nearest point is less than 100 feet, horizontal measurement, from the high-water mark of any lake, pond, reservoir or the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or watercourse of any kind which comprises or, when running, flows into Trinity Lake, Mud Pond or Mill River within the State of New York.

(2) No human excreta or compost containing human excreta shall be spread upon the ground within 250 feet, horizontal measurement, of the high-water mark of any lake, pond, reservoir or of the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or watercourse of any kind whose waters comprise or, when running, flow into Trinity Lake, Mud Pond or Mill River in the said State, and no manure or compost of any kind shall be spread or deposited upon the ground so as to be washed a less distance than 100 feet over the surface or through the soil before reaching the nearest point of any such aforesaid lake, pond, reservoir, spring, stream, ditch, gutter, drain or other watercourse.

(e) Dead animals, offal, manufacturing wastes, etc. (1) No dead animal, bird, fish nor any part thereof nor any offal nor putrescible matter nor any polluted waters or refuse from any slaughterhouse, dairy, creamery, cheese factory, cider mill or other manufactory shall be thrown or allowed to run into any lake, pond, reservoir, spring, stream, ditch, gutter, drain or other watercourse whose waters comprise or, when running, flow into Trinity Lake, Mud Pond or Mill River in the said State, nor shall any such refuse or polluted material aforesaid be so deposited that any portion thereof or of the polluted drainage therefrom shall be washed over or through the soil a less distance than 100 feet before reaching the nearest point of any such aforesaid lake, pond, reservoir, spring, stream, ditch, gutter, drain or watercourse.

(2) No dead animal, bird, fish, fowl or reptile nor any part thereof shall be buried in the ground within 250 feet of the high-water mark of any aforesaid lake, pond or reservoir or the high-water mark or precipitous bank of any such aforesaid spring, stream or watercourse.

(3) No live sheep or other animals shall be washed in any lake, pond or reservoir or in any such aforesaid spring, stream or watercourse; neither shall any person swim, bathe or wash in any said lakes, ponds or reservoirs, streams or watercourses.

(4) The waste liquids which may be polluted with putrescible or deleterious organic matter from any of the operations above indicated shall be all thoroughly filtered or otherwise properly purified before being allowed to escape into any lake, pond or reservoir or into any spring, stream or watercourse tributary thereto.

(f) Cemeteries. No interment shall be made in any cemetery or other place of burial within 250 feet, horizontal measurement, of the high-water mark or precipitous bank of any lake, pond or reservoir or of any spring, stream or watercourse whose waters comprise or, when running, flow into Trinity Lake, Mud Pond or Mill River within the aforesaid State.

(g) Penalties. In accordance with section 70 of chapter 661 of the Laws of 1893, as finally amended by chapter 484 of the Laws of 1904, the penalty of each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.
 

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Section 155.109 - Bedford Farms Water Co., Inc.

155.109 Bedford Farms Water Co., Inc. (a) Application. The rules and regulations hereinafter set forth, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to the wells which comprise the source of the public water supply of the Bedford Farms Water Co., Inc., Westchester County, New York. Said wells are located on land owned by Bedford Farms Water Co., Inc. and are situated approximately one-half mile south of the Bedford Village Green, at the intersection of Route 22 and the Farms Road.

(b) Definitions. (1) 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).

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

(3) 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.

(4) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the well.

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

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

(7) 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 said land, or any part of a farm on which only animal wastes resulting from the operation of such farm are deposited.

(8) Sewage shall mean the waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.

(9) Toxic chemical shall mean any compound or substance which is or may be poisonous to humans.

(10) Water supply shall mean the public water supply of the Bedford Water Co., Inc., Westchester County, New York.

(11) Well shall mean the wells now used as a source of this public water supply or to any additional well which may be constructed at this point as a source for this public water supply.

(c) General prohibition. No person, including State agencies or political divisions having jurisdiction, shall perform any act or grant any permit or approval which may result in the contravention of the standards for raw water quality as contained in Part 170 of this Chapter.

(d) Specific prohibitions. (1) Cemeteries. No interment of a human body shall be made within a linear distance of 250 feet.

(2) Chloride salt. No chloride salt storage area shall be located within a linear distance of 500 feet except in weatherproof buildings or watertight vessels.

(3) 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, shall be constructed, located, placed, maintained or allowed to remain within a linear distance of 100 feet.

(ii) No human excreta shall be deposited or spread upon or beneath the surface of the ground within a linear distance of 100 feet.

(iii) Sewage. No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground (except into watertight pipes connected to a sewage disposal system, a permit for which shall have been granted by the appropriate State agency having jurisdiction over such facility) within a linear distance of 100 feet. It is provided, however, that no such watertight pipe shall be located within a linear distance of 15 feet of the well.

(4) Radioactive material. No radioactive material in excess of the quantity listed for said material in Table 4, Appendix 1, Part 16 of this Title shall be disposed of by burial in soil within a linear distance of 500 feet.

(5) Solid waste. (i) Junkyards. No junkyard shall be located within a linear distance of 250 feet.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of the ground within a linear distance of 250 feet.

(iii) Refuse disposal area. No refuse disposal area shall be located within a linear distance of 500 feet.

(6) Toxic chemicals. No container used for the storage of gasoline, kerosene, fuel oil, diesel oil or toxic chemicals shall be buried beneath the surface of the ground within a linear distance of 500 feet.

(7) Trespassing. No trespassing shall be allowed upon the property of the Bedford Farms Water Co., Inc. upon which the well is located and no person or persons shall enter in or upon such property except the person or persons as may be charged with the maintenance of the supply in the official performance of their duties of supervision or maintenance of the supply or except such other persons as may be authorized to enter said property by the Bedford Farms Water Co., Inc. (e) Inspections. The board of directors, or any person or persons as may be charged with the maintenance or supervision of the water supply, shall make regular and thorough inspections of the area surrounding the well as to ascertain whether this Part is being complied with. It shall be the duty of the aforesaid board of directors to cause copies of any rules and regulations violated to be served upon the persons violating the same together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid board of directors to promptly notify the State Commissioner of Health of such violations. The aforesaid board of directors shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations found, the number of notices served, the number of violations abated and the general condition of the area surrounding the well at the time of the last inspection.

(f) Penalties for violations. Penalties for violations shall be in accordance with section 1103 of the Public Health Law.
 

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Section 155.110 - Salem Acres Association

155.110 Salem Acres Association. (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 well which comprises the source of the public water supply of the Salem Acres Association. Said well is located on land owned by the Salem Acres Association and is situated approximately on Lakeview Drive and designated 45A on Map No. Vol. 67 p 60 filed May 10, 1928.

(b) Definitions. (1) 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).

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

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

(4) 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.

(5) 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 well.

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

(7) 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, municipal and agricultural waste.

(8) 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.

(9) 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.

(10) 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 said land, or any part of a farm on which only animal wastes resulting from the operation of such farm are deposited.

(11) 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.

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

(13) Toxic chemical shall mean any compound or substance, including but not limited to gasoline, kerosene, fuel oil or diesel oil, which is or may be harmful or poisonous to humans.

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

(15) Water supply shall mean the public water supply of the Salem Acres Association.

(16) Well shall mean a well now used as a source of this water supply or to any additional well which may be constructed at this point as a source for this 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 the 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 250-foot linear distance of the well.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the well except in weatherproof buildings or watertight vessels.

(3) Herbicides and pesticides. No pesticides or herbicides shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the well 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 150-foot linear distance of the well. (ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 150-foot linear distance of the well.

(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 150-foot linear distance of the well; 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 15-foot linear distance of the well.

(5) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the well and not within a 500-foot to a 1,000-foot linear distance of the well unless authorization has been obtained from the appropriate State agency and such burial is in accordance with provisions of Part 16 of this Title.

(6) Solid waste. (i) Junkyards. No junkyard shall be located within a 250-foot linear distance of the well.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of the ground within a 250-foot linear distance of the well.

(iii) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of the well.

(7) Toxic chemicals. No container used for the storage of gasoline, kerosene, fuel oil, diesel oil or toxic chemicals shall be buried beneath the surface of the ground within a 150-foot linear distance of the well.

(8) Trespassing. No trespassing shall be allowed upon the property of the Salem Acres Association upon which the well is 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 Salem Acres Association.

(e) Inspections. The Salem Acres Association or any person or 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 to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid Salem Acres Association to cause copies of any rules and regulations violated to be served upon the persons violating the same together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid Salem Acres Association to promptly notify the State Commissioner of Health of such violations. The aforesaid Salem Acres Association shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations found, the number of notices served, the number of violations abated and the general condition of the area surrounding the well at the time of the last inspection.

(f) Penalties for violations. Penalties for violations of this section shall be those specified by section 1103 of the Public Health Law.
 

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Section 155.111 - Windsor Oaks Property Owners Association, Village of Croton-on-Hudson, Westchester County

155.111 Windsor Oaks Property Owners Association, Village of Croton-on-Hudson, Westchester County. (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 well which comprises the source of the public water supply of the Windsor Oaks Property Owners Association located in the Village of Croton-on-Hudson, Westchester County, N.Y. Said well is located on land owned by the Windsor Oaks Property Owners Association and is situated easterly of Oak Place and southerly of Mount Airy East in the Town of Cortland.

(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) 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.

(6) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the extension of the centerline of the well.

(7) Manure shall mean animal feces and urine.

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

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

(10) 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, industrial and municipal and agricultural- and nonagricultural-associated animal waste.

(11) 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.

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

(13) 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.

(14) 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 said land, or any part of a farm on which only agricultural-associated animal wastes resulting from the operation of such farm are deposited.

(15) 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.

(16) Sewage disposal system shall mean any system used for disposing of sewage, and includes treatment works.

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

(18) 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.

(19) Water supply shall mean the public water supply of the Windsor Oaks Property Owners Association, Westchester County, N.Y.

(20) Well shall mean the well now used as a source of water supply for the Windsor Oaks Property Owners Association of any additional wells which may be constructed or developed 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 the 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 250-foot linear distance of the well.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the well, except in weatherproof buildings or watertight vessels.

(3) Herbicides and pesticides. No pesticides or herbicides shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the well 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 250-foot linear distance of the well.

(ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 250-foot linear distance of the well.

(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 250-foot linear distance of the well, 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 facilities. No such watertight pipe shall be located within a 25-foot linear distance of the well.

(5) Junkyards. No junkyard shall be located within a 250-foot linear distance of the well.

(6) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the well and not within a 500-foot to a 1,000-foot linear distance of the well unless authorization has been obtained from the appropriate State agency, and such burial is in accordance with provisions of Part 16 of this Title.

(7) Refuse. No refuse shall be deposited on or beneath the surface of the ground within a 250-foot linear distance of the well.

(8) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of the well.

(9) Toxic substances. No container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 500-foot linear distance of the well, except as otherwise permitted under the provisions of subparagraph (4)(iii) of this subdivision.

(10) Trespassing. No trespassing shall be allowed upon the property of the Windsor Oaks Property Owners Association upon which the well is 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 Windsor Oaks Property Owners Association.

(11) Other wastes. No pollutant of any kind shall be discharged or deposited on or beneath the surface of the ground on the watershed within 250 feet of the well except as otherwise permitted by subparagraph (4)(iii) of this subdivision.

(e) Inspections. The duly appointed representative of the Windsor Oaks Property Owners Association shall make regular and thorough inspections of the area surrounding the well to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid association to cause copies of any rules and regulations violated to be served upon the persons violating the same, together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid association to promptly notify the State Commissioner of Health of such violations. The aforesaid association shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations found, the number of notices served, the number of violations abated and the general condition of the area surrounding the well at the time of the last inspection.

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

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