Part 151 - Ulster County

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CITIES

Section 151.1 - City of Kingston

CITIES

Section 151.1 City of Kingston.

(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 those portions of Sawkill and Mink Hollow creeks, to Cooper's Lake and to all other artificial reservoirs and to all watercourses and drainage areas tributary thereto, which serve as sources of the public water supply of the City of Kingston, Ulster County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to any natural or artificial reservoir, lake or pond which stores or detains water that enters or may enter into the public water supply of the City of Kingston.

(2) The term watercourse wherever used in this section is intended to mean and refer to any spring, stream, ditch, gutter or other channel, permeable pipe, conduit or watercourse 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 City of Kingston.

(3) Wherever a linear distance of a structure or object from a reservoir or from a watercourse as 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 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 reservoir or 50 feet of any watercourse tributary to the public water supply of the City of Kingston, except a properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (d)(2) of this section.

(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 reservoir or 150 feet of any watercourse tributary to the the public water supply of the City of Kingston.

(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 distances prescribed by paragraph (1) of this subdivision and the limiting distances prescribed by paragraph (2) of this subdivision, shall be arranged in such a manner that all excreta shall be received in 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 be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises or 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 300 feet from any reservoir or 150 feet from any watercourse tributary to the public water supply of the city of Kingston.

(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 reservoir or watercourse, 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, except the effluent from a properly constructed and operated sewage disposal plant, as hereinafter provided by paragraph (2) of this subdivision, shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner, either directly or indirectly, into any reservoir of or any watercourse tributary to the public water supply of the city of Kingston, nor shall any such liquid or solid matters be thrown, placed, led, conducted, discharged or allowed to escape or flow onto the surface of the ground or into the ground beneath the surface (except into watertight receptacles or removable containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 150 feet of any reservoir or 75 feet of any watercourse tributary to the public water supply of the city of Kingston.

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

(3) 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, except the effluent from a properly constructed and operated sewage disposal plant, as heretofore provided under paragraph (2) of this subdivision, shall be thrown or discharged directly or indirectly into any reservoir or any watercourse tributary to the public water supply of the city of Kingston nor shall any such liquid or solid refuse or waste matter be thrown or discharged upon the surface of the ground or into the ground beneath the surface (except into watertight receptacles or removable containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 150 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the city of Kingston.

(4) No clothing, bedding, carpet, harness, vehicle, receptacle, utensil nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse tributary to the public water supply of the city of Kingston.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in and no animal or poultry shall be allowed to stand, wallow, wade or swim nor be washed or watered in any reservoir of the public water supply of the city of Kingston. No watering place shall be maintained in such a way as to pollute with muddy leachings or excremental matter any watercourse tributary to the public water supply of the city of Kingston.

(2) 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 reservoir or 25 feet of any watercourse tributary to the public water supply of the city of Kingston, 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 reservoir or any 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 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 reservoir or 25 feet from any watercourse tributary to the public water supply of the city of Kingston.

(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 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 Kingston, nor shall such human excreta or 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 300 feet from any reservoir or 150 feet from any watercourse tributary to the public water supply of the city of Kingston; and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 150 feet of any reservoir or 25 feet of any watercourse tributary to the public water supply of the city of Kingston. (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 any such place that the drainings, 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 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 reservoir or 25 feet of any watercourse tributary to the public water supply of the city of Kingston.

(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 any watercourse, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any reservoir or any 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 300 feet from any reservoir or 150 feet from any watercourse tributary to the public water supply of the city of Kingston.

(g) Fishing, boating and ice cutting. No boating or fishing of any kind and no ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir of the public water supply of the city of Kingston, except by duly authorized employees of the city of Kingston in the performance of their duties of supervision and maintenance of the public water supply of the city of Kingston.

(h) Camps. No temporary camp, tent, building or other structure for housing laborers engaged in construction work or for other purposes shall be located, placed or maintained within a distance of 150 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the city of Kingston.

(i) Cemeteries. No interment of a human body shall be made within a distance of 100 feet of any reservoir or watercourse tributary to the public water supply of the city of Kingston.

(j) Inspections. The board of water commissioners of the city of Kingston or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the city of Kingston or the duly appointed representatives of any such board shall make regular and thorough inspections of the reservoirs, watercourses 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 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.

(k) 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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VILLAGES

Section 151.2 - Village of New Paltz

VILLAGES

151.2 Village of New Paltz.

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of section 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 to 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 New Paltz, Ulster 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 into the public (water) supply of the village of New Paltz.

(3) Whenever 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 watercourse tributary to the public water supply of the village of New Paltz.

(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 watercourse tributary to the public water supply of the village of New Paltz.

(3) Every privy, privy vault, pit or other receptacle or place, used for the temporary storage of human excreta which is 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, from which privy or other receptacle the excreta are not at once removed by pump or other satisfactory means through 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.

(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 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 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 New Paltz.

(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 of the aforesaid 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 excretal matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, conducted, discharged or allowed to escape HEALTH 10B 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 New Paltz, 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 or watercourse tributary to the public water supply of the village of New Paltz.

(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 200 feet from any reservoir or watercourse tributary to the public water supply of the village of New Paltz.

(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 New Paltz is prohibited, nor shall any such watering be allowed in any watercourse tributary to this water supply within 1000 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 New Paltz.

(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 watercourse tributary to the public water supply of the village of New Paltz. 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 watercourse tributary to the public water supply of the village of New Paltz.

(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 any watershed tributary to the public water supply of the village of New Paltz; 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 New Paltz, 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 New Paltz.

(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 watercourse tributary to the public water supply of the village of New Paltz. (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 200 feet from any reservoir or watercourse tributary to the public water supply of the village of New Paltz.

(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 except by written permission and in strict compliance with the regulations to be adopted by the board of trustees of the village of New Paltz. All ice cutting shall be done under rigid inspection and supervision of the board of trustees of the village of New Paltz.

(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 New Paltz.

(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 New Paltz.

(j) Inspections. The board of trustees 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 trustees 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 trustees to promptly notify the State Commissioner of Health of such violations. The board of trustees 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 151.3 - Village of Saugerties

151.3 Village of Saugerties.

(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 on the Plattekill 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 Saugerties, Ulster 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 Plattekill 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 water supply of the village of Saugerties.

(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) (i) No privy, privy vault, pit or receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be placed, maintained or allowed to remain within 75 feet of any reservoir or watercourse tributary to the public water supply of the village of Saugerties, except the properly constructed and operated sewage disposal plant, as hereinafter set forth in subparagraph (ii) of paragraph (1) of subdivision (d), 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.

(ii) 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 subparagraph (i) of this paragraph cannot be obtained within the limits of such property shall be placed as far as possible from any reservoir or watercourse tributary to the public water supply of the village of Saugerties and 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 any reservoir or watercourse tributary to the public water supply of the village of Saugerties. All receptacles referred to in this subparagraph shall be constructed only with the approval of and under the supervision of the board of water commissioners of the village of Saugerties and so located that the tops of such receptacles shall be above the highest known water level of the reservoir or tributary watercourses.

(iii) Whenever a privy, privy vault, pit or other receptacle of any kind used for either the temporary storage or permanent deposit of human excreta is especially constructed and made watertight and located nearer any reservoir or tributary watercourse than the distance named in subparagraph (i) of this paragraph, such receptacle shall be emptied at regular intervals and disinfected as often as may be necessary to maintain them in a proper sanitary condition and to effectually prevent any overflow and in the case of the properties occupied by the owners during the summer, the said receptacles 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 direction of the board of water commissioners of the village of Saugerties and in such a manner as to effectually prevent any pollution of the public water supply of the village of Saugerties.

(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 200 feet of any reservoir or any watercourse tributary to the public water supply of the village of Saugerties. (3) Every privy, privy vault, pit or other receptacle or place, used for the temporary storage of human excreta which is 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, from which privy or other receptacle the excreta are not at once removed by pump or other satisfactory means through 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 be at all times maintained in an absolutely watertight condition and which will permit of convenient removal 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 Saugerties.

(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) (i) 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 Saugerties, 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 200 feet of any reservoir or any watercourse tributary to the public water supply of the village of Saugerties.

(ii) No sewage disposal plant, the effluent from which is to be discharged or allowed to flow directly or indirectly into any reservoir or watercourse tributary to the public water supply of the village of Saugerties, shall be operated, constructed, enlarged, altered or put in operation without permission of the State Commissioner of Health. All sewage disposal plants on the watershed of reservoirs or watercourses tributary to the public water supply of the village of Saugerties shall be operated and maintained under the supervision of the board of water commissioners of the village of Saugerties.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any dairy, 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 except the effluent from a properly constructed and operated sewage disposal plant, as heretofore provided under subparagraph (ii) of paragraph (1) of this subdivision, shall be thrown or discharged into any reservoir or watercourse tributary to the public water supply of the village of Saugerties, nor shall any such liquid or solid matter be thrown or discharged upon the surface of the ground or into the ground below the surface except into watertight vessels or receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 100 feet from any reservoir or any watercourse tributary to the public water supply of the village of Saugerties. (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 Saugerties is prohibited, nor shall any such watering be allowed in any watercourse tributary to this supply within 1000 feet of said reservoirs. 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 Saugerties.

(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 any watercourse tributary to the public water supply of the village of Saugerties, 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 any watercourse tributary to the public water supply of the village of Saugerties.

(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 ground at any point on any watershed tributary to the public water supply of the village of Saugerties, 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 any watercourse tributary to the public water supply of the village of Saugerties, 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 any watercourse tributary to the public water supply of the village of Saugerties.

(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 drainings, 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 any watercourse tributary to the public water supply of the village of Saugerties.

(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 drainings, 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 any watercourse tributary to the public water supply of the village of Saugerties.

(g) Fishing, boating and ice cutting. No boating of any kind or fishing from boats or through the ice or any trespassing whatever sh all be allowed in or upon the waters or ice of the reservoirs except by written permission and in strict compliance with the regulations to be adopted by the board of water commissioners of the village of Saugerties, nor in any manner that may pollute the waters of this public water supply. All ice cutting shall be done under rigid inspection and supervision of the board of water commissioners. (h) Camps. No temporary camp, tent, building or other structure for housing laborers engaged in 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 Saugerties.

(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 Saugerties.

(j) Inspections. The board of water commissioners 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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TOWNS

Section 151.4 - Highland Water District, Town of Lloyd, Ulster County

TOWNS

151.4 Highland Water District, Town of Lloyd, Ulster 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 four Illinois Mountain Reservoirs numbers 1-4 and all watercourses tributary thereto or which may ultimately discharge into any of the said four Illinois Mountain Reservoirs or which may be developed in the future to serve as sources of the water supply to the Highland Water District in the Town of Lloyd.

(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 the structure or object to the high-water mark of a reservoir or to the edge, margin or steep bank forming the ordinary high-water line of a watercourse.

(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, and industrial, municipal, agricultural and nonagricultural associated animal wastes.

(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 cleaning, 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 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) Reservoir shall mean any natural or artificial lake or pond which is tributary to or serves as a source of the public water supply of the Highland Water District, Town of Lloyd.

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

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

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

(19) 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.

(20) Water district means the Highland Water District, Town of Lloyd.

(21) Water supply shall mean the public water supply of the water district.

(22) Watercourse shall mean every spring, stream, marsh, or channel or water of any kind which flows into the water supply of the water district.

(23) Watershed shall mean the entire drainage area contributing water to the water supply of the water district.

(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 any reservoir or watercourse. (2) Chloride salt. No chloride salt shall be stored within 500-foot linear distance of any reservoir or watercourse except in weatherproof buildings and watertight vessels.

(3) Herbicides and pesticides. No herbicides or pesticides shall be stored, discharged, applied or allowed to enter into any reservoir or watercourse unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(4) Human excreta and sewage. (i) No human excreta or sewage shall be deposited or allowed to escape into any reservoir or watercourse on the watershed.

(ii) No human excreta or sewage shall be deposited or spread upon the surface of the ground at any point on the watershed.

(iii) No human excreta or sewage shall be buried in the soil on the watershed unless deposited in trenches or pits at a linear distance of not less than 250 feet from any reservoir or watercourse and covered with not less than one foot of soil in such a manner as to effectually prevent its being washed into any reservoir or watercourse by rain or melting snow.

(iv) No privy receptacle or facilities of any kind for the deposit, movement, treatment or storage of human excreta or sewage shall be constructed, placed, maintained or allowed to remain within a 50-foot linear distance of any reservoir or watercourse except (a) watertight receptacles; (b) water-flushed toilets connected by a watertight pipe to a sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such facilities; and (c) a properly designed, constructed and operated treatment works that has been approved by the appropriate State agency having jurisdiction over such facility.

(v) No portion of the seepage unit (tile field, seepage pit or equivalent) of a subsurface sewage disposal system shall be constructed, placed or allowed to remain within a 100-foot linear distance of any reservoir or watercourse.

(vi) Every watertight receptacle used for containing human excreta or sewage shall be emptied when the receptacle is filled to within six inches of the top.

(vii) In emptying a watertight receptacle or in transferring its contents to a transportable receptacle, all necessary care shall be exercised to prevent contamination of any reservoir or watercourse. All such transportable receptacles shall be provided with tight-fitting covers which are securely fastened when transporting wastes to the place of ultimate disposal. The contents of the watertight receptacles shall be disposed of in accordance with subparagraph (iii) of this paragraph or at a properly designed, constructed and operated sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such facility.

(viii) Before any existing sewage disposal system is altered or any new sewage disposal system is constructed on the watershed, the plans in relation thereto shall have been first approved by the appropriate State agency having jurisdiction over such facility. Standards for waste treatment works as published from time to time by the appropriate State agency having jurisdiction over such facility and subparagraph (v) of this paragraph shall comprise the criteria to approve any proposed sewage disposal system.

(5) Junkyards. No junkyard shall be located within a 250-foot linear distance of any reservoir or watercourse.

(6) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 2,500-foot linear distance of any reservoir or watercourse and not within a 3,500-foot linear distance of any reservoir or watercourse 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.

(7) Recreation. (i) Bathing and swimming. No bathing and swimming shall be allowed in any reservoir or watercourse owned and used as water supply source by the water district.

(ii) Boating and fishing. No boating and fishing shall be allowed in or upon the waters of any reservoir or watercourse owned and used as water supply source by the water district.

(iii) Trespassing. No trespassing shall be allowed in or upon any reservoir or watercourse owned by the water district, within a 1,000-foot linear distance of the water supply intakes except by duly authorized employees of the water district in the performance of their duties of supervision and maintenance of the water supply, and agents of organizations having leases, licenses or easements from the Town of Lloyd.

(8) Refuse. No refuse shall be deposited on or beneath the surface of the ground within a 250-foot linear distance of any reservoir or watercourse. (9) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of any reservoir or watercourse.

(10) Structures. No hut, tent, shelter or building of any kind, except a waterworks structure, shall be permitted on the water or ice of any reservoir or watercourse owned by the water district.

(11) Toxic substances. No container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 2,500-foot linear distance of any reservoir or watercourse.

(12) Other wastes. No pollutant of any kind shall be discharged or allowed to flow into any reservoir or watercourse or on or beneath the surface of the ground on the watershed within 500 feet of any reservoir or watercourse. This restriction shall not apply to the effluent from a treatment works installed in accordance with plans which first have been submitted to and approved by the appropriate State agency having jurisdiction over such facilities.

(e) Inspections. The Town Board of the Town of Lloyd as commissioners of the water district 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 reservoir, watercourses and watershed to ascertain whether these 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. 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. Further steps to abate the said violations shall be taken in accordance with provisions of section 1102 of the Public Health Law. 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 watershed 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 151.17 - Kerhonkson Water Company, Kerhonkson

COMPANIES

151.17 Kerhonkson Water Company, Kerhonkson. (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 natural and artificial reservoirs on the Zalm Kill and to all watercourses and drainage areas tributary thereto or ultimately discharging into said reservoirs, such bodies of water being sources of the public water supply of the Kerhonkson Water Company at Kerhonkson, Ulster County, New York. HEALTH 10B

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to the impounding and storage reservoir on the Zalm Hill, which is tributary to or which serves as a source of the aforesaid public water supply, and 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 artificial reservoirs and filter basins), stream, ditch, gutter or 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 Kerhonkson 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 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 200 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company, except a properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (d)(2) of this section.

(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 reservoir or 75 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(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 distances prescribed by paragraph (1) of this subdivision, and the limiting distances 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 of the removable containers while being transported by thoroughly covered and that the least possible annoyance and inconvenience be caused to the occupants of the premises or 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 (4) 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 reservoir or 150 feet from any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(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 reservoir or watercourse, 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, except the effluent from a properly constructed and operated sewage disposal plant as hereinafter provided by paragraph (2) of this subdivision, 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 Kerhonkson Water Company, nor shall any such liquid or solid matters be thrown, placed, led, conducted, discharged or allowed to escape or flow onto the surface of the ground or into the ground beneath the surface (except into watertight receptacles or removable containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 300 feet of any reservoir 75 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(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 Kerhonkson Water Company, shall be constructed, enlarged, altered or put in operation until plans for the same have been approved and a permit issued by the State Commissioner of Health and a copy of the plans, as approved, filed with the Kerhonkson Water Company.

(3) 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, except the effluent from a properly constructed and operated sewage disposal plant as provided by paragraph (2) of this subdivision, shall be thrown or discharged directly or indirectly into any reservoir or any watercourse tributary to the public water supply of the Kerhonkson Water Company, nor shall any such liquid or solid refuse or waste matter be thrown or discharged upon the surface of the ground or into the ground beneath the surface (except into watertight receptacles or removable containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 100 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(4) No clothing, bedding, carpet, harness, vehicle, receptacle, utensil nor anything that pollutes water shall be washed, rinsed or placed in any reservoir tributary to the public water supply of the Kerhonkson Water Company.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in and no animal or poultry shall be allowed to stand, wallow, wade or swim or be washed or watered in any reservoir tributary to the public water supply of the Kerhonkson Water Company, nor shall any animal or poultry be allowed to stand, wade or swim in any watercourse tributary to the public water supply of the Kerhonkson Water Company on property owned by the Kerhonkson Water Company. No watering place shall be maintained in such a way as to pollute with muddy leachings or excremental matter any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(2) 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 300 feet of any reservoir or 30 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company, 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 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 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 300 feet from any reservoir or 30 feet from any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(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 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 Kerhonkson Water Company, nor shall such human excreta or 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 300 feet of any reservoir or 75 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company; and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet of any reservoir or 30 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company. (4) No decayed or fermented fruit, vegetables, roots, grain, cider mill wastes 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 any such place that the drainings, 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 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 200 feet from any reservoir or 30 feet from any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(f) Dead animals, offal, industrial wastes, etc. No dead animal, bird, fish or any part thereof nor any offal or polluted industrial wastes of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse tributary to the public water supply of the Kerhonkson Water Company, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, 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 300 feet from any reservoir or 100 feet from any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(g) Fishing, boating and ice cutting. No boating or fishing of any kind and no ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir tributary to the public water supply of the Kerhonkson Water Company, nor shall any trespassing whatever be allowed on property owned by the Kerhonkson Water Company except by duly authorized employees of the Kerhonkson Water Company in the performance of their duties of supervision and maintenance of the public water supply of the Kerhonkson Water Company.

(h) Camps. No temporary camp, tent, building or other structure for housing laborers engaged in construction work or for other purposes shall be located, placed or maintained within a distance of 500 feet of any reservoir or 100 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(i) Cemeteries. No interment of a human body shall be made nor shall any interred human body be allowed to remain within 300 feet of any reservoir or 150 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company.

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

(k) Inspections. The said Kerhonkson Water Company or such person or persons as may be charged with the maintenance or supervision of the public water supply of the Kerhonkson Water Company or the duly appointed representatives of such company shall make regular and thorough inspections of the reservoirs, watercourses 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 water company 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 said water company to promptly notify the State Commissioner of Health of such violations. The said 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.

(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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