Part 126 - Montgomery County

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Complete

CITIES

Section 126.1 - City of Amsterdam

CITIES

Section 126.1 City of Amsterdam. (Statutory authority: Public Health Law, 1100) (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 Glen Wild watershed and Brookside reservoir and all watercourses tributary thereto or which may ultimately discharge into said Glen Wild watershed and Brookside reservoir or which may be developed in the future to serve as sources of the water supply to the city of Amsterdam.

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

(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 nonputresclble 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) Reservoir shall mean any natural or artificial lake or pond which is tributary to or serves as a source of the city of Amsterdam water supply.

(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 landfill 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 city of Amsterdam.

(17) Watercourse shall mean every spring, stream, marsh or channel of water of any kind which flows or may flow into the city of Amsterdam water supply.

(18) Watershed shall mean the entire drainage area contributing water to the city of Amsterdam 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 any reservoir or watercourse.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of any reservoir or watercourse except in weatherproof buildings or 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 tightly 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) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of any reservoir or watercourse and not within a 1,000-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.

(6) Recreation. (i) Bathing and swimming. No bathing and swimming shall be allowed in any reservoir or watercourse owned by the city of Amsterdam.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the city of Amsterdam, except by duly authorized employees of the city of Amsterdam in the performance of their duties of supervision and maintenance of the water supply.

(iii) Fishing and trespassing. No fishing or trespassing shall be allowed in or upon any reservoir or watercourse owned by the city of Amsterdam within a 1,000-foot linear distance of the water supply intakes, except by duly authorized employees of the city of Amsterdam in the performance of their duties of supervision and maintenance of the water supply.

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

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

(iii) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of any reservoir or watercourse.

(8) Toxic chemicals. No container used for the storage of toxic chemicals shall be buried beneath the surface of the ground within a 500-foot linear distance of any reservoir or watercourse. (9) Miscellaneous. (i) 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 city of Amsterdam.

(ii) 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 commissioner of public works of the city of Amsterdam 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, watercourse and watershed to ascertain whether the rules and regulations set forth in this section are being complied with. It shall be the duty of the aforesaid commissioner of public works 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 commissioner of public works to promptly notify the State Commissioner of Health of such violations. The aforesaid commissioner of public works 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 this section shall be those specified by section 1103 of the Public Health Law.
 

Effective Date: 
Thursday, June 19, 1980
Doc Status: 
Complete

VILLAGES

Section 126.2 - Village of Canajoharie

VILLAGES

126.2 Village of Canajoharie. (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 reservoir located on Sprite Creek, adjacent to the village of Canajoharie water filtration plant and the Gray Springs, which are located in an area on the north side of Old State Road in the towns of Johnstown and Ephratah and their 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 Canajoharie, Montgomery County, and to all watercourses tributary thereto or ultimately discharging into said reservoir.

(b) Definitions. (1) Herbicide shall mean any substance used to destroy or inhibit plant growth.

(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, etc.

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

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

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

(7) 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.

(8) Refuse disposal area shall mean 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.

(9) Reservoir shall mean any natural or artificial lake or pond which is tributary to or serves as a source of the Village of Canajoharie public water supply.

(10) 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.

(11) Sewage disposal system shall mean a system for disposing of sewage, industrial wastes or other wastes, and including sewers and treatment works. (12) Toxic chemical shall mean any compound or substance which is or may be poisonous to humans.

(13) Treatment works shall mean any plant, disposal field, lagoon, pumping station, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary land fills, or other works not specifically mentioned herein, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage, industrial waste or other wastes.

(14) Watercourse shall mean every spring, stream, marsh, or channel of any kind, the waters of which flow or may flow into the Village of Canajoharie public water supply.

(15) Watershed shall mean the entire drainage area contributing water to the Village of Canajoharie public water supply.

(16) Water supply shall mean the public water supply of the Village of Canajoharie, Montgomery County, New York.

(c) Human excreta and sewage. (1) No human excreta shall be deposited or allowed to escape into any reservoir or watercourse on the watershed.

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

(3) No human excreta shall be buried in the soil on the watershed unless deposited in trenches or pits at a 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.

(4) No privy or receptacle of any kind for the deposit or storage of human excreta shall be constructed, placed, maintained or allowed to remain within 50 feet of any reservoir or watercourse except

(i) watertight receptacles,

(ii) 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,

(iii) a properly designed, constructed and operated treatment works that has been approved by the appropriate State agency having jurisdiction over such facilities.

(5) 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 50 feet of any reservoir or watercourse. (6) Every watertight receptacle referred to in paragraph (4) above and paragraph (9) below shall be emptied when filled within six inches of the top of the receptacle.

(7) 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 tightly 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 paragraph (3) above or at a properly designed, constructed and operated sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such facilities.

(8) 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 facilities. Standards for waste treatment works as published from time to time by the appropriate State agency having jurisdiction over such facilities and paragraph (5) above shall comprise the criteria to approve any proposed sewage disposal system.

(9) No sewage or polluted liquid of any kind shall be discharged or allowed to flow into any reservoir or watercourse nor on or beneath the surface of ground in the watershed (except into watertight receptacles or watertight pipes connected to a sewage disposal system approved by the appropriate State agency having jurisdiction over such facilities) within 50 feet of any reservoir or watercourse. These restrictions and limiting distances shall not apply to sewage 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.

(d) Refuse disposal area. No refuse disposal area shall be located within 250 feet of any reservoir or watercourse.

(e) Cemeteries. No interment of a human body shall be made within 250 feet of any reservoir or watercourse.

(f) Radioactive material. No radioactive material in excess of the quantity listed for said material in Table 4, Appendix 1, Part 16, Chapter I (Ionizing Radiation), Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York shall be disposed of by burial in soil within 250 feet of any reservoir or watercourse.

(g) Junkyards. No junkyard shall be located within 100 feet of any reservoir or watercourse.

(h) Bathing and swimming. Bathing and swimming are prohibited in any reservoir or watercourse owned by the Village of Canajoharie.

(i) Temporary shelters. 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 Village of Canajoharie.

(j) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the Village of Canajoharie except by duly authorized employees of the Village of Canajoharie in the performance of their duties of supervision and maintenance of the water supply.

(k) Fishing and trespassing. No fishing or trespassing shall be allowed in or upon any reservoir or watercourse owned by the Village of Canajoharie within 1000 feet of the water supply intakes except by duly authorized employees of the Village of Canajoharie in the performance of their duties of supervision and maintenance of the water supply.

(l) Herbicides, pesticides and toxic chemicals. No herbicide, pesticide or toxic chemical shall be 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.

(m) Manure. No manure pile shall be maintained or allowed to remain within 50 feet of any reservoir or watercourse.

(n) General clause. 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, Subchapter C (Water Supply Sources), Chapter III (Public Water Supplies), Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York.

(o) Inspections. The village board of trustees 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 reservoir, watercourses and watershed to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid village 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 the aforesaid village board of trustees to promptly notify the State Commissioner of Health of such violations. The aforesaid village board of trustees 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. (p) Penalty. Penalties for violations shall be in accordance with section 1103 of the Public Health Law.
 

Effective Date: 
Monday, September 24, 1973
Doc Status: 
Complete

Section 126.3 - Village of Fultonville

126.3 Village of Fultonville. (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 391 of the Laws of 1933, shall apply to the well located near the reservoir on land owned by the village, which well forms the source of the public water supply of the Village of Fultonville, Montgomery County, New York. The rules shall apply also to any additional well which may be constructed on land owned by the village in the vicinity of the reservoir for the purpose of this public water supply.

(b) Interpretation. 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 the 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 100 feet of any well forming the source of the public water supply of the Village of Fultonville.

(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 200 feet of any well forming the source of the public water supply of the Village of Fultonville.

(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 Village of Fultonville.

(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 200 feet of any well forming the source of the public water supply of the Village of Fultonville.

(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 within 100 feet of any well forming the source of the public water supply of the Village of Fultonville. (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 100 feet of any well forming the source of the public water supply of the Village of Fultonville, 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 100 feet from any well forming the source of the public water supply of the Village of Fultonville.

(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 100 feet of any well forming the source of the public water supply of the Village of Fultonville.

(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 any well forming the source of the public water supply of the Village of Fultonville.

(g) Trespassing. No trespassing shall be allowed upon the property of the village upon which any well of the public water supply of the Village of Fultonville is located and no person or persons shall enter in or upon such property except the board of trustees 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 trustees of the Village of Fultonville.

(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 Village of Fultonville.

(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 Village of Fultonville.

(j) Inspections. The board of trustees of the Village of Fultonville or such other board, person or persons as may he charged with the maintenance or supervision of the public water supply of the Village of Fultonville 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 the 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 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 well at the time of the last inspection.

(k) 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 Village of Fultonville.

(l) 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.

Doc Status: 
Complete

Section 126.4 - Village of St. Johnsville

126.4 Village of St. Johnsville.

(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 510 of the Laws of 1921, shall apply to Zimmerman Creek, to all natural and artificial reservoirs and to all watercourses and drainage areas tributary thereto and to the collecting basins, streams and drainage areas tributary to the springs located near Lassellsville which serve as sources of public water supply for the village of St. Johnsville.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to the impounded intake reservoir on Zimmerman Creek and to the two spring collecting basins located near Lassellsville which serve as sources of this public water supply or any additional reservoirs 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), brook, 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 village of St. Johnsville.

(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 such 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 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 village of St. Johnsville.

(2) No privy, privy vault, pit, cesspool or 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 within 100 feet of any watercourse tributary to the public water supply of the village of St. Johnsville.

(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 receptacles and shall at all times be deposited as set forth in paragraphs (4) and (5) of this subdivision.

(4) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleaned and disinfected 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 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 least possible annoyance and inconvenience be caused to occupants of the premises or of the adjoining premises.

(5) Unless otherwise specially ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid receptacles shall, when removed, be disposed of by burying in trenches or pits at a depth of not less than 12 inches below the surface of the ground and in such manner as to effectually prevent them being washed over the surface of the ground by rain or melting snow and at a distance not less than 500 feet from any reservoir or watercourse tributary to the public water supply of the village of St. Johnsville.

(6) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground or to the height or flow of subsoil or surface water or other 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 Commissioner of Health, be washed over the surface or through the soil in an imperfectly purified condition into any reservoir or watercourse tributary to the public water supply of the village of St. Johnsville, then the said privy or receptacle for excreta or the 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, house slops, sink waste, etc. (1) No house slops, bath water, laundry or garage 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 either directly or indirectly into any reservoir or watercourse tributary to the public water supply of the village of St. Johnsville, 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 within 100 feet of any watercourse tributary to the public water supply of the village of St. Johnsville.

(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 shall be thrown or discharged directly or indirectly into any reservoir or watercourse tributary to the public water supply of the village of St. Johnsville, 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 receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 200 feet of any reservoir or 75 feet of any watercourse tributary to the public water supply of the village of St. Johnsville.

(3) 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 village of St. Johnsville.

(e) Bathing, animals, manure, compost, etc.(1) No person shall be allowed to bathe in any reservoir or tributary thereof, nor shall any animal or poultry be allowed to stand, wallow, wade or swim in any reservoir nor be washed therein. No animal or poultry shall be watered in any reservoir of the public water supply of the village of St. Johnsville. No watering place of any kind 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 village of St. Johnsville.

(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 200 feet of any reservoir or 75 feet of any watercourse tributary to the public water supply of St. Johnsville, 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 drainage, 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 200 feet from any reservoir or 75 feet from any watercourse tributary to the public water supply of the village of St. Johnsville.

(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 village of St. Johnsville, nor shall such human excreta or compost or other matter containing human excreta be buried in the soil at a less depth than 12 inches below the surface of the ground nor within a distance of 500 feet of any reservoir or watercourse tributary to the public water supply of the village of St. Johnsville, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 200 feet of any reservoir or within 75 feet of any watercourse tributary to the public water supply of the village of St. Johnsville.

(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 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 St. Johnsville. (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 tributary to the public water supply of the village of St. Johnsville, nor shall any such material or refuse be so 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 200 feet from any watercourse tributary to the public water supply of the village of St. Johnsville.

(g) Fishing, boating and ice cutting. No boating of any kind or fishing 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 village of St. Johnsville except by the duly authorized employees of the village of St. Johnsville in the performance of their duties of supervision and maintenance of the 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 of any reservoir or watercourse tributary to the public water supply of the village of St. Johnsville.

(i) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of any reservoir or watercourse tributary to the public water supply of the village of St. Johnsville.

(j) Inspections. The board of water commissioners of the village of St. Johnsville or such other board as may be charged with the maintenance or supervision of the public water supply of the village of St. Johnsville or its duly appointed representative 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 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: 
Complete

Section 126.6 - Village of Fort Plain--wells

126.6 Village of Fort Plain--wells. (Statutory authority: Public Health Law 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 which comprises a source of the public water supply of the Village of Fort Plain, Montgomery County, New York. Said well is located on land owned by the Village of Fort Plain and is situated adjacent to Lincoln Street, Fort Plain, New York.

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

(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, etc.

(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 Village of Fort Plain, Montgomery County, New York obtained from ground water sources.

(11) Well shall mean the well 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) Human excreta. 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 250 feet of the well.

(d) 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 250 feet of the well. It is provided, however, that no such watertight pipe shall be located within 15 feet of the well.

(e) Refuse. No refuse shall be deposited on or beneath the surface of the ground within 250 feet of the well.

(f) Refuse disposal area. No refuse disposal area shall be located within 500 feet of the well.

(g) Cemeteries. No interment of a human body shall be made within 250 feet of the well.

(h) 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 500 feet of the well.

(i) Chloride salt. No chloride salt storage area shall be located within 500 feet of the well except in weatherproof buildings or watertight vessels.

(j) Radioactive material. No radioactive material in excess of the quantity listed for said material in Table 4, Appendix 1, Part 16, Chapter I (Ionizing Radiation), Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York shall be disposed of by burial in soil within 500 feet of the well.

(k) Junkyards. No junkyard shall be located within 250 feet of the well.

(l) Trespassing. No trespassing shall be allowed upon the property of the Village of Fort Plain 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 Village of Fort Plain.

(m) General clause. 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, Subchapter C (Water Supply Sources) Chapter III (Public Water Supplies), Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York. (n) Inspections. The village board of trustees, 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 to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid village 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 the aforesaid village board of trustees to promptly notify the State Commissioner of Health of such violations. The aforesaid village board of trustees 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 surroundings of the well at the time of the last inspection.

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

Effective Date: 
Monday, May 6, 1974
Doc Status: 
Complete