Part 113 - Erie County

Effective Date: 
Wednesday, December 13, 2000
Doc Status: 
Complete

VILLAGES

Section 113.1 - Village of Akron

VILLAGES

Section 113.1 Village of Akron.

(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 an unnamed branch of Murder Creek which empties into said creek at the hamlet of Griswold 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 village of Akron, Erie County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to the impounding and storage reservoir on that branch of Murder Creek, 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 village of Akron.

(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 300 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the village of Akron.

(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 500 feet of any reservoir or within 100 feet of any watercourse tributary to the public water supply of the village of Akron.

(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 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 500 feet from any reservoir or 300 feet from any watercourse tributary to the public water supply of the village of Akron.

(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 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 Akron, 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 or 100 feet of any watercourse tributary to the public water supply of the village of Akron.

(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 directly or indirectly into any reservoir or any watercourse tributary to the public water supply of the village of Akron, 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 300 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the village of Akron.

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

(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 tributary to the public water supply of the village of Akron. 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 village of Akron.

(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 30 feet of any watercourse tributary to the public water supply of the village of Akron, and none of the above named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain where or in such a manner that the drainage, leachings or washings from the same may enter any 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 30 feet from any watercourse tributary to the public water supply of the village of Akron.

(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 village of Akron, 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 100 feet of any watercourse tributary to the public water supply of the village of Akron; 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 30 feet of any watercourse tributary to the public water supply of the village of Akron.

(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 30 feet from any watercourse tributary to the public water supply of the village of Akron. (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 100 feet from any watercourse tributary to the public water supply of the village of Akron.

(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 village of Akron, except by duly authorized employees of the village of Akron in the performance of their duties of supervision and maintenance of the public water supply of the village of Akron.

(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 watercourse tributary to the public water supply of the village of Akron.

(i) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of any reservoir or 150 feet of any watercourse tributary to the public water supply of the village of Akron.

(j) Inspections. The board of water commissioners of the village of Akron or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the village of Akron 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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Section 113.2 - Village of Gowanda

113.2 Village of Gowanda. See section 103.4, supra.
 

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Section 113.3 RESERVED

Section 113.4 - Village of North Collins

113.4 Village of North Collins.

(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 the wells located on land owned by the village of North Collins and situated approximately one mile south of the village near the highway bridge over Sister Creek on the Fenton Road which form the source of the public water supply of the village of North Collins, Erie County, New York.

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

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

(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 of the public water supply of the village of North Collins.

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

(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 of the public water supply of the village of North Collins. HEALTH 10B

(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 receptacles or from any trench or place of disposal may, in the opinion of the State Commissioner of Health, be washed over the surface of the ground or through the soil in an imperfectly purified condition into any well, then the said privy or receptacle for excreta or the said trench or place of disposal shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage, sink wastes, garbage, etc. (1) No bath water, laundry wastes, sewage or other excremental matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner upon the surface of the ground or into the ground beneath the surface (except into watertight receptacles, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 300 feet of any well of the public water supply of the village of North Collins. (2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any garage, dairy or cheese factory nor water in which milk cans, utensils, clothing, bedding, carpets or harness have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged upon the surface of the ground or into the ground beneath the surface (except into watertight containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 150 feet of any well of the public water supply of the village of North Collins.

(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 of the public water supply of the village of North Collins, 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 of the public water supply of the village of North Collins.

(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 shall be placed, piled or spread upon the ground within a distance of 100 feet of any well of the public water supply of the village of North Collins.

(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, maintained or allowed to remain upon the surface of the ground or buried beneath the surface within 200 feet of any well of the public water supply of the village of North Collins.

(g) Trespassing. No trespassing shall be allowed upon the property of the village upon which the wells of the public water supply of the village of North Collins are located and no person or persons shall enter in or upon such property, except the village 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 North Collins.

(h) Camps. No temporary camp, tent, building or other structure for housing laborers engaged or construction work or for other purposes shall be located. placed or maintained within a distance of 500 feet of any well of the public water supply of the village of North Collins.

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

(j) Inspections. The board of trustees of the village of North Collins or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the village of North Collins or their duly appointed representative shall make regular and thorough inspections of the area surrounding the wells for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of said board of 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 day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general surroundings of the well at the time of the last inspection.

(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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Section 113.5 RESERVED

Section 113.6 - Village of Springville

113.6 Village of Springville.

(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 the well located or municipally owned land situated in the northern part of the village, about 350 feet west of Buffalo Street, 550 feet north of Eaton Street, and 700 feet east of the Baltimore and Ohio Railroad, forming the source of the public water supply of the village of Springville, Erie County, New York.

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

(2) Wherever a linear distance of a structure or object from the 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 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 well of the public water supply of the village of Springville.

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

(3) Every privy, privy vault, pit or other receptacle of any kind for the temporary storage of human excreta, located between the limiting distance prescribed by paragraph (1) of this subdivision and 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 300 feet from any well of the public water supply of the village of Springville.

(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 the well, then the said privy or receptacle for excreta or the said trench or place of disposal shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage, sink wastes, garbage, etc. (1) No bath water, laundry wastes, sewage or other excremental matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner upon the surface of the ground or into the ground beneath the surface (except into watertight receptacles, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 300 feet of any well of the public water supply of the village of Springville. (2) No garbage, putrescible matter, kitchen or sink wastes, refuse nor any polluted water or liquid of any kind shall be thrown or discharged upon the surface of the ground or into the ground beneath the surface (except into watertight containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 300 feet of any well of the public water supply of the village of Springville.

(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 300 feet of any well of the public water supply of the village of Springville, 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 300 feet from any well of the public water supply of the village of Springville.

(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 300 feet of any well, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 300 feet of any well of the public water supply of the village of Springville.

(f) Trespassing. No trespassing shall be allowed upon the property upon which the well of the public water supply of the village of Springville 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 Springville.

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

(h) 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 Springville.

(i) Inspections. The board of trustees of the village of Springville or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the village of Springville or their duly appointed representative shall make regular and thorough inspections of the area surrounding the well for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of said board of 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.

(j) 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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COMPANIES

Section 113.25 RESERVED

INSTITUTIONS

Section 113.35 - Gowanda State Hospital at Collins

INSTITUTIONS

113.35 Gowanda State Hospital at Collins.

(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 309 of the Laws of 1926, shall apply to all natural and artificial reservoirs on the north branch of Clear Creek 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 Gowanda State Hospital at Collins, Erie County, N.Y.

(b) Definitions. (1) The term reservoir whenever used in this section is intended to mean and refer to all storage and impounding reservoirs on Clear Creek which are tributary to or which shall serve as sources of this public water supply or to any additional reservoir which may be constructed or used for the purposes 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), stream, ditch, gutter or other channel of any kind, the waters of which when running whether continuously or otherwise eventually flow or may flow into the public water supply of the Gowanda State Hospital.

(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 watercourses.

(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 300 feet of any reservoir or within 50 feet of any watercourse tributary to the public water supply of the Gowanda State Hospital, except a properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (2) of subdivision (d).

(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 500 feet of any reservoir or within 100 feet of any watercourse tributary to the public water supply of the Gowanda State Hospital.

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

(4) The excreta collected in the aforesaid removable receptacles permitted under paragraph (3) of this subdivision shall be removed and the receptacles thoroughly cleaned and 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 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 Commissioner of Health, the excreta collected in the aforesaid removable receptacles permitted, under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits at a depth of not less than 18 inches below the surface and at a distance not less than 500 feet from any reservoir or 200 feet from any watercourse tributary to the public water supply of the Gowanda State Hospital and in such a manner and at such a place as to effectually prevent its being washed over the surface of or through the ground in an imperfectly purified condition into any reservoir or watercourse tributary to the public water supply of the Gowanda State Hospital. (6) Whenever, 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 to other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal or the garbage or wastes from any dump may be washed over the surface or through the soil in an imperfectly purified condition into any reservoir or watercourse, then the said privy or receptacle for excreta or the trench or place of disposal or the said garbage or waste dump shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage, house slops, sink wastes, etc. (1) No house slops, bath water, sewage or other excretal matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, conducted, discharged or allowed to escape in any manner either directly or indirectly into any reservoir or any watercourse tributary to the public water supply of the Gowanda State Hospital nor shall any such matters be thrown, placed. led, discharged or allowed to escape or flow on 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 (3) and (4) of subdivision (c), within 500 feet of any reservoir or within 100 feet of any watercourse tributary to the public water supply of the Gowanda State Hospital.

(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 Gowanda State Hospital shall be constructed, enlarged, altered or put in operation until plans for the same shall have been submitted to and approved by the State engineer and a permit issued by the State Commissioner of Health, allowing the discharge of such effluent as required by law and a copy of the plans, as approved, filed with the Department of Mental Hygiene.

(3) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any creamery, cheese factory or laundry nor water in which milk cans, utensils, clothing, bedding, carpets or harness have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse, nor shall any such liquid or solid refuse or waste be thrown, discharged or allowed to escape, flow 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 or percolate into any reservoir or watercourse within a distance of 300 feet from any reservoir or within 100 feet from any watercourse tributary to the public water supply of the Gowanda State Hospital.

(4) No clothing, bedding, carpets, harnesses, vehicles, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse tributary to the public water supply of the Gowanda State Hospital.

(e) Bathing, animals, manure, compost, etc. (1) No person shall bathe nor shall any animal be allowed to stand, wallow, wade or swim nor be washed or watered in any reservoir of the public water supply of the Gowanda State Hospital. 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 Gowanda State Hospital.

(2) No stable for cattle or horses, barnyards, 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 300 feet from any reservoir or within 100 feet of any watercourse tributary to the public water supply of the Gowanda State Hospital, 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 300 feet to any reservoir or 100 feet to any watercourse tributary to the public water supply of the Gowanda State Hospital. (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 Gowanda State Hospital; nor shall such human excreta or compost or other matter containing human excreta be dug or buried in the soil at a less depth than 12 inches below the surface within a distance of 500 feet from any reservoir or within 100 feet of any watercourse tributary to the public water supply of the Gowanda State Hospital; and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 500 feet from any reservoir or within 50 feet from any watercourse tributary to the public water supply of the Gowanda State Hospital.

(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 300 feet before entering any reservoir or 50 feet before entering any watercourse tributary to the public water supply of the Gowanda State Hospital.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animal, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse. Nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 300 feet from any reservoir or 100 feet from any watercourse tributary to the public water supply of the Gowanda State Hospital.

(g) Fishing, boating and ice cutting. No boating of any kind or fishing from boats or through the ice and no ice cutting or any trespassing whatever shall be allowed in or upon the water or ice of the reservoir.

(h) Labor camps. No temporary camp, tent, building or other structures for housing laborers engaged on construction work or for other purposes shall be located, placed or maintained within a distance of 500 feet from any reservoir or 300 feet from any watercourse tributary to the public water supply of the Gowanda State Hospital.

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

(j) Inspections. The superintendent of the Gowanda State Hospital or such other persons as may be charged in the maintenance of the public water supply of the hospital shall make or cause to be made regular and thorough inspections of the reservoir, streams and drainage area tributary thereto for the purposes of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of said superintendent to cause copies of any rules or 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 superintendent of the hospital to promptly notify the State Commissioner of Health of such violations. He 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 notices served and the sanitary conditions 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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