Section 101.1 - Village of Alfred

Section 101.1 Village of Alfred. (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 all wells, which form the source of the public water supply of the village of Alfred, Allegany County, N.Y.

(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 for the purpose of this public water supply.

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

(c) Privies adjacent to any well. (1) No privy, privy vault, pit, pipe or other receptacle of any kind used for the deposit, storage and conveyance of human excreta shall be constructed, located, placed or allowed to remain within 75 feet of any well.

(2) Every privy, privy vault, pit or other receptacle of any kind used for the deposit or storage of human excreta, located between 75 feet and 150 feet of any well, shall be arranged in such a manner that all excreta shall be received in a suitable watertight receptacle which shall be emptied as set forth in paragraphs (4) and (5) of this subdivision.

(3) Whenever the aforesaid watertight receptacles become filled within six inches of the top, said receptacles shall be emptied and the contents disposed of as hereinafter provided. In effecting this removal, none of the contents shall be allowed to escape while being transported to the place of disposal hereinafter specified.

(4) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid watertight receptacles permitted under paragraph (2) of this subdivision shall, when removed, be disposed of by burying in trenches or pits and covered with no less than 12 inches of soil in such a manner as effectually to prevent its 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.

(5) Whenever it shall be found that, owing to the character of the soil 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, etc. (1) No bath water, laundry wastes, sewage or polluted liquid of any kind shall be 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 (3) and (4) of subdivision (c), within 150 feet of any well.

(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 150 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 75 feet of any well.

(3) No dead animal, bird, fish or any part thereof nor any offal 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 100 feet of any well.

(e) 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 150 feet of any well of the public water supply of the village of Alfred.

(f) Cemeteries. No interment of a human body shall be made within a distance of 300 feet of any well of the public water supply of the village of Alfred.

(g) 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 public water supply of the village of Alfred. (h) Inspections. The board of trustees of the village of Alfred 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 Alfred 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 of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general surroundings of the wells at the time of the last inspection.

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

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