Section 139.15 - Haverstraw Water Supply Company (New York Water Service Corporation)

COMPANIES

Section 139.15 Haverstraw Water Supply Company (New York Water Service Corporation).

(a) [Application.] The following rules and regulations enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as finally amended by chapter 391 of the Laws of 1933, shall apply to all natural and artificial reservoirs of the Haverstraw Water Supply Company (New York Water Service Corporation), Haverstraw, New York, and to all watercourses tributary thereto or ultimately discharging into said reservoirs, except as noted specifically in subdivisions (e) and (1).

(b) Definition of terms. Wherever used in this section:

(1) The term water supply means the public water supply of the Haverstraw Water Supply Company (New York Water Service Corporation).

(2) The term reservoir means the reservoirs serving as sources of water supply of the villages of Haverstraw and West Haverstraw and portions of the town of Stony Point, Rockland County, New York, and shall include any additional reservoir which may be constructed or used for said water supply.

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

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

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

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

(7) For the purpose of regulating bathing, fishing, boating and ice cutting (restricted under subdivisions [e] and [f]) according to the danger of pollution arising in proportion to the remoteness from the intake on Cedar Pond Brook of the Haverstraw Water Supply Company (New York Water Service Corporation) the drainage area will be considered as consisting of two separate districts as follows:

(i) District A shall include that portion of the watershed tributary to Cedar Pond Brook between the water works intake and a point two miles upstream from this intake, and also all the watershed tributary to any reservoirs on other watercourses which serve as sources of water supply of the Haverstraw Water Supply Company (New York Water Service Corpora-tion).

(ii) District B shall include the remaining area tributary to Cedar Pond Brook beyond the point two miles upstream from the water works intake.

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

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

(3) No human excreta shall be buried in the soil on the watershed of the water supply unless deposited in trenches or pits at a distance of not less than 300 feet from any reservoir or watercourse and covered with not less than 18 inches of soil in such a manner as to effectually prevent its being washed over the surface of the ground by rain or melting snow.

(4) No privy, 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 with its nearest point within 50 feet of any reservoir or watercourse of the water supply of the Haverstraw Water Supply Company (New York Water Service Corporation), except a properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (1) of subdivision (d), provided, however, that the property on which the privy or receptacle is built or is to be built is so located, bounded or otherwise placed that the distance above named can be obtained within the limits of such property.

(5) 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 with its nearest point within 150 feet of any reservoir or watercourse of the water supply of the Haverstraw Water Supply Company (New York Water Service Corporation). Every privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta, built or to be built on property which is so located, bounded, or otherwise placed that the distance mentioned above in this paragraph cannot be obtained, shall be placed as far as possible from any reservoir or watercourse of the water supply of the Haverstraw Water Supply Company (New York Water Service Corporation) and then only with the approval and under the supervision of said company and in such a manner as effectually to prevent any pollution of the public water supply.

(6) Every privy, privy vault, pit, cesspool or other receptacle or place used for the tempo-rary storage of human excreta, which is constructed, located, maintained or allowed to remain within the limiting distance prescribed and stated by paragraph (5) of this subdivision from which privy or other receptacle the excreta are not at once removed automatically by means of suitable watertight pipes or conduits to some proper place of ultimate disposal, as hereinafter provided, shall be arranged in such manner that all such excreta shall be received temporarily in suitable vessels or receptacles which shall at all times be maintained in an absolutely watertight condition and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth. Every privy or receptacle of any kind for the storage or deposit of human excreta, except a properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (1) of subdivision (d), built or to be built on property which is so located, bounded or otherwise placed that the distance named in paragraph (4) of this subdivision cannot be obtained, shall be placed as far as possible from any reservoir or watercourse and especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight containers are provided, they shall be located as far as practicable from any reservoir or watercourse. All privies or receptacles referred to in this paragraph shall be constructed or installed only with the approval and under the supervision of the Haverstraw Water Supply Company (New York Water Service Corporation), Haverstraw, New York, and in such manner as effectually to prevent any pollution of the public water supply.

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

(d) [Sewage, wastes, refuse.] (1) No house slops, bath water, sewage or excremental matter from any water closet, privy or cesspool shall be thrown, placed, led, conducted, discharged or allowed to escape or flow from any pipe, drain or ditch either directly or indirectly into any reservoir or watercourse of the water supply of the Haverstraw Water Supply Company (New York Water Service Corporation), 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 below the surface within 300 feet of any such reservoir or watercourse. These restrictions and limiting distances shall not apply to sewage treatment plants installed under and in accordance with plans which first have been submitted to and approved by the State Commissioner of Health.

(2) No bath water, sink or laundry wastes or polluted liquid of any kind shall be discharged or allowed to flow into any reservoir or watercourse nor be deposited on or beneath the surface of the ground within 100 feet of any reservoir or 75 feet of any watercourse.

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

(e) [Bathing.] (1) Within District A, no person shall be allowed to bathe in any reservoir or watercourse nor shall any animal or poultry be allowed to stand, wallow, wade or swim in said reservoir or watercourse nor be washed therein.

(2) Within District B, bathing will be permitted in reservoirs and watercourses, providing said bathing is carried on in strict accordance with rules and regulations which may be established by the Haverstraw Water Supply Company (New York Water Service Corpora-tion), subject to review and amendment by the State Commissioner of Health, for the sanitary protection of their water supply and providing a filtration plant for this water supply is in operation.

(f) [Fishing, boating, ice cutting.] (1) Within District A, no fish shall be taken from any reservoir or watercourse, nor shall any person fish in any reservoir or watercourse or through the ice upon the same nor trespass upon the waters of any reservoir or watercourse or the ice thereon nor maintain or use any boat or boats thereon except the officials or duly authorized employees of the Haverstraw Water Supply Company (New York Water Service Corporation) in the exercise of their duties in the management and operation of the reservoirs; nor shall any person or persons cut or remove any ice from any of the reservoirs within District A which form or are tributary to the sources of the public water supply furnished by the Haverstraw Water Supply Company (New York Water Service Corporation).

(2) Within District B, fishing, boating and ice cutting may be carried on providing such operations are conducted with strict sanitary precautions for adequately safeguarding the waters of this public water supply and providing said operations are carried on in strict accordance with such rules and restrictions as may be established by the Haverstraw Water Supply Company (New York Water Service Corporation), subject to review and amendment by the State Commissioner of Health.

(g) [Animals.] (1) No animal or poultry shall be allowed to stand, wade, wallow or swim nor be washed or watered in any reservoir and no watering place shall be maintained in such a way as to pollute any watercourse with excremental matter.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals shall be so located or maintained in such a manner that the drainings, leachings or washings therefrom may directly pollute any reservoir or watercourse.

(h) [Manure.] No manure pile shall be maintained or allowed to remain within 150 feet of any reservoir or 50 feet of any watercourse nor in such a manner as to pollute said reservoir or watercourse.

(i) [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 on his own property 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 reservoir or watercourse tributary to the water supply.

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

(k) [Inspections.] The Haverstraw Water Supply Company (New York Water Service Corporation) or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representative of the Haverstraw Water Supply Company (New York Water Service Corporation) 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 Haverstraw Water Supply Company (New York Water Service Corporation) to cause copies of any rules and regulations violated to be served upon the persons violating the same, together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of said Haverstraw Water Supply Company (New York Water Service Corporation) to promptly notify the State Commissioner of Health of such violations. The Haverstraw Water Supply Company (New York Water Service Corporation) shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

(l) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 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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