VOLUME B (Title 10)

Chapter III - Public Water Supplies

CHAPTER III
Public Water Supplies PART
Subchapter A Municipalities, Districts, Companies, Institutions 100
Subchapter B Miscellaneous 158
Subchapter C Water Supply Sources 170

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SubChapter A - Municipalities, Districts, Companies, Institutions

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Part 100 - Albany County

Effective Date: 
Wednesday, December 20, 2000
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CITIES

Section 100.1 - City of Albany

CITIES

Section 100.1 City of Albany. (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 Hannacroix and Basic Creeks 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 City of Albany, Albany County, New York.

(b) Definitions. (1) The term reservoir whenever used in this section is intended to mean and refer to the impounding and storage reservoirs on Hannacroix and Basic Creeks which are tributary to or serve as sources 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, lake (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 City of Albany.

(3) Wherever a linear distance of a structure or object from a reservoir or from a watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit or other receptacle of any kind, placed or used for either the temporary storage or the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 200 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the city of Albany, except a properly constructed and operated sewage disposal plant, as hereinafter set forth in paragraph (2) of subdivision (d), provided, however, that the property on which the privy, privy vault, pit or any other receptacle intended for the deposit of human excreta 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.

(2) Every privy, privy vault, pit or other receptacle, used or intended for either the temporary storage or the permanent deposit of human excreta and built on property which is so located, bounded or otherwise placed that the distance named in paragraph (1) of this subdivision cannot be obtained within the limits of such property, shall be placed as far as possible from any reservoir or watercourse and specially 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 board of water supply or bureau of water of the city of Albany and so located that the tops of such receptacles shall be above the highest known water level of the reservoirs or watercourses.

(3) Whenever a privy, privy vault, pit or other receptacle of any kind or any vessel, can or other container, used for either the temporary storage or the permanent disposal of human excreta, is specially constructed and made watertight, and located nearer any reservoir or watercourse than the distances named in paragraph (1) of this subdivision, such receptacles shall be emptied at regular intervals and disinfected as often as may be necessary to maintain them in a proper sanitary condition and effectually to prevent any overflow. The work of emptying and disinfecting these receptacles shall be done under the supervision of or in accordance with the directions of said board of water supply or bureau of water and in such manner as to effectually prevent any pollution of the water supply of the city of Albany.

(4) No privy, privy vault, pit, cesspool or other receptacle, which is not watertight, placed or used for the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or 100 feet of any watercourse tributary to the public water supply of the city of Albany.

(5) 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 (4) 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 (6) and (7) of this subdivision. (6) 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.

(7) 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 (5) 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 400 feet from any reservoir or 150 feet from any watercourse tributary to the public water supply of the city of Albany.

(8) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal may, in the opinion of the State Commissioner of Health, be washed over the surface of the ground or through the soil in an imperfectly purified condition into any reservoir or watercourse, then the said privy or receptacle for excreta or the said trench or place of disposal shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage, sink wastes, garbage, etc. (1) No bath water, laundry wastes, sewage or other excremental matter from any water closet, privy, cesspool or other source, except the effluent from a properly constructed and operated sewage disposal plant as hereinafter provided by paragraph (2) of this subdivision, shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner, either directly or indirectly, into any reservoir or any watercourse tributary to the public water supply of the city of Albany, 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 (6) and (7) of subdivision (c)) within 300 feet of any reservoir or 100 feet of any watercourse tributary to the public water supply of the city of Albany.

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

(3) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any garage, dairy or cheese factory nor water in which milk cans, utensils, clothing, bedding, carpets or harness have been washed or rinsed nor any polluted water or liquid of any kind, except the effluent from a properly constructed and operated sewage disposal plant as provided by paragraph (2) of this subdivision, shall be thrown or discharged directly or indirectly into any reservoir or any watercourse tributary to the public water supply of the city of Albany, 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 (6) and (7) of subdivision (c)) within 100 feet of any reservoir or 25 feet of any watercourse tributary to the public water supply of the city of Albany.

(4) No clothing, bedding, carpet, harness, vehicle, receptacle, utensil nor anything that pollutes water shall be washed, rinsed or placed in any reservoir tributary to the public water supply of the city of Albany. (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 city of Albany. No watering place shall be maintained in such a way as to pollute with muddy leachings or excremental matter any watercourse tributary to the public water supply of the city of Albany.

(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 200 feet of any reservoir or 25 feet of any watercourse tributary to the public water supply of the city of Albany, and none of the above named objects or sources of pollution shall be constructed, located, placed, except for fertilizing purposes, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 200 feet from any reservoir or 25 feet from any watercourse tributary to the public water supply of the city of Albany.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into any reservoir or watercourse nor be placed, piled or spread upon the surface of the ground at any point on the watershed tributary to the public water supply of the city of Albany, 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 city of Albany; 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 25 feet of any watercourse tributary to the public water supply of the city of Albany.

(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 100 feet from any reservoir or 25 feet from any watercourse tributary to the public water supply of the city of Albany.

(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 city of Albany, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or 100 feet from any watercourse tributary to the public water supply of the city of Albany.

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

(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 300 feet of any reservoir or 100 feet of any watercourse tributary to the public water supply of the city of Albany. (i) Cemeteries. No interment of a human body shall be made within a distance of 300 feet of any reservoir or 100 feet of any watercourse tributary to the public water supply of the city of Albany.

(j) Inspections. The said board of water supply or bureau of water of the city of Albany or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the city of Albany 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 supply or bureau of water to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the said board of water supply or bureau of water to promptly notify the State Commissioner of Health of such violations. The said board of water supply or bureau of water 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) General clause. In addition to observing the foregoing requirements all persons living on or visiting a watershed shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply of the city of Albany.

(l) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.

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Section 100.2 - City of Watervliet

100.2 City of Watervliet. (a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71, 72 and 73 of chapter 45 of the Consolidated Laws (Public Health Law) as heretofore set forth shall apply to all natural and artificial reservoirs on the Normanskill and to all HEALTH 10B watercourses tributary thereto or ultimately discharging into said reservoirs, these bodies of water being sources of the public water supply of the city of Watervliet, Albany County, New York.

(b) Definitions (1) The term reservoir wherever used in this section is intended to mean and refer to all storage and impounding reservoirs on the Normanskill which are tributary to or which serve as sources of this public water supply or to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and filter basins), stream, ditch, gutter or other channel of any kind the waters of which, when running whether continuously or occasionally, eventually flow or may flow into the public water supply of the city of Watervliet.

(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, cesspool or any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 100 feet of any reservoir or within 50 feet of any watercourse tributary to the public water supply of the city of Watervliet.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or within 100 feet of any watercourse tributary to the public water supply of the city of Watervliet.

(3) No cesspool, pit or other receptacle of any kind used for the temporary 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 cause to occupants of the premises and the adjacent premises.

(5) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in the aforesaid 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 watercourse tributary to the public water supply of the city of Watervliet.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid 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, except the purified effluent from a properly constructed sewage disposal plant approved by the State Department of Health, as required by law, 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 city of Watervliet, nor shall any such matters be thrown, placed, led, discharged or allowed to escape 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 city of Watervliet.

(2) 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 or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse within a distance of 200 feet from any reservoir or within 50 feet from any watercourse tributary to the public water supply of the city of Watervliet.

(3) No clothing, bedding, carpets, harnesses, vehicle, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir nor shall any animals or poultry be allowed to stand, wallow, wade or swim in any reservoir nor be washed therein. The watering of animals or poultry in any reservoir of the public water supply of the city of Watervliet is prohibited. 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 city of Watervliet.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 100 feet from any reservoir or within 25 feet of any watercourse tributary to the public water supply of the city of Watervliet, and none of the above named objects or sources of pollution shall be so constructed, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any such reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the above drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 100 feet from any reservoir or 25 feet from any watercourse tributary to the public water supply of the city of Watervliet.

(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 city of Watervliet, 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 18 inches below the surface nor within a distance of 500 feet from any reservoir nor within 100 feet of any watercourse tributary to the public water supply of the city of Watervliet, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 200 feet from any reservoir or within 25 feet from any watercourse tributary to the public water supply of the city of Watervliet.

(4) No decayed or fermented fruit or vegetables, cider mill wastes, roots, grain or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in such places that the drainage, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that sufficient purification has been secured unless the above mentioned drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 100 feet before entering any reservoir or 25 feet before entering any watercourse tributary to the public water supply of the city of Watervliet. (f) Dead animals, offal, manufacturing wastes, etc. No dead animals, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse. Nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or 100 feet from any watercourse tributary to the public water supply of the city of Watervliet.

(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 waters or ice of the reservoirs.

(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 100 feet from any watercourse tributary to the public water supply of the city of Watervliet.

(i) Cemeteries. No interment of a human body shall be made within a distance of 300 feet from any reservoir or 100 feet from any watercourse tributary to the public water supply of the city of Watervliet.

(j) Inspections. The board of water commissioners of the city of Watervliet 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) Penalties. 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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VILLAGES

Section 100.4 - Village of Altamont

VILLAGES

100.4 Village of Altamont.

(a) Application. The rules and regulations hereinafter given, duly made, and enacted in accordance with the provisions of sections 70, 71, 72 and 73 of chapter 45 of the Consolidated Laws (Public Health Law) as heretofore set forth shall apply to the mountain stream and to all watercourses entering or ultimately discharging into said stream above the intake at the impounding reservoir, said stream being a source of water supply of the village of Altamont.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to the impounding and distributing reservoirs on the stream used as a source of water supply by the village and to any additional reservoirs which may be constructed on said stream or any of its tributaries.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and filter basins), stream, ditch, gutter or other channel or permeable pipe or conduit of every kind, the waters of which, when running whether continuously or occasionally, eventually flow or may flow into the water supply of the said village of Altamont.

(3) Wherever a linear distance of structure or object from a reservoir or from a watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained or allowed to remain with its nearest point within 75 feet of any reservoir or watercourse of the water supply of the village of Altamont.

(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 with its nearest point within 150 feet of any reservoir or watercourse of the water supply of the village of Altamont.

(3) Every privy, privy vault, pit or other receptacle or place used for the temporary storage of human excreta which is constructed, located, maintained or allowed to remain between the limiting distances of 75 feet and 150 feet as provided by paragraphs (1) and (2) of this subdivision from which privy or other receptacle the excreta are not at once removed by pump or other satisfactory means through watertight pipes or conduits to some proper place of ultimate disposal, as hereinafter provided, shall be arranged in such manner that all such excreta shall be received temporarily in suitable vessels or receptacles which shall at all times be maintained in an absolutely watertight condition and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(4) The excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision shall be removed and the receptacles thoroughly cleaned and deodorized as often as may be found necessary to maintain the privy in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundations or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(5) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or by thoroughly digging it into the soil in such place and manner as to effectually prevent their being washed over the surface of the ground by rain or melting snow and at distances not less than 300 feet, horizontal measurement, from the high-water mark of any reservoir or not less than 200 feet from the edge, margin or precipitous bank of any watercourse of said water supply.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height of flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal or the garbage or waste 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 said 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 or flow in any manner either directly or indirectly into any reservoir or watercourse of the water supply of the village of Altamont, nor shall any such matters be thrown, placed, led, discharged or allowed to escape or flow on to the surface of the ground or into the ground beneath the surface within 300 feet of any such reservoir or watercourse.

(2) No garbage, putrescible matter, kitchen or sink waste, refuse or waste water from any creamery, cheese factory, laundry nor water in which milk cans, utensils, clothing, bedding, carpets or harnesses have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse of the water supply of the village of Altamont; nor shall any such liquid or solid refuse or waste be thrown, discharged or allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse of the water supply of the village of Altamont within 100 feet of any such reservoir or within 75 feet of any such watercourse.

(3) No clothing, bedding, carpets, harness, vehicles, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse of the water supply of the village of Altamont.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir or watercourse of the water supply of the village of Altamont, nor shall any animals or poultry be allowed to stand, wallow, wade or swim in said reservoir or watercourse nor be washed therein.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 150 feet from any reservoir or 75 feet from any watercourse of the water supply of the village of Altamont; 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 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 the distance of not less than 150 feet before entering any such reservoir nor less than 75 feet before entering any such watercourse.

(3) No human excreta, compost or other matter containing same shall be thrown, placed or allowed to escape into any reservoir or watercourse nor to be placed, piled or spread upon the ground or dug or buried in the soil within a distance of 300 feet from any reservoir or 200 feet from any watercourse of the water supply of the village of Altamont; and no manure or compost of any kind shall be placed, piled or spread upon the ground within 150 feet of any such reservoir or 75 feet of any such watercourse.

(4) No decayed or fermented fruit or vegetables, cider mill waste, 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 of the water supply of the village of Altamont 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 abovementioned drainage, 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 such reservoir or 50 feet before entering any such watercourse.

(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 of the water supply of the village of Altamont; 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 not less than 150 feet before entering any such reservoir or 100 feet before entering any such watercourse. (g) Fishing, boating and ice cutting. No fish shall be taken from the impounding reservoir, nor shall any person fish in said reservoir or through the ice upon the same nor trespass upon the waters or ice thereof nor maintain or use any boat or boats thereon except the officials or duly authorized employees of the village of Altamont in the exercise of their duties in the management and operation of the reservoirs; nor shall any ice cutting or other operations incident thereto be allowed on any of the reservoirs which form or are tributary to the sources of the public water supply of the village of Altamont except by permission and under rigid inspection and supervision of the board of water commissioners of the village of Altamont.

(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 500 feet of any reservoir or watercourse of the water supply of the village of Altamont.

(i) Inspections. The board of water commissioners of the village of Altamont 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 or regulations, it shall be the further duty of the board of water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners shall report in writing annually, on the first of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general sanitary condition of the watershed at the time of the last inspection.

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

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Section 100.5 - Village of Ravena

100.5 Village of Ravena.

(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 all natural and artificial reservoirs on Hannacroix 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 village of Ravena, Albany County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to all storage and impounding reservoirs used for the collection or storage of the flow from the above named creek which are tributary to or which serve as sources of this public water supply or to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and filter basins), 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 Ravena.

(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 25 feet of any watercourse tributary to the public water supply of the village of Ravena.

(2) No privy, privy vault, pit or other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 200 feet of any reservoir or within 75 feet of any watercourse tributary to the public water supply of the village of Ravena.

(3) Every privy, privy vault, pit or other receptacle of any kind placed or used for the temporary 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 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 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 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 specifically 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 12 inches below the surface of the ground and in such manner as to effectually prevent their being washed over the surface of the ground by rain or melting snow and at a distance not less than 300 feet from any reservoir or watercourse tributary to the public water supply of the village of Ravena.

(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, it is considered by the State Commissioner of Health that the 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 tributary to the public water supply of the village, 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, laundry or garage wastes, sewage or other excremental matter from any water closet, privy 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 Ravena, nor shall any such matter be thrown, placed, led, discharged or allowed to escape or flow onto the surface of the ground or into the ground beneath the surface, except into watertight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 200 feet of any reservoir or within 75 feet of any watercourse tributary to the public water supply of the village of Ravena.

(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, nor shall any liquid or solid matter be thrown or discharged or allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface except into watertight receptacles, the contents of which are to be removed within 100 feet of any reservoir or within 25 feet of any watercourse tributary to the public water supply of the village of Ravena.

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

(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. The watering of animals or poultry in any reservoir of the public water supply of the village of Ravena is prohibited. No watering place of any kind shall be maintained in such a way as to pollute with muddy leachings or excremental matters any streams tributary to the public water supply of the village of Ravena.

(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 75 feet from any reservoir or within 25 feet of any watercourse tributary to the public water supply of the village of Ravena, 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 washing 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 75 feet of any reservoir or 25 feet of any watercourse tributary to the public water supply of the village of Ravena.

(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 Ravena, 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 200 feet of any reservoir nor within 75 feet of any watercourse tributary to the public water supply of the village of Ravena, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet of any reservoir or within 25 feet of any watercourse tributary to the public water supply of the village of Ravena.

(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 75 feet before entering any reservoir or 25 feet before entering any watercourse tributary to the public water supply of the village of Ravena. (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 Ravena, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or 75 feet from any watercourse tributary to the public water supply of the village of Ravena.

(g) Fishing, boating and ice cutting. No boating of any kind or fishing from boats or through the ice shall be allowed in or upon the waters or ice of the reservoir. No ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of the reservoir without a permit from the board of trustees of the village of Ravena, and strict sanitary supervision shall be maintained by the village over all ice cutting operations on the reservoir in order to prevent pollution of the supply from the workmen or horses engaged in the ice cutting.

(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 100 feet of any watercourse tributary to the public water supply of the village of Ravena.

(i) Cemeteries. No interment of a human body shall be made 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 Ravena.

(j) Inspections. The board of trustees of the village of Ravena or such other board as may be charged with the maintenance or supervision of the public water supply 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 trustees to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the board of trustees to promptly notify the State Commissioner of Health of such violations. The board of trustees shall report in writing annually, on the first 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 HEALTH 10B 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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DISTRICTS

Section 100.15 - Latham Water District, Town of Colonie (wells)

DISTRICTS

100.15 Latham Water District, town of Colonie (wells).

(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 plots of land owned by the Latham Water District, situated on the south side of Shaker Road, west of Wolf Road, approximately one and a quarter miles west of the Latham-Loudonville Road; on the east side of the Old Niskayuna Road, approximately three quarters of a mile north of the Troy-Shaker Road; and on the east side of Wade Avenue, approximately one half mile south of the Troy-Schenectady Road in the town of Colonie, Albany County, which form the source of the public water supply of the Latham Water District, town of Colonie, Albany County, N. Y.

(b) Definitions. (1) The term wells 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 these points 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 nearest well.

(c) Privies adjacent to any well. No privy, privy vault, pit, cesspool or other receptacle of any kind for the storage or deposit of human excreta shall be constructed, maintained or allowed to remain within 200 feet of the wells of the public water supply of the Latham Water District.

(d) Bath water, wastes. No bath water, laundry wastes, sewage or excremental matter from any source whatsoever 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 within 200 feet of the wells of the public water supply of the Latham Water District.

(e) Human excreta, compost. 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 200 feet of the wells and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 200 feet of the wells of the public water supply of the Latham Water District.

(f) Garbage, refuse. No garbage, putrescible matter, kitchen or sink wastes or refuse of any kind 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 200 feet of the wells of the public water supply of the Latham Water District.

(g) Animals. No stable for cattle or horses, no barnyard, hogyard or 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 200 feet of the wells of the public water supply of the Latham Water District, 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 drainage, leachings or washings from the same may enter the wells without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 200 feet from the wells of the public water supply of the Latham Water District.

(h) Trespassing. No trespassing shall be allowed upon the property of the Latham Water District upon which the wells of the public water supply of the Latham Water District are located, and no person or persons shall enter in or upon such property except the board of water commissioners 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 water commissioners of the Latham Water District.

(i) Inspections. The board of water commissioners of the Latham Water District or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the Latham Water District 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 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 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. (j) General clause. In addition to observing the foregoing requirements, all persons shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply of the Latham Water District.

(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 100.16 - Latham Water District, Town of Colonie (reservoir)

100.16 Latham Water District, town of Colonie (reservoir).

(a) Application. The following rules and regulations enacted in accordance with the provisions of chapter 45 of the Consolidated Laws (Public Health Law), as finally amended by chapter 879 of the Laws of 1953, and numbered article 11 thereof, shall apply to the reservoir and drainage areas tributary thereto which serve as a source of the public water supply of the Latham Water District in the town of Colonie, Albany County, New York, and to any future reservoirs which may be constructed to serve as part of the source of supply.

(b) Definitions. (1) The term water supply whenever used in this section refers to the public water supply of the Latham Water District in the town of Colonie, Albany County, New York.

(2) The term reservoir refers to the reservoir on land owned by the Latham Water District in the town of Clifton Park, Saratoga County, New York.

(3) The term tributary refers to Stony Creek or any stream discharging to the reservoir.

(4) The term linear distance refers to the shortest horizontal distance from the nearest point of the structure or object to the tributaries or the high-water mark of the reservoirs.

(c) Human excreta. (1) No human excreta shall be deposited, thrown or placed or allowed to escape into the reservoir or any tributary.

(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 the reservoir or within 200 feet of any tributary and covered with not less than 12 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 or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 200 feet of the reservoir or within 100 feet of any tributary, except a properly constructed and operated sewage disposal plant as hereinafter set forth in 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) Every privy or receptacle of any kind for the storage or deposit of human excreta, 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 the reservoir or tributary and especially constructed of concrete, masonry 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 the reservoir or any tributary. All privies or receptacles referred to in this paragraph shall be constructed or installed only with the approval and under the supervision of the town board of the town of Colonie acting for, and on behalf of, the Latham Water District.

(d) Sewage. No sewage shall be discharged or allowed to flow into the reservoir or any tributary nor deposited on or beneath the surface of the ground within 300 feet of the reservoir or within 200 feet of any tributary except into watertight receptacles, the contents of which shall be disposed of as provided for by paragraph (3) of subdivision (c). If such watertight receptacles are used, they shall not be located within 100 feet of the reservoir, provided, however, that the property on which the receptacle is built or is to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of the property. In such case, the watertight receptacle shall be constructed and maintained as provided for in paragraph (5) of subdivision (c). 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 and/or the Water Pollution Control Board.

(e) Bath water, wastes. No bath water, sink or laundry wastes or polluted liquid of any kind, except the effluent from a properly constructed and operated sewage treatment plant as hereinbefore provided by subdivision (d), shall be discharged or allowed to flow into the reservoir or any tributary nor be deposited on or beneath the surface of the ground within 100 feet of the reservoir or within 50 feet of any tributary.

(f) Garbage, refuse. No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or parts thereof or any other matter that pollutes water shall be deposited in the reservoir or tributaries nor on or beneath the surface ground within 100 feet of the reservoir or within 50 feet of any tributary nor in such manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into the reservoir or any tributary. (g) Swimming. No person or persons shall bathe or swim or be allowed to bathe or swim in the reservoir.

(h) Boating, fishing. No boating or fishing of any kind, ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of the reservoir, except by duly authorized employees of the Latham Water District in the performance of their duties of supervision and maintenance of the water supply.

(i) Animals. (1) No animal or poultry shall be allowed to stand, wade, wallow or swim nor to be washed or watered in the reservoir, and no watering place shall be maintained in such a way as to pollute any water course 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 located or maintained in such a manner that the drainage, leachings or washings therefrom may pollute the reservoir or any tributary.

(j) Camps. No camp, tent, building or other structure for the occupancy of transients or for the housing of laborers engaged in construction work or for 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 200 feet of the reservoir or within a distance of 100 feet of any tributary.

(k) Cemeteries. No interment of a human body shall be made within a distance of 200 feet of the reservoir or within a distance of 100 feet of any tributary.

(l) 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.

(m) Inspections. The town board of the town of Colonie acting for and on behalf of the Latham Water District 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 district shall make thorough monthly inspections of the lake, watercourses and watersheds 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 town board 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 town board to promptly notify the State Commissioner of Health of such violations. The town board of the town of Colonie acting for, and on behalf of, the Latham Water District 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.

(n) Penalty. In accordance with section 1103 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 879 of the Laws of 1953, 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 100.17 Reserved

Section 100.18 - Water District No. 1, Town of Bethlehem

100.18 Water District No. 1, town of Bethlehem. (a) Application. The following rules and regulations enacted in accordance with the provisions of sections 1100, 1101, 1102, 1103, 1104 and 1105 of chapter 45 of the Consolidated Laws (Public Health Law), as finally amended by chapter 879 of the Laws of 1953, shall apply to the springs and the spring-fed reservoirs and future drainage areas tributary thereto which serve as a source of the public water supply of Water District No. 1, town of Bethlehem, Albany County, New York, and to any future reservoirs which may be constructed to serve as part of the source of supply.

(b) Definitions. (1) The term water supply wherever used in this section refers to the public water supply of Water District No. 1, town of Bethlehem, Albany County, New York.

(2) The term springs refers to those springs located on the watershed and elsewhere and which are tributary to or contribute to the Water District No. 1 water supply.

(3) The term reservoirs refers to the impounding reservoir located on tributaries of Vly and Onesquethaw creeks in the town of New Scotland, in the valley between Clipp Road and Rock Kill Road on land owned by Water District No. 1, together with the two distribution reservoirs located on New Scotland Road in the town of New Scotland also located on land owned by Water District No. 1.

(4) 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.

(5) The linear distance of a structure or object from the 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 such watercourse.

(6) 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.

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

(c) Human excreta. (1) No human excreta shall be deposited, thrown or placed or allowed to escape into the reservoirs or any 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 water supply unless deposited in trenches or pits at a distance of not less than 200 feet from the reservoirs or any 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 or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 100 feet of the springs, streams or reservoirs, except a properly constructed and operated sewage disposal plant as hereinafter set forth in subdivision (d) of this section; 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 distances above-named can be obtained within the limits of such property.

(5) Every privy or receptacle of any kind for the storage or deposit of human excreta, built or to be built on property which is so located, bounded or otherwise placed that the distances 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 board of commissioners of Water District No. 1, and in such manner as effectually to prevent any pollution of the public water supply.

(6) Every privy or receptacle for the storage or deposit of human excreta located within the distances of 100 feet and 200 feet of the springs, streams or reservoirs shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

(7) Whenever, in the opinion of the State Commissioner of Health, excremental matter from the 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. No sewage shall be discharged or allowed to flow into the reservoir or any watercourse nor deposited beneath the surface of the ground within 200 feet of the springs, streams or reservoirs except into watertight receptacles, the contents of which shall be disposed of as provided for by paragraph (3) of subdivision (c) of this section. If such watertight receptacles are used, they shall not be located within 100 feet; provided, however, that the property on which the receptacle is built or to be built is so located, bounded or otherwise placed that the distances above-named can be obtained within the limits of the property. In such case, the watertight receptacle shall be constructed and maintained as provided for in paragraph (5) of subdivision (c). 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.

(e) Bath water, wastes. No bath water, sink or laundry wastes or polluted liquid of any kind, except the effluent from a properly constructed and operated sewage treatment plant as hereinbefore provided by subdivision (d), shall be discharged or allowed to flow into the reservoirs or any watercourse or spring nor be deposited on or beneath the surface of the ground within 200 feet of the reservoirs or any watercourse or spring.

(f) Garbage, refuse. No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or parts thereof or any other matter that pollutes water shall be deposited in the reservoirs or watercourse nor on or beneath the surface of the ground within 200 feet of the reservoirs or of any watercourse nor in such manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into any reservoir or watercourse.

(g) Bathing. No person or persons shall bathe or swim or be allowed to bathe or swim in the reservoirs or in any watercourse.

(h) Boating, fishing. No boating or fishing of any kind, ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of the reservoirs or any tributary to the public water supply, except by duly authorized employees of the Water District No. 1 in the performance of their duties of supervision and maintenance of the water supply.

(i) Animals. (1) No animal or poultry shall be allowed to stand, wade, wallow or swim nor to be washed or watered in the reservoirs or any tributary 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 drainage, leachings or washings therefrom may pollute the reservoirs or any watercourse.

(j) Manure. No manure pile shall be maintained or allowed to remain within 200 feet of the reservoirs or any watercourse.

(k) Camps. No camp, tent, building or other structure for the occupancy of transients or for the housing of laborers engaged in construction work or for 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 250 feet of the reservoirs or any watercourse.

(l) Cemeteries. No interment of a human body shall be made within a distance of 250 feet of the reservoirs or any watercourse.

(m) 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.

(n) Inspections. The board of commissioners of Water District No. 1 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 town shall make thorough periodic inspections of the reservoirs, watercourses and watersheds tributary thereto for the purpose of ascertaining whether the above rules and relations are being complied with, and it shall be the duty of said board of commissioners 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 board of commissioners to promptly notify the State Commissioner of Health of such violations. The board of 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. (o) Penalty. In accordance with section 1103 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 879 of the Laws of 1953, 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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Part 101 - Allegany County

Effective Date: 
Friday, July 3, 1981
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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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Section 101.2 - Village of Richburg

101.2 Village of Richburg.

(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 springs, located on land, owned by the village of Richburg and situated approximately one and a half to two and a quarter miles northeast of the village of Richburg and which form the sources of the public water supply of the village of Richburg, Allegany County, N. Y.

(b) Definitions. (1) The term springs wherever used in this section is intended to mean and refer to all springs, infiltration galleries or collecting tiles now used as a source of this public water supply or to any additional spring, infiltration gallery or collecting tile, which may be constructed for the purpose of this public water supply.

(2) Wherever a linear distance of a structure or object from a spring 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 spring, infiltration gallery or collecting tile.

(c) Privies adjacent to any spring. (1) No privy, privy vault, pit or other receptacle of any kind, placed or used for either the temporary storage or the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 150 feet of any spring, forming the sources of the public water supply of the village of Richburg.

(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 spring forming the sources of the public water supply of the village of Richburg.

(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 spring forming the sources of the public water supply of the village of Richburg.

(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 spring, 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 spring forming the sources of the public water supply of the village of Richburg. (2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any garbage, 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 200 feet of any spring forming the sources of the public water supply of the village of Richburg.

(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 spring forming the sources of the public water supply of the village of Richburg, 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 spring 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 spring forming the sources of the public water supply of the village of Richburg.

(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 spring; 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 spring forming the sources of the public water supply of the village of Richburg.

(f) Dead animals, offal, industrial wastes. 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 300 feet of any spring forming the sources of the public water supply of the village of Richburg.

(g) Trespassing. No trespassing shall be allowed upon the property of the village of Richburg upon which the springs forming the sources of the public water supply of the village of Richburg are 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 except such other persons as may be authorized to enter said property by the board of trustees of the village of Richburg.

(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 300 feet of any spring forming the sources of the public water supply of the village of Richburg.

(i) Cemeteries. No interment of a human body shall be made within a distance of 300 feet of any spring forming the sources of the public water supply of the village of Richburg.

(j) Inspections. The board of trustees of the village of Richburg 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 Richburg or their duly appointed representative shall make regular and thorough inspections of the area surrounding the springs 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 springs 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 public water supply of the village of Richburg.

(l) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.

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Section 101.3 - Village of Wellsville

101.3 Village of Wellsville.

(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 heretofore set forth shall apply to that portion of the Genesee River and its tributary watercourses located within the State of New York and above the intake of the public water supply of the village of Wellsville, Allegany County, N.Y., these streams being sources of the public water supply of the village of Wellsville.

(b) Definitions. (1) The term watercourse wherever used in this section is intended to mean and include every spring, pond, reservoir, stream, ditch, gutter or other channel of any kind the water of which when running whether continuously or occasionally eventually flow or may flow into the public water supply of the village of Wellsville.

(2) Wherever a linear distance of a structure or object 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 margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 50 feet of any watercourse within the State of New York tributary to the public water supply of the village of Wellsville.

(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 150 feet of any watercourse within the State of New York tributary to the public water supply of the village of Wellsville.

(3) No cesspool, pit or other receptacle of any kind, used for the temporary 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 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 temporary receptacles permitted under paragraph (3) of this subdivision shall be removed and the receptacles thoroughly cleaned and deodorized as often as may be found necessary to maintain the privy in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundation or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(5) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits at a depth of not less than 18 inches below the surface and at a distance of not less than 300 feet from any watercourse within the State of New York tributary to the public water supply of the village of Wellsville.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacles or from any trench or place of disposal or the garbage or wastes from any dump may be washed over the surface or through the soil in an imperfectly purified condition into any watercourse, then the said privy or receptacle for excreta or the trench or place of disposal of 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 or flow in any manner either directly or indirectly into any watercourse within the State of New York tributary to the public water supply of the village of Wellsville, nor shall any such matters be thrown, placed, led, discharged or allowed to escape beneath the surface, except into watertight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 150 feet of any such watercourse tributary to the public water supply of the village of Wellsville.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste water from any creamery, cheese factory, laundry nor water in which clothing, bedding or carpets have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any watercourse, nor shall any such liquid or solid refuse or waste be thrown, discharged or allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any watercourse within a distance of 100 feet from any watercourse within the State of New York tributary to the public water supply of the village of Wellsville.

(3) No clothing, bedding, carpets, nor anything that pollutes water, shall be washed, rinsed or placed in any watercourse within the State of New York tributary to the public water supply of the village of Wellsville.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe, nor shall any animals or poultry be allowed to stand, wallow, wade or swim in any watercourse nor be washed therein within 1000 feet above the intake of the Wellsville water supply. No watering place shall be maintained in such a way as to pollute with muddy leachings or excretal matters any streams within the State of New York tributary to the public water supply of the village of Wellsville.

(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 25 feet from any watercourse within the State of New York tributary to the public water supply of the village of Wellsville, 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 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 25 feet before reaching any watercourse within the State of New York tributary to the public water supply of the village of Wellsville.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into any watercourse nor to be placed, piled or spread upon the surface of the ground at any point on the watershed within the State of New York tributary to the public water supply of the village of Wellsville, 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 18 inches below the surface nor within a distance of 300 feet from any watercourse with the State of New York tributary to the public water supply of the village of Wellsville, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 25 feet from any watercourse within the State of New York tributary to the public water supply of the village of Wellsville.

(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 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 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 watercourse tributary to the public water supply of the village of Wellsville. (f) Dead animals, offal, manufacturing wastes, etc. No dead animals, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any 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 watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 150 feet before entering any watercourse within the State of New York tributary to the public water supply of the village of Wellsville.

(g) Labor, camps. No temporary camp, tent, building or other structures for housing laborers engaged in construction work or for other purposes shall be located, placed or maintained within a distance of 300 feet from any watercourse within the State of New York tributary to the public water supply of the village of Wellsville.

(h) Cemeteries. No interment of a human body shall be made within a distance of 300 feet from any watercourse within the State of New York tributary to the public water supply of the village of Wellsville.

(i) Inspections. The commissioners of the water and light department of the village of Wellsville shall make regular and thorough inspections of the 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 commissioners to cause copies of any rules and regulations violated to be served upon the persons violating the same with notice 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 commissioners of the water and light department to promptly notify the State Commissioner of Health of such violations. The commissioners shall report in writing annually, on the first of January, the results of the regular inspection 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.

(j) 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 $200.

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Section 101.4 - Houghton Water District, Town of Caneadea

101.4 Houghton Water District, Town of Caneadea. (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 the two wells which comprise the source of the public water supply of the Houghton Water District, town of Caneadea, Allegany County, N.Y. One of the said wells, known as the old well or "well #1", is located on the Houghton College Campus. This well is approximately a 20-foot linear distance west of York Drive and a 500-foot linear distance northwest of the science building in the hamlet of Houghton. It is leased to the water district for a period of 99 years from January 1, 1970. The other well, known as the new well or "well #2", is approximately a 210-foot linear distance southeast of North River Road (Route 19), approximately a 100-foot linear distance northwest of Rochester Gas and Electric (R.G.&E.) right-of-way, and a 65-foot linear distance east of R.G.&E. pole 2-AE. This well is on land owned by the water district, near the north end of said hamlet of Houghton.

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

(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 second-hand 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 the structure or object to the extension of the centerline of the wells.

(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.

(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 nonputrescible solid wastes including garbage, manure, rubbish, ashes, incinerator residue, street cleaning, 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) 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.

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

(13) 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.

(14) Treatment works shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, construction drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary land fill, or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.

(15) Water supply shall mean the public water supply of the Houghton Water District, Town of Caneadea, Allegany County, NY.

(16) Wells shall mean wells now used as a source of this water supply or to any additional wells which may be constructed at this point as a source for this 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) Specified prohibitions. (1) Cemeteries. No interment of a human body shall be made within a 250-foot linear distance of the wells.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the wells except in weatherproof buildings or watertight vessels. (3) Herbicides and pesticides. No pesticides or herbicides shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the wells unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(4) Human excreta and sewage. (i) No privy, privy vault, pit or other receptacle of any kind for either temporary storage or the permanent deposit of human excreta or sewage shall be constructed, located, placed, maintained or allowed to remain within a 250-foot linear distance of the wells.

(ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 250-foot linear distance of the wells.

(iii) No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground within a 250-foot linear distance of the wells; except in watertight pipes connected to a sewage disposal system or treatment works for which a permit has been granted by the appropriate State agency having jurisdiction over such facility. No such watertight pipe shall be located within a 15-foot linear distance of the wells.

(5) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the wells and not within a 500-foot to a 1,000-foot linear distance of the wells unless authorization has been obtained from the appropriate State agency and such burial is in accordance with provisions of Part 16 of this Title.

(6) Solid waste. (i) Junkyards. No junkyard shall be located within a 250-foot linear distance of the wells.

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

(iii) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of the wells.

(7) Toxic 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 a 500-foot linear distance of the wells.

(8) Trespassing. No trespassing shall be allowed upon the property of the Houghton Water District, Town of Caneadea, Allegany County, NY, upon which the wells are located and no person or persons shall enter in or upon such property except the person or persons authorized to enter said property by said district.

(e) Inspections. The town board of the Town of Caneadea, Allegany County, NY, or any person or persons charged with the maintenance or supervision of the public water supply system shall, by its officers or its duly appointed representative, make regular and thorough inspections of the area surrounding the wells to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid town board to cause copies of any rules and regulations violated to be served upon the persons violating the same together with notices of said violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid town board to promptly notify the State Commissioner of Health of such violations. The aforesaid superintendent, Houghton Water District, 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 area surrounding the wells 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.

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Part 102 - Broome County

Effective Date: 
Tuesday, January 8, 1985
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Section 102.1 - Chenango Water District No. 1, Town of Chenango

Section 102.1 Chenango Water District No. 1, Town of Chenango. (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 located on land owned by the district located east of Kattelville Road on the north side of Clark Street on what is known as the Macomber site, forming the source of the public water supply of the Chenango Water District No. 1, Town of Chenango, Broome County, NY.

(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 and to any additional wells 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 any 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 100 feet of any well of the public water supply of the Chenango Water District No. 1.

(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 175 feet of any well of the public water supply of the Chenango Water District No. 1.

(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 300 feet from any well of the public water supply of the Chenango Water District No. 1.

(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. 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 within 175 feet of any well of the public water supply of the Chenango Water District No. 1, except into watertight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c) or into suitable watertight iron pipes with leaded joints connected to a sewer system, a permit for which has been secured from the State Commissioner of Health. It is provided, however, that no such watertight receptacle or any such watertight iron pipe shall be within 100 feet of any well of the public water supply of the Chenango Water District No. 1. (e) Trespassing. No trespassing shall be allowed upon the property upon which any well of the public water supply of the Chenango Water District No. 1 is located and no person or persons shall enter in or upon such property except the board of water commissioners 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 water commissioners of the Chenango Water District No. 1.

(f) 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 Chenango Water District No. 1.

(g) Inspections. The board of water commissioners of the Chenango Water District No.1 or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the Chenango Water District No.1 or their duly appointed representatives 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 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 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.

(h) 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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Section 102.2 - Hillcrest Water District No. 1, Town of Fenton

102.2 Hillcrest Water District No. 1, town of Fenton.

(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 Hillcrest Water District No. 1, and situated along the bank of the abandoned Chenango Canal in the western part of the district, which form the source of the public water supply of the Hillcrest Water District No. 1 of the town of Fenton, Broome 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 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 such 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 200 feet of any well of the public water supply of the Hillcrest Water District No. 1.

(2) 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 within 200 feet of any well of the public water supply of the Hillcrest Water District No. 1.

(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 150 feet of any well of the public water supply of the Hillcrest Water District No. 1.

(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 150 feet of any well of the public water supply of the Hillcrest Water District No. 1, 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 150 feet from any well of the public water supply of the Hillcrest Water District No. 1.

(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 150 feet of any well of the public water supply of the Hillcrest Water District No. 1.

(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 Hillcrest Water District No. 1. (g) Trespassing. No trespassing shall be allowed upon the property of the Hillcrest Water District No. 1, upon which any well of the public water supply of the Hillcrest Water District No. 1 is located and no person or persons shall enter in or upon such property except the board of water commissioners 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 water commissioners of the Hillcrest Water District No. 1.

(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 well of the public water supply of the Hillcrest Water District No. 1.

(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 Hillcrest Water District No. 1.

(j) Inspections. The board of water commissioners of the Hillcrest Water District No. 1 or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the Hillcrest Water District No. 1 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 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 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.

(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 102.3 - Water District No. 4, Town of Kirkwood

102.3 Water District No. 4, Town of Kirkwood. (a) Application. The rules and regulations herein set forth, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to the wells which comprise the source of the public water supply of Water District No. 4 of the Town of Kirkwood. Said wells are located on land owned by Water District No. 4 of the Town of Kirkwood and are situated and designated as Broome County Tax Map No. 7-1-S1. More particularly, said premises are located on the easterly shore of the Susquehanna River approximately 2,000 feet south of the confluence of Park Creek with said Susquehanna River.

(b) Definitions. (1) Agricultural associated animal waste shall mean manure obtained from agricultural industries.

(2) Chloride salt shall mean the solid compounds or solutions of potassium chloride (commonly used as fertilizer), calcium chloride (commonly used for winter-road maintenance) or sodium chloride (commonly used for water-softener regenerations).

(3) Construction and demolition dump shall mean a site used for the deposit of wastes resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include, but are not limited to bricks, concrete and other masonry materials, soil, rock and lumber, road spoils, paving material and tree and brush stumps.

(4) Fertilizers shall be any commercially produced mixture generally containing phosphorus, nitrogen and potassium which is applied to the ground to increase nutrients to plants.

(5) Groundwater shall be any water beneath the land surface in the saturated zone that is under atmospheric or artesian pressure and that enters wells and springs.

(6) Herbicide shall mean any substance used to destroy or inhibit plant growth.

(7) Human excreta shall mean human feces and urine.

(8) Junkyard shall mean an area utilized for the collection, storage, burning, dumping, disassembling, dismantling, salvaging, sorting or otherwise handling or arranging for sale, resale, storage or disposal or otherwise of bodies, engines, or parts of autos.

(9) Linear distance shall mean the shortest horizontal distance from the nearest point of the structure or object to the extension of the centerline of the wells.

(10) Manure shall mean animal feces and urine.

(11) Nonagricultural associated animal waste shall mean manure obtained from nonagricultural industries.

(12) Pesticide shall mean any substance used to destroy or inhibit pests, such as rodents and insects.

(13) Pollutant shall mean dredge, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical waste, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial and municipal waste and agricultural and nonagricultural associated animal waste.

(14) 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.

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

(16) Refuse shall mean all putrescible and nonputrescible solid wastes, including garbage, manure, rubbish, ashes, incinerator residue, street cleaning, dead animals, offal and solid commercial and industrial wastes.

(17) 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 agricultural associated animal wastes resulting from the operation of such farm are deposited.

(18) 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.

(19) Sewage disposal system shall mean any system used for disposing of sewage and includes treatment works.

(20) Sludge shall mean any solid, semi-solid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment, or air pollution control facility. Sludge does not include the treated effluent from a wastewater treatment plant.

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

(22) Treatment works shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, construction 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. (23) Water stabilization pond or lagoon shall mean any body of water used for the collection of waste or sewage.

(24) Water district shall mean Water District No. 4 of the Town of Kirkwood.

(25) Water supply shall mean the public water supply of Water District No. 4 of the Town of Kirkwood.

(26) Wells shall mean any well or wells now used as a source of this water supply or any additional well which may be constructed at this point as a source for this 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 most stringent of standards for water quality as contained in:

(1) Part 170 of this Title;

(2) Part 703 of Title 6 (Environmental Conservation Law) of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR Part 703); and

(3) Subpart 5-1 of Part 5 of this Title, relating to maximum contamination levels for drinking water or any subsequent revision to or replacement of any such codes, rules or regulations.

(d) Specific prohibitions. (1) Any activity, system or facility, except for physical pumping and treatment facilities and controls, is prohibited within a 400-foot linear distance of the wells. Such prohibited activities include, among other things:

(i) interment of a human body;

(ii) placement of any watertight pipe connected to a sewage disposal system or treatment works;

(iii) disposal or burial of construction demolition debris;

(iv) construction, location, placement or maintenance of any sewage leaching area, privy, privy vault, pit or other receptacle of any kind for either the temporary storage or the permanent deposit of human excreta;

(v) use of sodium chloride for deicing;

(vi) deposit or spreading of any agricultural or nonagricultural associated animal waste; and

(vii) deposit or spreading of any fertilizer.

(2) The following actions or activities are prohibited within a 750-foot linear distance of the wells:

(i) deposit of any refuse on or beneath the surface of the ground;

(ii) operation or location of any refuse disposal area;

(iii) storage, discharge or application of pesticides or herbicides, except when the property owner or applicator first obtains a permit for such activity from the appropriate Federal, State or local agencies having jurisdiction;

(iv) storaging or stockpiling of any agricultural or nonagricultural associated animal waste, except where provisions have been made for a soil conservation service designed and approved handling system to prevent seepage to the groundwater;

(v) discharging or allowing any sewage or polluted liquid of any kind to flow on or beneath the surface of the ground, except in watertight pipes connected to a sewage disposal system for which a permit has been granted by the appropriate State agency having jurisdiction over such facilities;

(vi) operation or location of any new construction demolition dump, except that any existing construction demolition dump licensed by the New York State Department of Environmental Conservation shall be allowed within a 400-foot linear distance of the wells pursuant to paragraph (c) (1) of this section so long as such license remains in full force and effect;

(vii) placement or location of any container of more than 275 gallons used for the storage of gasoline, kerosene, fuel oil or diesel oil;

(viii) stockpiling or dumping of snow removed from streets, roads and parking areas;

(ix) open storage of fertilizers;

(x) excavations or cut-ins which expose groundwater permanently or during maximum elevation of the water table, or which significantly reduce the thickness of the soil cover and thereby ease the entrance of contaminants into groundwaters.

(xi) the operation of sand and gravel mining or dredging operations, except pursuant to a permit granted by the appropriate State or local agency having jurisdiction over the same; and

(xii) operation or location of any junkyard licensed by the Town of Kirkwood.

(3) The following actions or activities are prohibited within a 1,000-foot linear distance of the wells:

(i) disposal or burial in the soil of any radioactive material;

(ii) placement, location or use of any waste stabilization pond or lagoon, for temporary or permanent storage of wastewater;

(iii) abandonment of drilled water supply wells without filling the same with cement grout;

(iv) the construction of liquefied natural gas lines or pipelines for other materials which can impair water quality;

(v) storage of a chloride salt except in weatherproof buildings or watertight vessels. (vi) deposit or spreading upon or beneath the surface of the ground of any human excreta, sewage or sludge;

(vii) storage of any toxic substance;

(viii) storage of any pollutant;

(ix) reporting of accidental spills. Spills of one gallon or more of oil or any toxic substance within a 1,000-foot linear distance of the wells shall be reported within two hours of discovery of occurrence to the town commissioner of public works and appropriate health authorities.

(x) trespassing. No trespassing shall be allowed upon the property of the water district upon which the wells are located and no person or persons shall enter in or upon such property except the person or persons authorized to enter said property by said water district;

(xi) inspections. The town board of the Town of Kirkwood shall, by its officers or duly appointed representatives, make regular and thorough inspections, at least monthly, of the area surrounding the wells to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid town board of the Town of Kirkwood 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 town board of the Town of Kirkwood to promptly notify the State Commissioner of Health of such violations. The aforesaid town board of the Town of Kirkwood 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 area surrounding the wells at the time of the last inspection; and

(xii) penalties for violations. Penalties for violations of these rules and regulations shall be those specified in section 1103 of the Public Health Law.

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Part 103 - Cattaraugus County

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CITIES

Section 103.1 - City of Olean

CITIES

Section 103.1 City of Olean. (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 heretofore set forth, shall apply to that portion of the Olean Creek and its tributary watercourses for a linear distance of 10 miles upstream from the intake of the public water supply of the City of Olean, Cattaraugus County, NY, these streams being sources of the public water supply of the City of Olean.

(b) Definitions. (1) The term watercourse wherever used in this section, is intended to mean and include every spring, pond, reservoir, stream, ditch, gutter or other channel of any kind located within 10 miles upstream from the intake of the City of Olean, the waters of which, when running whether continuously or occasionally, eventually flow or may flow into the public water supply of the City of Olean.

(2) Wherever a linear distance of a structure or object 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 margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 25 feet of any watercourse tributary to the public water supply of the City of Olean.

(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 50 feet of any watercourse tributary to the public water supply of the City of Olean.

(3) No cesspool, pit or other receptacle of any kind used for the temporary 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 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 temporary receptacles permitted under paragraph (3) of this subdivision shall be removed and the receptacles thoroughly cleaned and deodorized as often as may be found necessary to maintain the privy in proper sanitary condition and to effectually prevent an 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 Department of Health, the excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits at a depth of not less than 18 inches below the surface and at a distance not less than 100 feet from any watercourse tributary to the public water supply of the city of Olean.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacles or from any trench or place of disposal or the garbage or wastes from any dump may be washed over the surface or through the soil in an imperfectly purified condition into any 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 or flow in any manner either directly or indirectly into any watercourse tributary to the public water supply of the city of Olean, nor shall any such matters be thrown, placed, led, discharged or allowed to escape beneath the surface except into watertight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 50 feet of any such watercourse tributary to the public water supply of the city of Olean.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste water from any creamery, cheese factory, laundry nor water in which clothing, bedding or carpets have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any watercourse, nor shall any such liquid or solid refuse or waste be thrown, discharged or allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any watercourse within a distance of 25 feet from any watercourse tributary to the public water supply of the city of Olean.

(3) No clothing, bedding, carpets nor anything that pollutes water shall be washed, rinsed or placed in any watercourse tributary to the public water supply of the city of Olean.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe, nor shall any animals or poultry be allowed to stand, wallow, wade or swim in any watercourse nor be washed therein within 500 feet above the intake of the Olean water supply. 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 city of Olean.

(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 25 feet from any watercourse tributary to the public water supply of the city of Olean, 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 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 25 feet before reaching any watercourse tributary to the public water supply of the city of Olean.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into any watercourse nor to be placed, piled or spread upon the surface of the ground within 200 feet from any watercourse tributary to the public water supply of the city of Olean, 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 18 inches below the surface nor within a distance of 100 feet from any watercourse tributary to the public water supply of the city of Olean and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 15 feet from any watercourse tributary to the public water supply of the city of Olean.

(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 watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in such place that the drainage, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into 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 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 25 feet before entering any watercourse tributary to the public water supply of the city of Olean.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animals, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any watercourse. Nor shall any such material or refuse to be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any such 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 50 feet before entering any watercourse tributary to the public water supply of the city of Olean. (g) Labor 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 100 feet from any watercourse tributary to the public water supply of the city of Olean.

(h) Cemeteries. No interment of a human body shall be made within a distance of 100 feet from any watercourse tributary to the public water supply of the city of Olean.

(i) Inspections. The board of water commissioners of the city of Olean shall make regular and thorough inspections of Olean Creek and the 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 commissioners to cause copies of any rules and regulations violated to be served upon the persons violating the same with notice 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 violation. The commissioners shall report in writing annually, on the first of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general conditions of the watershed at the time of the last inspection.

(j) 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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VILLAGES

Section 103.3 - Village of Franklinville

VILLAGES

103.3 Village of Franklinville.

(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 and situated in the northern part of the village, adjacent to and east of State highway to Buffalo, which form a source of the public water supply of the village of Franklinville, Cattaraugus 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 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 any 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 150 feet of any well of the public water supply of the village of Franklinville.

(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 Franklinville.

(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 at the village of Franklinville.

(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, street sweepings, car washings 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 paragraph (4) and (5) of subdivision (c) or into suitable watertight iron pipes with tight leaded joints connected to a sewage disposal system, a permit for which has been granted by the State Commissioner of Health) within 300 feet of any well of the public water supply of the village of Franklinville. It is provided, however, that no such watertight iron pipe shall be located within 50 feet of any well of the public water supply of the village of Franklinville. (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 200 feet of any well of the public water supply of the village of Franklinville.

(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 150 feet of any well of the public water supply of the village of Franklinville, 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 150 feet from any well of the public water supply of the village of Franklinville.

(2) No human excreta, or other matter containing human excreta shall be thrown, placed, piled or spread upon the surface of the ground nor buried in the soil 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 150 feet of any well of the public water supply of the village of Franklinville.

(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 300 feet of any well of the public water supply of the village of Franklinville.

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

(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 of the public water supply of the village of Franklinville.

(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 Franklinville.

(j) Inspections. The board of water commissioners of the village of Franklinville 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 Franklinville 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 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 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. (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 103.4 - Village of Gowanda

103.4 Village of Gowanda.

(a) Application. The following rules and regulations enacted in accordance with the provision of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as finally amended by chapter 395 of the Laws of 1928, shall apply to the wells, springs and the spring-fed reservoir and drainage areas tributary thereto which serve as a source of the public water supply of the village of Gowanda, Cattaraugus and Erie counties, New York.

(b) Definitions. (1) The term water supply wherever used in this section refers to the public water supply of the village of Gowanda, Cattaraugus and Erie counties, New York.

(2) The term wells refers to the wells now used as sources of this public water supply, which are located on land owned by the village, situated in the southwestern part of the village adjacent to and north of Hill Street, in Cattaraugus County, New York and to any wells which may be developed for the purpose of this water supply.

(3) The term springs refers to those springs which are located on land owned by the village to the southeast of the village in Erie County, New York and which are tributary to the water supply of the village of Gowanda.

(4) The term reservoir refers to the spring-fed reservoir located on land owned by the village to the southeast of the village in Erie County, New York and to any reservoirs which may be constructed as part of this water supply.

(5) The term linear distance refers to the shortest horizontal distance from the nearest point of the structure or object to the wells or springs or to the high-water mark of the reservoir.

(c) Human excreta. (1) No human excreta shall be deposited, thrown, placed or allowed to escape into the reservoir.

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

(3) No human excreta shall be buried in the soil at a distance of less than 500 feet from any wells, springs or reservoir and it must be deposited in trenches or pits and, when buried at more remote location, covered with not less than 12 inches of soil in such a manner as to effectively prevent its being washed over the surface of the ground by rain or melting snow.

(4) No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 150 feet of any wells, springs or reservoir.

(5) Every privy or receptacle for the storage or deposit of human excreta, located between the limiting distance prescribed in paragraph (4) of this subdivision and the distance of 300 feet from any wells, springs or reservoir, shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied before it becomes filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

(6) 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 the wells, springs or reservoir, the said privy, receptacle, trench or place of disposal shall, after due notice to the owner thereof, be removed to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage. No sewage, bath water, sink or laundry wastes shall be discharged or allowed to flow into the reservoir or any spring nor deposited on or beneath the surface of the ground within 300 feet of any wells, springs or reservoir, except into a watertight receptacle, the contents of which shall be removed as provided by paragraph (3) of subdivision (c) or into a sewage treatment plant, plans for which shall be submitted to and approved by the State Commissioner of Health.

(e) Wastes, refuse and garbage. No garbage, refuse, putrescible matter, decayed fruit or vegetables, dead animals or other material that pollutes water shall be deposited in any reservoir nor on or beneath the surface of the ground within 200 feet of wells, springs or reservoir nor in such a manner that it can be washed by rain, melting snow or otherwise over the surface of or through the ground into the wells, springs or reservoir.

(f) Bathing. No person shall bathe or swim or be allowed to bathe or swim in the reservoir.

(g) Places for animals. (1) No animals or poultry shall be allowed to stand, wade, wallow or swim nor be washed or watered in the reservoir or springs, and no watering place shall be maintained in such a way as to pollute the wells, springs or reservoir 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 located or maintained at a distance less than 150 feet from any wells, springs or reservoir. (h) Manure piles. No manure pine or compost heap shall be maintained or allowed to remain within 150 feet of the wells, springs or reservoir, nor shall manure be spread on the surface of the ground on the drainage area of the reservoir within 150 feet of the reservoir or within 150 feet of any wells or springs.

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

(j) 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 on the area tributary to the reservoir within a distance of 500 feet of the reservoir nor within 500 feet of the wells or springs.

(k) Cemeteries. No interment of a human body shall be made within a distance of 250 feet of the wells, springs or reservoir.

(l) Inspections. The board of trustees of the Village of Gowanda 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 Gowanda, or the duly appointed representatives of any such board, shall make regular and thorough inspections of the reservoirs and drainage areas tributary thereto and 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, 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 said board 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 condition surrounding the wells, springs and the reservoir at the time of the last inspection.

(m) 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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Part 104 - Cayuga County

Effective Date: 
Tuesday, February 12, 1985
Doc Status: 
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Statutory Authority: 
Public Health Law, Section 1100

Section 104.1 - City of Auburn and Town of Owasco

Section 104.1 City of Auburn and Town of Owasco. (a) Application. The rules and regulations set forth in this section, duly made and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to Owasco Lake and its tributaries, which is a source of the public water supply for both the City of Auburn and the Town of Owasco, Cayuga County, New York, and to all watercourses tributary thereto or which may ultimately discharge into said lake.

(b) Definitions. (1) Agricultural-associated animal waste shall mean manure obtained from agricultural industries.

(2) Agricultural-associated animal waste area shall mean land used for the deposition of agricultural-associated animal waste on the surface of the ground for fertilization purposes.

(3) Agricultural-associated animal waste storage area shall mean land used for the temporary or permanent deposition of agricultural-associated animal waste where said deposition is not directly for the purpose of fertilization.

(4) Chloride salt shall mean the solid compounds or solutions of potassium chloride (commonly used as fertilizer), calcium chloride (commonly used for winter road maintenance) or sodium chloride (commonly used for water softener regeneration).

(5) Herbicide shall mean any substance used to destroy or inhibit plant growth.

(6) Human excreta shall mean human feces and urine.

(7) 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.

(8) Lake shall mean Owasco Lake.

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

(10) Manure shall mean animal feces and urine.

(11) Nonagricultural-associated animal waste shall mean manure obtained from nonagricultural industries.

(12) Optimum high-water mark shall mean 717.13 feet above sea level using United States Geological Survey datum.

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

(14) 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, industrial and municipal waste and agricultural and nonagricultural-associated animal waste.

(15) 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.

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

(17) Refuge shall mean all putrescible and nonputrescible solid wastes, including garbage, manure, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid commercial and industrial wastes.

(18) Refuge 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 agricultural-associated animal wastes resulting from the operation of such farm are deposited.

(19) 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.

(20) Sewage disposal system shall mean any system used for disposing of sewage, and includes treatment works.

(21) Toxic substance shall mean any toxic substance as so defined by subdivision 2 of section 4801 of the Public Health Law.

(22) 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 landfills or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing, or disposing of sewage.

(23) Watercourse shall mean every spring, stream, marsh or channel of water of any kind numbered on the latest Owasco Lake Watershed Base Map of the Central New York Regional Planning and Development Board.

(24) Watershed shall mean the entire drainage area contributing water to Owasco Lake.

(25) Water supply shall mean the public water supply of both the City of Auburn and Town of Owasco, New York, from Owasco Lake. (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) Agricultural-associated animal waste area. No agricultural-associated animal waste area shall be located within a 250-foot linear distance of the lake or watercourse. Beyond that distance such area shall be maintained in such manner that surface runoff will not carry agricultural-associated animal waste directly into the lake or watercourse.

(2) Cemeteries. No interment of a human body shall be made within a 250-foot linear distance of the lake or watercourse.

(3) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the lake or watercourse, except in weatherproof buildings or watertight vessels.

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

(5) Human excreta and sewage. (i) No human excreta or sewage shall be deposited or allowed to escape into Owasco Lake or any 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. Composted sludge, pursuant to a permit issued by an appropriate State or local agency having jurisdiction, if any, shall be allowed.

(iii) No human excreta or sewage shall be buried in soil on the watershed unless deposited in trenches or pits at a linear distance of not less than 250 feet from the lake or watercourse, with a minimum vertical distance of five feet from the bottom of any trench or pit to groundwater, and covered with not less than one foot of soil in such a manner as to effectually prevent its being washed into the lake 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 100-foot linear distance of the lake 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 rebuilt within a 100-foot linear distance of the lake or watercourse. All systems constructed must have a vertical distance of at least two feet from the lowest portion of the system to the high-water mark. An exemption may be granted by the county health department for the repair of an existing system within 100 linear feet of the lake 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 the lake or watercourse. All such transportable receptacles shall be provided with drip-proof connections and tight-fitting covers which are securely fastened when transporting wastes to the place of ultimate disposal. The contents of the watertight receptacles shall be disposed of in accordance with subparagraph (iii) of this paragraph or at a properly designed, constructed and operated sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such facility.

(viii) Before any existing sewage disposal system is altered or any new sewage disposal system is constructed on the watershed, the plans in relation thereto shall have been first approved by the appropriate State agency having jurisdiction over such facility. Standards for waste treatment works are 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.

(ix) When an existing subsurface sewage disposal system fails, the entire system must be inspected and the site thoroughly evaluated in a manner acceptable to the appropriate State or county health agency having jurisdiction over such facility, prior to modifications or alterations to the existing system. (x) No sewage or polluted liquid of any kind shall be discharged or allowed to flow beneath the surface of the ground on the watershed, except into watertight pipes connected to a sewage disposal system or holding tank approved in accordance with subparagraph (iv) of this paragraph.

(xi) In-house composting facilities of the type that make use of human excreta, wash-waters and sink wastes will be acceptable, provided that properly designed systems for the disposal of gray water are included within the plans for their construction and are approved by the appropriate State or county health agency having jurisdiction over such facilities.

(6) Junkyards. No junkyard shall be permitted within a 100-foot linear distance of the lake or watercourse.

(7) Manure. Manure shall not be field-spread within 75 feet of the lake or watercourse unless it is plowed underground on the same day it is spread.

(8) Radioactive material. No radioactive material of any quantity shall be buried or in any other manner disposed of within the Owasco Lake watershed.

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

(10) Refuse disposal areas. No new refuse disposal areas shall be located within 500 feet of the lake or watercourse. All refuse disposal areas on the watershed shall comply with the regulations governing their operation as outlined by Part 360 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

(11) Structures. No hut, tent, shelter or building of any kind, except a waterworks structure, shall be permitted on the water or ice within 500 feet of any water supply intake by either the City of Auburn or the Town of Owasco.

(12) Toxic substances. No container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 500-foot linear distance of the lake or watercourse, except as otherwise permitted by the provisions of subparagraph (5)(x) of this subdivision.

(13) Other wastes. No pollutant of any kind shall be discharged, deposited, or allowed to flow into the lake or watercourse or on or beneath the surface of the ground or watershed within 500 feet of the lake or watercourse, except as otherwise permitted by the provisions of subparagraph (5)(x) of this subdivision. 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) Inspection. The mayor and council of the City of Auburn and the town board of the Town of Owasco, or any person or persons charged with the maintenance or supervision of the public water supply system, shall by its officers or their duly appointed representative, make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid local governments 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 local governments to promptly notify the State Commissioner of Health of such violations. The aforesaid local governments 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.
 

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Part 105 - Chautauqua County

Effective Date: 
Wednesday, April 11, 1990
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 1100

Section 105.1 - Village of Brocton

Section 105.1 Village of Brocton. (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 heretofore set forth shall apply to all natural and artificial reservoirs on Slippery Rock 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 village of Brocton, Chautauqua County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to all storage and impounding reservoirs on Slippery Rock Creek, which are tributary to or which serve as sources of this public water supply or to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and filter basins), stream, ditch, gutter or other channel of 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 Brocton.

(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 the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 200 feet of any reservoir or within 75 feet of any watercourse tributary to the public water supply of Brocton.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or within 100 feet of any watercourse tributary to the public water supply of Brocton.

(3) No cesspool, pit or other receptacle of any kind 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 watercourse tributary to the public water supply of the Village of Brocton and in such a manner and at such a place as to effectively 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 Village of Brocton.

(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 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 to 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 be removed to such greater distance or to such a 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, except the purified effluent from a properly constructed sewage disposal plant approved by the State Commissioner of Health, as required by law, shall be thrown, placed, led, conducted, discharged or allowed to escape or flow on the surface of the ground or into the ground beneath the surface except into water-tight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c) of this section, within 300 feet of any reservoir or within 100 feet of any watercourse tributary to the public water supply of the Village of Brocton.

(2) 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 200 feet from any reservoir or within 75 feet from any watercourse tributary to the public water supply of the village of Brocton.

(3) No clothing, bedding, carpets, harnesses, vehicle, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed on any reservoir or watercourse tributary to the public water supply of the village of Brocton.

(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 nor watered in any reservoir of the public water supply of the village of Brocton. No watering place shall be maintained in such a way as to pollute with muddy leachings or excretal matters any streams tributary to the public water supply of the village of Brocton.

(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 75 feet of any watercourse tributary to the public water supply of the village of Brocton, 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 50 feet to any watercourse tributary to the public water supply of the village of Brocton.

(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 Brocton, nor shall any such human excreta or compost or other matter containing human excreta be dug or buried in the soil at a less depth than 18 inches below the surface nor within a distance of 300 feet from any reservoir nor within 150 feet of any watercourse tributary to the public water supply of the village of Brockton, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 300 feet from any reservoir or within 50 feet from any watercourse tributary to the public water supply of Brocton.

(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 200 feet before entering any reservoir or 50 feet before entering any watercourse tributary to the public water supply of the village of Brocton. (f) Dead animals, offal, manufacturing wastes, etc. No dead animals, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse. Nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the 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 Brocton.

(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 waters 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 Brocton.

(i) Cemeteries. No interment of a human body shall be made within a distance of 500 feet from any reservoir or 250 feet from any watercourse tributary to the public water supply of Brocton.

(j) Inspections. The board of trustees of the village of Brocton or such other board, body or person as may be charged with the maintenance of the public water supply of the village shall make or cause to be made 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 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 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.

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Section 105.2 - Village of Cassadaga

105.2 Village of Cassadaga.

(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 formerly owned by the Borden Milk Company and situated in the southwestern part of the village, which forms the source of the public water supply of the village of Cassadaga, Chautauqua 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 wells 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 wells 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 nearest well.

(c) Privies adjacent to the wells. (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 75 feet of any well of the public water supply of the village of Cassadaga.

(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 of the public water supply of the village of Cassadaga.

(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 Cassadaga.

(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 matters 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 sources 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 of the public water supply of the village of Cassadaga. (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 water-tight containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 75 feet of any well of the public water supply of the village of Cassadaga.

(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 Cassadaga, 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 Cassadaga.

(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 Cassadaga.

(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 Cassadaga.

(g) Trespassing. No trespassing shall be allowed upon the property of the village of Cassadaga upon which the wells of the public water supply of the village of Cassadaga are 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 Cassadaga.

(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 well of the public water supply of the village of Cassadaga.

(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 Cassadaga.

(j) Inspections. The board of trustees of the village of Cassadaga or such other board, person or persons as may be charged with the maintenance or supervision of HEALTH 10B the public water supply of the village of Cassadaga 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.

(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 105.3 - Village of Fredonia

105.3 Village of Fredonia.

(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 which serve as sources of the public water supply of the village of Fredonia, Chautauqua County, New York, and to all watercourses tributary thereto or ultimately discharging into said reservoirs.

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

(1) The term water supply means the public water supply of the village of Fredonia.

(2) The term reservoir means any natural or artificially impounded body of water on the west branch of Canadaway Creek and tributaries thereto serving as sources of water supply of the village of Fredonia and shall include any additional reservoir which may be constricted or used for said water supply.

(3) The term watercourse means every spring, pond (other than reservoirs), stream, marsh or channel of any kind on the west branch of Canadaway Creek and tributaries thereto, 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 such 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.

(c) Human excreta. (1) No human excreta shall be deposited, thrown or placed 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 not less than 200 feet from any reservoir or at a distance of not less than 100 feet from any watercourse and covered with 12 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 or receptacle of any kind for the storage or 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, except a properly constructed and operated sewage disposal plant, as hereinafter set forth in paragraph (d) of subdivision (ii), 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 distances above-named can be obtained within the limits of such property.

(5) Every privy or receptacle of any kind for the storage or deposit of human excreta, built or to be built on property which is so located, bounded or otherwise placed that the distances 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 of the board of trustees of the village of Fredonia and in such a manner as effectually to prevent any pollution of the public water supply.

(6) Every privy or receptacle for the storage or deposit of human excreta located within the distances of 100 feet and 200 feet of any reservoir, between 50 feet and 100 feet of any watercourse, shall be arranged so that all excreta will be received in a suitable watertight receptacle, or removable container, which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

(7) Whenever, in the opinion of the State Commissioner of Health, excremental matter from any 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, house slops, sink waste, etc. (1) No sewage shall be discharged or allowed to flow into any reservoir or watercourse nor deposited on or beneath the surface of the ground within 300 feet of any reservoir or within 200 feet of any watercourse except in watertight sewers and sewer appurtenances constructed or installed with the approval and under the supervision of the board of trustees of the village of Fredonia. 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 within 50 feet of any watercourse.

(3) No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or parts thereof of any other matter that pollutes water shall be deposited in any reservoir or watercourse nor on or beneath the surface of the ground within 100 feet of any reservoir nor within 35 feet of any watercourse nor in such manner that it can be washed by rain, melting snow or otherwise over the surface of the ground into any reservoir or watercourse.

(e) Bathing, animals, manure, compost, etc. (1) No person or persons shall bathe or swim or be allowed to bathe or swim in any reservoir.

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

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

(4) 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 located or maintained in such a manner that the drainage, leachings or washings therefrom may pollute any reservoir or watercourse.

(5) No manure pile shall be maintained or allowed to remain within 100 feet of any reservoir nor within 50 feet of any watercourse.

(f) Cemeteries. No interment of a human body shall be made within a distance of 300 feet of any reservoir or within a distance of 150 feet of any watercourse.

(g) General. 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.

(h) Inspections. The board of trustees of the village of Fredonia or such other person or persons as may be charged with the maintenance or supervision of the water supply shall make regular and thorough inspections of the reservoirs, watercourses and watersheds tributary thereto for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of said board of trustees to cause copies of any rules and regulations violated to be served upon the persons violating the same, together with notices of such violation. If such persons served do not immediately comply with the rules and regulations it shall be the further duty of said 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 condition of the watershed 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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Section 105.4 - Village of Westfield

105.4 Village of Westfield.

(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 on Chautauqua Creek and its tributaries which serve as sources of the public water supply of the village of Westfield, Chautauqua County, N. Y. and to all watercourses tributary thereto or ultimately discharging into said reservoirs.

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

(1) The term water supply means the public water supply of the village of Westfield.

(2) The term reservoir means any natural or artificially impounded body of water serving as a source of the water supply of the village of Westfield and to 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 the water supply of the village of Westfield.

(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 such watercourse.

(c) Human excreta. (1) No human excreta shall be deposited, thrown, placed 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 500 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 or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 75 feet of any reservoir or watercourse.

(5) Every privy or receptacle for the storage or deposit of human excreta, located between the distances of 200 feet and 75 feet from any reservoir or watercourse, shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

(6) 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. No sewage shall be discharged or allowed to flow into any reservoir or watercourse nor deposited on or beneath the surface of the ground within 300 feet of any reservoir or watercourse, except into watertight receptacles, the contents of which shall be disposed of as provided by paragraph (3) of subdivision (c). If such watertight receptacles are used, they shall be located not less than 200 feet from any 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.

(e) Wastes, refuse and garbage. (1) 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 200 feet of any reservoir or watercourse.

(2) 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.

(f) Bathing, boating and fishing. (1) No person shall bathe or swim or be allowed to bathe or swim in any reservoir or watercourse.

(2) No boating of any kind or fishing from boats or through the ice or any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir. (g) Places for 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 100 feet of any reservoir or watercourse nor in such a manner as to pollute said reservoir or watercourse.

(i) Camps. No camp, tent, building or other structures 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 reservoir or watercourse tributary to the water supply.

(j) Cemeteries. No interment of a human body shall be made within a distance of 200 feet of any reservoir or watercourse tributary to the water supply.

(k) 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.

(l) Inspections. The board of water commissioners of the village of Westfield or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representatives of the village 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, 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 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.

(m) 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: 
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Section 105.5 - Village of Mayville

105.5 Village of Mayville. (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 wells which comprise the source of the public water supply of the Village of Mayville, Chautauqua County, New York. Said wells are located on land owned by Village of Mayville and are situated approximately near Patterson Street and Morris Street in said village.

(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 the 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, 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 Mayville, Chautauqua County, New York.

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

(2) No human excreta shall be deposited or spread upon or beneath the surface of the ground 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 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 140 feet of the well located at Morris Street and within 240 feet of the well located at Patterson Street.

(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 1--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 Mayville, 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 Mayville.

(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 board of water commissioners, 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 as to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid board of water commissioners, to cause copies of any rules and regulations violated to be served upon persons violating the same together with notices of such violations. If such persons served do not immediately comply with these rules and regulations, it shall be the further duty of the aforesaid board of water commissioners, to promptly notify the State Commissioner of Health of such violations. The aforesaid board of water commissioners 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: 
Wednesday, August 29, 1973
Doc Status: 
Complete

Section 105.6 - Village of Sherman

105.6 Village of Sherman. (a) Application. The rules and regulations hereinafter duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to the wells which comprise the source of public water supply of the Village of Sherman, Chautauqua County, New York. Said wells are located on land owned by the Village of Sherman and are situated in the southwest corner of the village. Well No. 1 is located approximately 250 feet north of French Creek and well No. 2-B is located approximately 540 feet southwest of well No. 1.

(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).

(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, etc.

(5) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the wells.

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

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

(8) 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.

(9) 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.

(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) Toxic chemical shall mean any compound or substance which is or may be poisonous to humans.

(12) Water supply shall mean the public water supply of the Village of Sherman, Chautauqua County, New York.

(13) Well shall mean the wells now used as a source of this public water supply or to any additional wells which may be constructed at these locations as a source for this public 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 Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York (10 NYCRR Part 170).

(d) Specific prohibitions.

(1) Cemeteries. No interment of a human body shall be made within a linear distance of 250 feet.

(2) Chloride salt. No chloride salt storage area shall be located within a linear distance of 500 feet except in weather-proof buildings or water-tight vessels.

(3) Herbicides and pesticides. No pesticides or herbicides shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the wells unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(4) Human excreta and sewage.

(i) 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 a linear distance of 250 feet.

(ii) No human excreta shall be deposited or spread upon or beneath the surface of the ground within a linear distance of 250 feet.

(iii) No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground within a 250-foot linear distance of the wells except in watertight pipes connected to a sewage disposal system or treatment works for which a permit has been granted by the appropriate State agency having jurisdiction over such facility. No such watertight pipe shall be located within a 15-foot linear distance of the wells.

(5) Radioactive material. No radioactive material in excess of the quantity listed of said material in Table 4, Appendix 1, Part 16, Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York (10 NYCRR Part 16) shall be disposed of by burial in soil within a linear distance of 500 feet. (6) Solid waste.

(i) Junkyards. No junkyard shall be located within a linear distance of 250 feet.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of the ground within a linear distance of 250 feet.

(iii) Refuse disposal area. No refuse disposal area shall be located within a linear distance of 500 feet.

(7) Toxic chemical. 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 a linear distance of 500 feet.

(8) Trespassing. No trespassing shall be allowed upon the property of the Village of Sherman upon which the wells are 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 Sherman.

(e) Inspections. The trustees of the Village of Sherman or its duly appointed representative shall make regular and thorough inspections of the area surrounding the wells as to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid 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 trustees to promptly notify the State Commissioner of Health of such violations. The aforesaid 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 wells at the time of the last inspection.

(f) Penalties for violations. Penalties for violations shall be in accordance with section 1103 of the Public Health law.
 

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Section 105.7 - Village of Sinclairville

105.7 Village of Sinclairville. (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 the wells which comprise the source of the public water supply of the Village of Sinclairville.

Said wells are located on land owned by the Village of Sinclairville and are situated approximately 280 feet south of Sinclair Drive and 215 feet west of Bloomer Street.

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

(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 the structure or object to the extension of the centerline of the wells.

(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.

(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 nonputrescible 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) 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.

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

(13) 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.

(14) Treatment works shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, construction 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.

(15) Water supply shall mean the public water supply of the Village of Sinclairville.

(16) Wells shall mean wells now used as a source of this water supply, or any additional wells which may be constructed at this point as a source for this 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 the wells.

(2) Chloride salt. No chloride salt shall be stored within a 200-foot linear distance of the wells except in weatherproof buildings or watertight vessels.

(3) Herbicides and pesticides. No pesticides or herbicides shall be stored, discharged, applied or allowed to remain within a 150-foot linear distance of the wells unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(4) Human excreta and sewage. (i) No privy, privy vault, pit or other receptacle of any kind for either the temporary storage or the permanent deposit of human excreta or sewage shall be constructed, located, placed, maintained or allowed to remain within a 150-foot linear distance of the wells. (ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 150-foot linear distance of the wells.

(iii) No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground within a 150-foot linear distance of the wells, except in watertight pipes connected to a sewage disposal system or treatment works for which a permit has been granted by the appropriate State agency having jurisdiction over such facility. No such watertight pipe shall be located within a 15-foot linear distance of the wells.

(5) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the wells, nor within a 500-foot to a 1000-foot linear distance of the wells unless authorization has been obtained from the appropriate State agency and such burial is in accordance with provisions of Part 16 of this Title.

(6) Solid waste. (i) Junkyards. No junkyard shall be located within a 250-foot linear distance of the wells.

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

(iii) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of the wells.

(7) Toxic 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 a 500-foot linear distance of the wells.

(8) Trespassing. No trespassing shall be allowed upon the property of the Village of Sinclairville upon which the wells are located, and no person or persons shall enter in or upon such property except the person or persons authorized to enter said property by the Village of Sinclairville.

(e) Inspections. The Village of Sinclairville board of trustees, 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 area surrounding the wells to ascertain whether the rules and regulations set forth in this section are being complied with. It shall be the duty of the aforesaid Village of Sinclairville 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 of Sinclairville board of trustees to promptly notify the State Commissioner of Health of such violations. The aforesaid Village of Sinclairville 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 area surrounding the wells 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: 
Tuesday, July 12, 1977
Doc Status: 
Complete

Section 105.8 - Village of Silver Creek

105.8 Village of Silver Creek. (a) Application. The rules and regulations set forth in this section, duly made and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to the Hopper Road Reservoir and the Smith Mills Reservoir and all watercourses tributary thereto or which may ultimately discharge into said Hopper Road and Smith Mills Reservoirs or which may be developed in the future to serve as sources of the water supply to the Village of Silver Creek.

(b) Definitions. (1) Agricultural-associated animal waste shall mean manure obtained from agricultural industries.

(2) Agricultural-associated animal waste area shall mean land used for the deposition of agricultural-associated animal waste on the surface of the ground for fertilization purposes.

(3) Agricultural-associated animal waste storage area shall mean land used for the temporary or permanent deposition of agricultural-associated animal waste where said deposition is not directly for the purposes of fertilization.

(4) 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).

(5) Herbicide shall mean any substance used to destroy or inhibit plant growth.

(6) Human excreta shall mean human feces and urine.

(7) 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.

(8) 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.

(9) Manure shall mean animal feces and urine.

(10) Nonagricultural-associated animal waste shall mean manure obtained from nonagricultural industries.

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

(12) 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, industrial and municipal waste and agricultural- and nonagricultural-associated animal waste.

(13) 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.

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

(15) Refuse shall mean all putrescible and nonputrescible solid wastes, including garbage, manure, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid commercial and industrial wastes.

(16) 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 agricultural-associated animal wastes resulting from the operation of such farm are deposited.

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

(18) 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.

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

(20) Toxic substance shall mean any toxic substance as so defined by subdivision 2 of section 4801 of the Public Health Law.

(21) 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.

(22) Water supply shall mean the public water supply of the Village of Silver Creek.

(23) Watercourse shall mean every spring, stream, marsh or channel of water of any kind which flow or may flow into the Village of Silver Creek's water supply.

(24) Watershed shall mean the entire drainage area contributing water to the Village of Silver Creek's 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) Agricultural-associated animal waste area. No agricultural-associated animal waste area shall be located within a 250-foot linear distance of any reservoir or watercourse. Beyond that distance such area shall be maintained in such manner that surface runoff will not carry agricultural-associated animal waste directly into the reservoir or watercourse.

(2) Agricultural-associated animal waste storage area. No agricultural-associated animal waste storage area shall be located within a 250-foot linear distance of any reservoir or watercourse.

(3) Cemeteries. No interment of a human body shall be made within a 250-foot linear distance of any reservoir or watercourse.

(4) 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.

(5) 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 is obtained from the appropriate State agency having jurisdiction.

(6) 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 50-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.

(ix) When an existing subsurface sewage disposal system fails, the entire system must be inspected and the site thoroughly evaluated in accordance with article IV of the Sanitary Code of the Chautauqua County Health District, prior to modifications or alterations to the existing system.

(7) 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 having jurisdiction and such burial is in accordance with the provisions of Part 16 of this Title. (8) Recreation. (i) Bathing and swimming. No bathing and swimming shall be allowed in any reservoir or watercourse owned by the Village of Silver Creek.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the Village of Silver Creek except by duly authorized employees of the community 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 Village of Silver Creek within a 1,000-foot linear distance of the water supply intakes except by duly authorized employees of the Village of Silver Creek in the performance of their duties of supervision and maintenance of the water supply.

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

(ii) Manure. Manure shall not be field spread within 75 feet of the reservoir or watercourse unless it is plowed underground the same day it is spread.

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

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

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

(11) 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 Village of Silver Creek.

(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 trustees of village, or any other person or persons charged with the maintenance or supervision of the public water supply system shall by its officers or their duly appointed representative make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid trustees of village 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 trustees of village, to promptly notify the State Commissioner of Health of such violations. Further steps to abate the said violations shall be taken in accordance with provisions of section 1102 of the Public Health Law. The aforesaid trustees of village shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations found, the number of notices served, the number of violations abated and the general condition of the watershed at the time of the last inspection.

(f) Penalties for violations. Penalties for violations of these rules and regulations shall be those specified by section 1103 of the Public Health Law.

Effective Date: 
Tuesday, September 30, 1986
Doc Status: 
Complete

Section 105.9 - Village of Forestville, Chautauqua County

Section 105.9 Village of Forestville, Chautauqua County

(a) Application. The rules set forth in this section duly made and adopted in accordance with the provisions of Sections 1100-1107 of the Public Health Law, shall apply to the springs which comprise the sources of public water supply of the Village of Forestville. Said springs are located on land owned by the Village of Forestville and are situated approximately 200 feet off the north side of Shaw Road, one mile from County Road 307, five miles from the Village of Forestville (Hall Springs); 300 feet off the east side of Putnam Road, 0.6 mile from County Road 307, five miles from the Village of Forestville (Henry Springs) and on the east side of Rider Road, one mile from County Road 307, 2 1/2 miles from the Village of Forestville (Bradigan Springs). These rules shall also apply to all watercourses and tributaries thereto or which may be developed in the future to serve as sources of water supply of the Village of Forestville.

(b) Definitions.

(1) Agricultural associated animal waste shall mean manure obtained from agricultural industries.

(2) Chloride salt shall mean the solid compounds or solutions of potassium chloride (commonly used as fertilizer), calcium chloride (commonly used for winter-road maintenance) or sodium chloride (commonly used for water softener regeneration).

(3) Herbicide shall mean any substance used to destroy or inhibit plant growth.

(4) Human excreta shall mean human feces and urine.

(5) Junkyard shall mean an area where two or more unregistered, old or secondhand motor vehicles are being accumulated for purposes of disposal, resale of used parts or reclaiming certain materials such as metal, glass, fabric, and/or the like.

(6) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the springs, (including any part of the radial collectors of the springs), or, to the edge, margin or steep bank forming the ordinary high water line of a watercourse.

(7) Manure shall mean animal feces and urine.

(8) Nonagricultural associated animal waste shall mean manure obtained from nonagricultural industries.

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

(10) Pollutant shall mean dredge, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical waste, biological materials, radioactive materials, heat wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural and nonagricultural associated animal wastes.

(11) Radiation shall mean ionizing radiation, that is, any alpha particle, beta particle, gamma ray, x-ray, neutron, high-speed proton, and any other atomic particle producing ionization, but shall not mean any sound or radio wave, or visible, infrared or ultraviolet light.

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

(13) Refuse shall mean all putrescible and nonputrescible solid wastes including garbage, manure, rubbish, ashes, incinerator residue, street cleaning, dead animals, offal and solid commercial and industrial wastes.

(14) Refuse disposal area shall mean land used for the depositing of refuse except that it shall not include the land used for 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 agricultural associated animal wastes resulting from the operation of such farm are deposited.

(15) Reservoir shall mean any natural or artificial lake or pond which is tributary to or serves as source of the Village of Forestville water supply; and its finished water storage reservoir.

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

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

(18) Springs shall mean springs now used as a source of this water supply or to any additional spring(s) which may be constructed as a source from this water supply.

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

(20) 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.

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

(22) Watercourse shall mean every spring, stream, marsh, or channel of water of any kind which flows or may flow into the Village of Forestville water supply. (23) Watershed shall mean the entire drainage area contributing water to the Village of Forestville 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 Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York (10 NYCRR Part 170).

(d) Specific prohibitions.

(1) Cemeteries. No interment of a human body shall be made within a 250 foot linear distance of any reservoir, watercourse or spring.

(2) Chloride salt. No chloride salt shall be stored within a 500 foot linear distance of any reservoir, watercourse or spring except in weather-proof buildings or water-tight vessels.

(3) Herbicides, pesticides. No pesticides or herbicides shall be stored, discharged, applied or allowed to remain within a 500 foot linear distance of the spring 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 or deposited beneath the surface of the ground within a 250 foot linear distance of the springs.

(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 sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground and 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 500 foot linear distance of any reservoir or watercourse or within a 250 foot linear distance of any spring 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 facility; 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 50 foot linear distance of any reservoir or watercourse or within a 250 foot linear distance of any spring.

(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 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 spring, reservoir or watercourse and not within a 1,000 foot linear distance of any spring, reservoir or watercourse unless authorization has been obtained from the appropriate state agency having jurisdiction and such burial is in accordance with the provisions of Part 16 of Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York (10 NYCRR Part 16). (6) Recreation.

(i) Bathing and swimming. No bathing and swimming shall be allowed in any reservoir or watercourse owned by the Village of Forestville.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the Village of Forestville except by duly authorized employees of the Village of Forestville 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 Village of Forestville within a 1,000 foot linear distance of the water supply intakes except by duly authorized employees of the Village of Forestville 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, watercourse or spring.

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

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

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

(9) Miscellaneous.

(i) Trespassing. No trespassing shall be allowed upon the property of the Village of Forestville upon which the springs are located and no person or persons shall enter in or upon such property except the person or persons authorized to enter said property by the Village of Forestville.

(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, watercourse or spring. 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.

(iii) Gas and oil well drilling. Oil or natural gas wells shall not be drilled on the watershed unless any necessary permit or other authorization has been issued by the appropriate State agency. A copy of the application to obtain such permit or other authorization shall be submitted to the Chautauqua County Health Department at the time the application is submitted to the State agency having authority to authorize drilling of the gas or oil well.

(e) Inspections. The Mayor and Trustees of the Village of Forestville and the Water Superintendent or any person or persons charged with the maintenance of supervision of the public water supply system shall be its officers or their duly appointed representative make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid Mayor, Trustees and Water Superintendent to promptly notify the state Commissioner of Health of such violations. Further steps to abate the said violations shall be in accordance with provisions of statute (see section 1102 of the Public Health Law).

The aforesaid Mayor, Trustees and the Water Superintendent 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 abated and the general condition of the watershed and area surrounding the springs at the time of the last inspection.

(f) Penalties for violations. Penalties for violations of these rules and regulations shall be those specified by law (see section 1103 of the Public Health Law).
 

Effective Date: 
Wednesday, April 11, 1990
Doc Status: 
Complete

Section 105.10 - Town of Carroll

105.10 Town of Carroll. (a) Application. The rules and regulations set forth in this section, duly made and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to the wells which comprise the source of the public water supply of the Town of Carroll. Said wells are located on land owned by the Town of Carroll, as follows:

(1) Wells 1 and 2 are situated on County Road 317 (Falconer-Frewsburg Road), approximately 1.1 miles north of the intersection of Routes 60 and 62 in the Town of Carroll. Well 3 is situated on County Road 317 (Falconer-Frewsburg Road), approximately 1.4 miles north of the intersection of Routes 60 and 62 in the Town of Carroll. Well 4 is situated on Route 60 in the Town of Kiantone, approximately 1.3 miles west of its intersection with Route 62.

(b) Definitions. (1) Agricultural-associated animal waste shall mean manure obtained from agricultural industries.

(2) 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).

(3) Herbicide shall mean any substance used to destroy or inhibit plant growth.

(4) Human excreta shall mean human feces and urine.

(5) Junkyard shall mean an area where two or more unregistered, old or secondhand vehicles are being accumulated for purposes of disposal, resale of used parts or reclaiming certain materials such as metal, glass, fabric and/or the like.

(6) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the extension of the centerline of the wells.

(7) Manure shall mean animal feces and urine.

(8) Nonagricultural-associated animal waste shall mean manure obtained from nonagricultural industries.

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

(10) Pollutant shall mean dredge, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial and municipal waste and agricultural- and nonagricultural-associated animal waste.

(11) Radiation shall mean ionizing radiation, that is, any alpha particle, beta particle, gamma ray, X-ray, neutron, high-speed proton, and any other atomic particle producing ionization, but shall not mean any sound or radio wave, or visible, infrared or ultraviolet light.

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

(13) Refuse shall mean all putrescible and nonputrescible solid wastes, including garbage, manure, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid commercial and industrial wastes.

(14) Refuse disposal area shall mean land used for the depositing of refuse except that it shall not include the land used for 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 agricultural-associated animal wastes resulting from the operation of such farm are deposited.

(15) 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.

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

(17) Toxic substance shall mean any toxic substance as so defined by subdivision 2 of section 4801 of the Public Health Law.

(18) 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.

(19) Water supply shall mean the public water supply of the Town of Carroll.

(20) Wells shall mean any well now used as a source of water supply for the Town of Carroll, or any additional wells which may be constructed or developed in the future as a source for such 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 the wells.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the wells, except in weatherproof buildings or watertight vessels acceptable to the town. (3) Herbicides and pesticides. No pesticides or herbicides shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the wells, unless a permit is obtained from the appropriate State agency having jurisdiction.

(4) Human excreta and sewage. (i) No privy, privy vault, pit or other receptacle for either the temporary storage or the permanent deposit of human excreta or sewage shall be constructed, located, placed, maintained, or allowed to remain with a 250-foot linear distance of the wells.

(ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 250-foot linear distance of the wells.

(iii) No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground within a 250-foot linear distance of the wells, except in watertight pipes connected to a sewage disposal system or treatment works for which a permit has been granted by the appropriate State agency having jurisdiction over such facilities. No such watertight pipe shall be located within a 15-foot linear distance of the wells.

(5) Junkyards. No junkyard shall be located within a 250-foot linear distance of the wells.

(6) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the wells and not within a 500-foot to a 1,000-foot linear distance of the wells unless authorization has been obtained from the appropriate State agency, and such burial is in accordance with provisions of Part 16 of this Title.

(7) Refuse. No refuse shall be deposited on or beneath the surface of the ground within a 250-foot linear distance of the wells.

(8) Refuse disposal area. No refuse disposal area shall be located within a 250-foot linear distance of the wells.

(9) Toxic substances. No container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 500-foot linear distance of the wells, except as otherwise permitted under the provisions of subparagraph (4)(iii) of this subdivision.

(10) Trespassing. No trespassing shall be allowed upon the property of the Town of Carroll upon which the wells are located, and no person or persons shall enter in or upon such property except the person or persons authorized to enter said property by the Town of Carroll.

(11) Other wastes. No pollutant of any kind shall be discharged or deposited upon the property of the Town of Carroll upon which the wells are located, except as otherwise permitted by the provisions of subparagraph (4)(iii) of this subdivision.

(e) Inspections. The Town of Carroll, by its town supervisor or its duly appointed representative, or any person or persons charged with the maintenance or supervision of the public water supply system, shall make regular and thorough inspections of the area surrounding the wells to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid town supervisor 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 town supervisor to promptly notify 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 conditions of the area surrounding the wells at the time of the last inspection.

(f) Penalties for violations. Penalties for violations of these rules and regulations shall be those specified in section 1103 of the Public Health Law.

Effective Date: 
Friday, February 1, 1985
Doc Status: 
Complete

Section 105.11 Reserved

Section 105.12 Reserved

Section 105.13 Reserved

Section 105.14 Reserved

Section 105.15 Reserved

Section 105.16 Reserved

Section 105.17 Reserved

Section 105.18 Reserved

Section 105.19 Reserved

Section 105.20 - Town of Ripley

105.20 Town of Ripley. (a) Application. The rules and regulations herein set forth, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to Belson Creek and all watercourses tributary thereto or which may ultimately discharge into said Belson Creek or which may be developed in the future to serve as sources of the water supply to the Town of Ripley.

(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 nonputrescible 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 Town of Ripley 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 plants, 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 Town of Ripley.

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

(18) Watershed shall mean the entire drainage area contributing water to the Town of Ripley water supply.

(19) Oil or gas well shall mean any well drilled in contemplation of producing oil or gas in any quantity.

(20) Deep well injection or disposal well shall mean any well intended to be used as a place of storage or receptacle for drilling fluids, brine solutions, or any other waste or toxin in any form.

(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, and are among those introduced through normal agricultural practices which are acceptable to the Town of Ripley.

(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 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 50-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 Town of Ripley.

(ii) Boating. No boating or watercraft of any type shall be allowed in or upon the waters of any reservoir or watercourse owned by the Town of Ripley except by duly authorized employees of the community 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 Town of Ripley within a 1,000-foot linear distance of the water supply intakes except by duly authorized employees of the Town of Ripley 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 the 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) Oil or gas or injection wells. No oil or gas well shall be located within a 500-foot linear distance of any reservoir or watercourse. No deep well injections or disposal well shall be located within a 1,000-foot linear distance of any reservoir or watercourse.

(10) 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 Town of Ripley.

(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, and shall not apply to agricultural field drainage tiles.

(e) Inspections. The Superintendent of Public Works, or any other person or persons charged with the maintenance or supervision of the public water supply system shall by its officers or their duly appointed representative make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid Superintendent 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 Superintendent of Public Works to promptly notify the State Commissioner of Health of such violations. The aforesaid Superintendent 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 these rules and regulations shall be those specified by section 1103 of the Public Health Law.

Effective Date: 
Friday, March 11, 1983
Doc Status: 
Complete

Part 106 - Chemung County

Doc Status: 
Complete

Section 106.1 - City of Elmira

Section 106.1 City of Elmira. (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 the natural and artificial reservoirs of Hoffman Creek and all watercourses tributary thereto or ultimately discharging into said reservoirs of the public water supply of the City of Elmira.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to the main storage and impounding reservoir on Hoffman Creek or to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and filter basins), stream, ditch, gutter or other channel of every kind, the waters of which when running, whether continuously or occasionally, eventually flow or may flow into the main storage and impound reservoir on Hoffman Creek.

(3) Wherever a linear distance of a structure or object from the 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 of the high-water mark of the reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies. (1) No privy, privy vault, cesspool or other receptacle of any kind used for either the temporary storage or permanent deposit of human excreta shall be constructed or maintained within 200 feet of any reservoir of the water supply of the City of Elmira or within 50 feet of any watercourse tributary to such reservoir, except a properly constructed and operated sewage disposal plant as hereinafter provided for in paragraph (d)(2) of this section; provided, however, that the property on which the said receptacle is built or to be built is so located or bounded that the distance above named can be obtained within the limits of such property.

(2) Every such receptacle built on property where the distances in paragraph (1) of this subdivision cannot be obtained within the limits of said property shall be placed as far as practicable from the said reservoir or watercourse and be specially constructed of concrete or metal, enclosed in concrete or masonry to form a watertight receptacle from which no outward percolation can take place or be provided with removable watertight vessels or containers. Every such watertight receptacle or container constructed or provided in accordance with this paragraph shall be emptied and disinfected at regular intervals or as often as may be necessary to maintain them in a proper sanitary condition and to prevent any overflow from such receptacles or containers. In the case of properties occupied only during the summer season the said receptacles or containers shall in addition be emptied at the end of the summer season, disinfected with lime and left empty during the winter. The work of emptying and disinfecting these receptacles shall be done under the supervision or in accordance with the directions of the Elmira water board and in such a manner as to effectually prevent any pollution of the water in said reservoir or watercourse.

(3) In effecting the removal of the excreta from the above mentioned watertight receptacles or containers the utmost care shall be exercised that none of the contents be allowed to escape in being transferred to the place of disposal hereinafter specified and the contents shall be thoroughly covered and transferred in a manner to cause the least possible annoyance to the occupants of the premises or of any adjoining premises.

(4) Unless otherwise specifically ordered or permitted in writing by the State Commissioner of Health, the excreta collected in the aforesaid watertight receptacles shall, when removed, be disposed of by burying in trenches or pits at a depth not less than 18 inches below the surface in such place and manner as to effectually prevent the excreta being washed over the surface of the ground by rain or melting snow and at a distance from any reservoir of not less than 300 feet and from any watercourse of not less than 200 feet.

(5) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid 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. (1) No house slops, bath water or sewage from any source, except the effluent from a properly constructed and operated sewage disposal plant as hereinafter provided under paragraph (2) of this subdivision, nor any garbage, putrescible matter, kitchen wastes, refuse or waste from any creamery, cheese factory, cider mill or laundry nor water in which milk cans, utensils, clothing, bedding, carpets or harness have been washed or rinsed nor any polluted matter or liquid of any kind shall be thrown or discharged into any reservoir or watercourse, nor shall any such liquid or solid refuse or waste be allowed to escape, flow or remain upon the surface of the ground or to percolate into or through the ground within a distance of 100 feet of any reservoir or 50 feet of any watercourse.

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

(3) No person shall bathe nor shall any cattle, poultry, swine or other animals be allowed to stand, wade, swim or be washed in the waters of any reservoir or watercourse.

(e) Animals. (1) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 100 feet from any reservoir or 25 feet of any watercourse, and none of the above named objects or sources of pollution shall be constructed, placed or allowed to remain where or in such manner that the drainings, leachings or washings therefrom 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 less distance than 100 feet of the reservoir or 25 feet of any watercourse, provided, however, that in case the ground on which any stable for horses or cattle is built shall be located, bounded or placed that the distances above named cannot be obtained, then the stable shall be located as far as practicable from the reservoir or watercourse and an impervious floor constructed so as to drain to one point from which a watertight pipe line shall lead to a watertight pit or receptacle, the top of which shall in all cases be above the highest known water level of the reservoir or watercourse. All urine from horses and cattle so stabled shall be led to this pit or receptacle and all the manure from this stable shall be received or deposited in a concrete manure pit that shall also be watertight. Both such pits or receptacles shall be regularly emptied and their contents so disposed of on land that no drainage, leachings or washings therefrom shall enter the reservoir or any watercourse without proper purification as indicated above in this same paragraph.

(2) No dead animals, birds, 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 the reservoir or any watercourse of the water supply, 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 the 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 200 feet of the reservoir or 50 feet of any watercourse.

(f) Boating and fishing. No boating of any kind or fishing from boats or through the ice shall be allowed in or upon the water or ice of the reservoir, and no ice cutting or trespassing whatever shall be allowed in or upon the water or ice of the reservoir, except necessary maintenance by the Elmira water board or their duly authorized representatives or employees.

(g) 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 300 feet of the reservoir and 100 feet of any watercourse. (h) Cemeteries. No interment of a human body shall be made within 300 feet of the reservoir and 100 feet of any watercourse.

(i) Inspections. The Elmira water board or such other board, body or person as may be charged with the maintenance of the public water supply shall make or cause to be made regular and thorough inspections of the reservoir, 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 water board 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 Elmira water board to promptly notify the State Commissioner of Health of such violations. The Elmira water board 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.

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

(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

Part 107 - Chenango County

Doc Status: 
Complete

CITIES

Section 107.1 - City of Norwich

CITIES

Section 107.1 City of Norwich. (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 Chenango Lake, all natural and artificial reservoirs on Ransford Creek, all wells and watercourses tributary thereto or which may ultimately discharge into said Chenango Lake and Ransford Creek reservoirs or affect water quality of wells or which may be developed in the future to serve as sources of the public water supply to the City of Norwich.

(b) Definitions of components of the public water supply. (1) Lake shall mean Chenango Lake.

(2) Reservoir shall mean any and all natural or artificial lakes or ponds, except Chenango Lake as defined in paragraph (1) of this subdivision, which are tributary to or serve as a source of the public water supply to the City of Norwich.

(3) Watercourse shall mean every spring, stream, marsh or channel, including portions of Ransford Creek, which flow or may flow into the public water supply to the City of Norwich.

(4) Watershed shall mean the entire drainage area contributing to the public water supply to the City of Norwich.

(5) Well shall mean all wells which are now used as a source of this water supply or any additional wells which may be public water supply to the City of Norwich.

(c) General definitions. (1) Chloride salt shall mean the solid compounds or solutions of potassium chloride (commonly used as fertilizer), calcium chloride (commonly used for winter road maintenance), or sodium chloride (commonly used for water-softener regeneration).

(2) Distances referred to in these rules are linear distances and shall mean the shortest horizontal distance from the nearest point of a structure or object to the high water mark of the lake or reservoir, to the edge, margin, or steep bank forming the ordinary high water mark of a watercourse or to the extension of the centerline of the well. All distances presented are metric; those in parentheses are the approximate English system equivalents.

(3) Herbicide shall mean any substance used to destroy or inhibit plant growth.

(4) Human excreta shall mean human feces and urine.

(5) Junkyard shall mean an area where two or more unregistered, old or secondhand motor vehicles are being accumulated for purposes of disposal, resale of used parts, or reclaiming certain materials such as metal, glass, fabric or the like.

(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 nonputrescible solid wastes including garbage, manure, rubbish, ashes, incinerator residue, street cleanings, cellar dirt, 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 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) 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.

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

(13) 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.

(14) Treatment works shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, construction drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary land fill or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.

(d) 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. (e) Specific prohibitions. (1) Animals. No owner shall allow his animal to enter, graze or remain upon land owned by the City of Norwich in the reservoir, well, and watercourse areas or to stand, wallow, wade, swim or be washed or watered in any reservoir or watercourse.

(2) Cemeteries. No interment of a human body shall be made within 75 meters (246.1 feet) of the lake, any reservoir, well or watercourse.

(3) Chloride salt. No chloride salt shall be stored within 150 meters (492.1 feet) of the lake, any reservoir, well or watercourse except in weatherproof buildings or watertight vessels.

(4) Gutters. No culverts, gutters, pipes or ditches, which are used to divert or collect surface water runoff or to drain the road, shall empty into the lake within 150 meters (492.1 feet) of any water supply intakes.

(5) Herbicides and pesticides. No herbicides or pesticides shall be stored, discharged, or applied on the watershed or allowed to remain within 150 meters (492.1 feet) of any well, or allowed to enter the lake, any reservoir, well, or watercourse unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(6) Human excreta and sewage. (i) No human excreta or sewage shall be deposited or allowed to escape into the lake, 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 unless deposited in trenches or pits at a distance not less than 100 meters (328.1 feet) from the lake, any reservoir, well or watercourse and covered with not less than 30 centimeters (11.8 inches) of soil in such a manner as to effectively prevent its being washed into the lake, any reservoir, well or watercourse by rain or melting snow.

(iv) No privy, 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 30 meters (98.4 feet) of the lake or any watercourse, within 60 meters (196.9 feet) of any reservoir, or within 75 meters (246.1 feet) of any well except:

(a) stored in watertight receptacles;

(b) disposed of in 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; or

(c) treated in a properly designed, constructed, and operated treatment works that has been approved by the appropriate State agency having jurisdiction over such facility. Under no circumstances shall any facility for the deposit, movement, treatment, or storage of human excreta or sewage be within 15 meters (49.2 feet) of the lake or any watercourse or within 30 meters (98.4 feet) of any reservoir or well.

(v) No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground within 75 meters (246.1 feet) of any well; except in watertight pipes connected to a sewage disposal system or treatment works for which a permit has been granted by the appropriate State agency having jurisdiction over such facility. No such watertight pipe shall be located within 10 meters (32.8 feet) of any well.

(vi) No portion of a seepage unit (tile field, seepage pit or equivalent) of a subsurface sewage disposal system shall be constructed, placed or allowed to remain within 30 meters (98.4 feet) of the lake or any watercourse or within 30 meters (98.4 feet) of any reservoir or well.

(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 the lake, any reservoir, well 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, such that the least possible annoyance and inconvenience shall be caused to the occupants of the premises or the adjacent premises. 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 facilities.

(viii) Before any existing sewage disposal system is altered or any new sewage disposal system is constructed on the watershed or within 150 meters (492.1 feet) of any well, the plans in relation thereto shall have been first approved by the appropriate State agency having jurisdiction over such facility. (7) Radioactive material. No radioactive material shall be disposed of by burial in the soil at any point within the watershed, well or water distribution areas.

(8) Recreation. (i) Bathing and swimming. No bathing or swimming shall be allowed in any reservoir or watercourse owned by the City of Norwich.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the City of Norwich.

(iii) Camping. No camp, tent, building or other structure for the occupancy by transients or by laborers 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 90 meters (295.3 feet) of the lake.

(iv) Fishing. No fishing shall be allowed in or upon any reservoir owned by the City of Norwich.

(v) Exception. The preceding subparagraphs (ii), (iii) and (iv) of this paragraph shall not apply to persons duly authorized by the City of Norwich Board of Water Commissioners who are performing their duties of supervision or maintenance of the public water supply to the City of Norwich.

(9) Solid waste. (i) Junkyards. No junkyard shall be located within 75 meters (246.1 feet) of the lake, any reservoir, well or watercourse.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of the ground within 75 meters (246.1 feet) of the lake, any reservoir, well or watercourse.

(iii) Refuse disposal area. No refuse disposal area shall be located within 150 meters (492.1 feet) of the lake, any reservoir, well or watercourse.

(10) Toxic chemicals. No container used for the storage of toxic chemicals shall be buried beneath the surface of the ground within 150 meters (492.1 feet) of the lake, any reservoir, well or watercourse.

(11) Miscellaneous. (i) Trespassing and structures. No trespassing or structures of any kind, except a waterworks structure, shall be permitted upon land owned by the City of Norwich in the reservoir, well and watercourse areas. The foregoing shall not apply to persons duly authorized by the City of Norwich Board of Water Commissioners to enter upon such property.

(ii) Washing and rinsing. Nothing may be washed or rinsed in, and no water from such washing or rinsing shall be allowed to enter the lake, any reservoir, well or watercourse.

(12) Other wastes. No pollutant of any kind shall be discharged or allowed to flow into the lake, any reservoir, well or watercourse, or on or beneath the surface of the ground on the watershed within 150 meters (492.1 feet) of the lake, any reservoir, well or watercourse. This restriction shall not apply to the effluent from a treatment works that has been approved by the appropriate State agency having jurisdiction over such facilities.

(f) Inspections. (1) Access.

(i) The City of Norwich Board of Water Commissioners must be notified during and at the conclusion of the alteration or construction of any sewage disposal system or treatment works on the watershed or within 150 meters (492.1 feet) of any well so that the said Board of Water Commissioners or its duly authorized representatives may inspect such alteration or construction to determine its adequacy and conformance with these regulations.

(ii) Owners of any property within the watershed must, at a reasonable hour, allow the aforesaid Board of Water Commissioners or its duly authorized representatives free access to such property for the inspection of sewage disposal systems or treatment works to ascertain whether such systems or works are in compliance with these regulations.

(2) Authority. The City of Norwich Board of Water Commissioners or any person or persons charged with the maintenance or supervision of the public water supply of the City of Norwich shall by its officers or their duly appointed representatives make regular and thorough inspections of the lake, reservoirs, wells, watercourses, 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 Board of Water Commissioners to cause copies of any rules and regulations violated to be served upon the persons violating the same along with notices of such violations. If such persons do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid Board of Water Commissioners to promptly notify the State Commissioner of Health of such violations.

(3) Reports. The City of Norwich Board of Water Commissioners 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 and the area surrounding the wells at the time of the last inspection. (g) Penalties for violations. Penalties for violations of this section shall be those specified by section 1103 of the Public Health Law, the text of which is set forth as follows:

õ 1103. Violation; penalties.

1. If any rule or regulation promulgated pursuant to section one thousand one hundred of this chapter relates to a temporary source or act of contamination, any person violating such rule or regulation shall be liable to prosecution for misdemeanor for every such violation, and on conviction thereof shall be punished by a fine not exceeding two hundred dollars, or imprisonment not exceeding one year, or both.

2. If any rule or regulation promulgated pursuant to section one thousand one hundred of this chapter relates to a permanent source or act of contamination, the department may impose penalties for the violation thereof or the noncompliance therewith, not exceeding two hundred dollars for every such violation or noncompliance.
 

Doc Status: 
Complete

VILLAGES

Section 107.2 - Village of Bainbridge

VILLAGES

107.2 Village of Bainbridge.

(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 602 of the Laws of 1927, shall apply to Yaleville Creek, to all natural and artificial reservoirs and to all watercourses and drainage areas tributary thereto which serve as sources of the public water supply of the village of Bainbridge, Chenango County, N.Y.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to all impounding and storage reservoirs used for the collection or storage of the flow from the above named creek which are tributary to or which serve as sources of this public water supply or to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than 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 Bainbridge.

(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 other receptacle of any kind, placed or used for either the temporary storage or the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 200 feet of any reservoir or 75 feet of any watercourse tributary to the public water supply of the village of Bainbridge.

(2) No privy, privy vault, pit, cesspool or other receptacle, placed or used for the permanent deposit of human excreta, which is not watertight, shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or 150 feet of any watercourse tributary to the public water supply of the village of Bainbridge.

(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, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjoining premises.

(5) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid watertight receptacles or removable containers permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits and covered with not less than 12 inches of soil in such a manner as effectually to prevent their being washed over the surface of the ground by rain or melting snow and at a distance of not less than 300 feet from any reservoir or 150 feet from any watercourse tributary to the public water supply of the village of Bainbridge.

(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 of 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 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 Bainbridge, nor shall any such liquid or solid matters be thrown, placed, led, conducted, discharged or allowed to escape or flow 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 reservoir or within 150 feet of any watercourse tributary to the public water supply of the village of Bainbridge.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any garage or 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 Bainbridge, 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 below 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 250 feet of any reservoir or 75 feet of any watercourse tributary to the public water supply of the village of Bainbridge.

(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 Bainbridge.

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

(2) No stable for cattle or horses, no barnyard, hogyard, pigpen, poultry house or yard, no hitching place or standing place for horses or other animals and no manure pile or compost heap shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the village of Bainbridge, and none of the above named objects or sources of pollution shall be so constructed, located, placed, maintained or allowed to remain where or in such manner that the drainings, leachings or washings from the same may enter any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the above drainings, leachings or washings have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 300 feet from any reservoir or 50 feet from any watercourse tributary to the public water supply of the village of Bainbridge.

(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 Bainbridge, 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 150 feet of any watercourse tributary to the public water supply of the village of Bainbridge, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet of any reservoir or within 25 feet of any watercourse tributary to the public water supply of the village of Bainbridge.

(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 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 25 feet before entering any watercourse tributary to the public water supply of the village of Bainbridge. (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 Bainbridge, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 300 feet from any reservoir or 150 feet from any watercourse tributary to the public water supply of the village of Bainbridge.

(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 Bainbridge, except by the duly authorized employees of said village of Bainbridge in the performance of their duties of supervision and maintenance of its 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 300 feet of any watercourse tributary to the public water supply of the village of Bainbridge.

(i) Cemeteries. No interment of a human body shall be made within a distance of 400 feet of any reservoir or 200 feet of any watercourse tributary to the public water supply of the village of Bainbridge.

(j) Inspections. The board of water commissioners of the village of Bainbridge or such other board, person or persons who may be charged with the maintenance or supervision of the public water supply of the village of Bainbridge or their 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 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 602 of the Laws of 1927, 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 107.3 - Village of Oxford

107.3 Village of Oxford.

(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 on land owned by the village, and situated in the southwesterly part of the village, just north of the Delaware, Lackawanna and Western Railroad right-of-way and about 50 yards west of Water Street, which forms a source of the public water supply of the village of Oxford, Chenango 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, 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 75 feet of the well of the public water supply of the village of Oxford.

(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 150 feet of the well of the public water supply of the village of Oxford.

(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 receptable 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 the well of the public water supply of the village of Oxford.

(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) or into suitable watertight iron pipes with tight leaded joints, a permit for which has been granted by the State Commissioner of Health) within 150 feet of the well of the public water supply of the village of Oxford. It is provided, however, that no such watertight iron pipe shall be located within 25 feet of any well of the public water supply of the village of Oxford. (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 the well of the public water supply of the village of Oxford.

(e) Animals, manure, compost, etc. (1) No permanent stable or pen for cattle or horses, no barnyard, pigpen or poultry house or yard and no manure pile or compost heap shall be constructed, located, placed, maintained or allowed to remain within 100 feet of the well of the public water supply of the village of Oxford, and no pen for the temporary retention of cattle, horses, pigs or other animals shall be constructed, located, placed, maintained or allowed to remain within 60 feet of the well of the public water supply of the village of Oxford 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 flow over the ground within 60 feet of the well or may enter the well without first having passed through such an extent of soil as to have been properly purified.

(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 Oxford.

(f) Dead animals, offal, industrial wastes. 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 Oxford.

(g) Trespassing. No trespassing shall be allowed upon the property of the village of Oxford upon which the well of the public water supply of the village of Oxford 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 and 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 Oxford.

(h) Inspections. The board of trustees of the village of Oxford 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 Oxford 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 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 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 107.4 - Village of Sherburne

107.4 Village of Sherburne.

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 72 of the Public Health Law, heretofore set forth, shall apply to those portions of the drainage areas of Mad Brook and all other streams which form or are tributary to the sources of water supply of the village of Sherburne, Chenango County, and to the impounding and distributing reservoirs and to all other lakes, ponds and reservoirs whose waters form or are tributary to the sources of water supply of the village of Sherburne.

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

(2) The term watercourse wherever used in this section is intended to mean and refer to any spring, stream, ditch, gutter or other watercourse of any kind, the waters of which, when running whether constantly or occasionally, eventually flow or may flow into the public water supply of the village of Sherburne.

(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, 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 or maintained with its nearest point within 75 feet of any reservoir or watercourse of the public water supply of the village Sherburne.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed or maintained with its nearest point within 150 feet of any reservoir or watercourse of the public water supply of the village of Sherburne.

(3) Every privy, privy vault, pit, cesspool or other receptacle or place used for the temporary storage of human excreta which is constructed, located or maintained within the aforesaid 150 feet, horizontal measurement, of the water line of any reservoir or the edge, margin or precipitous bank of any watercourse of the public water supply of the village of Sherburne, 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.

(4) The excreta collected in the aforesaid receptacles shall be removed and the receptacles thoroughly cleaned and deodorized 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 foundations or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(5) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in the aforesaid receptacles shall, when removed, be disposed of by burying in trenches or by thoroughly digging it into the soil in such place and manner as to effectually prevent them being washed over the surface of the ground by rain or melting snow and at distances not less than 300 feet, horizontal measurement, from the high-water mark of any reservoir or not less than 200 feet from the edge, margin or precipitous bank of any watercourse of the public water supply of the village of Sherburne.

(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 of 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 or the garbage or wastes from any dump may, in the opinion of the State Commissioner of Health, be washed over the surface or through the soil into any reservoir or watercourse, then the said privy or receptacle for excreta or the said 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 waste, etc. (1) No sewage or excremental matter from any water closet, privy or cesspool shall be led, conducted or discharged by any pipe, drain or ditch into any reservoir or watercourse of the public water supply of the village of Sherburne, nor shall any such matters be placed, led, discharged or allowed to escape onto the surface of the ground or into the ground below the surface within 200 feet of any such reservoir or watercourse.

(2) No garbage, putrescible matter, house slops, bath water, kitchen or sink wastes, refuse or waste water from creameries, cheese factories, laundries nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse of the public water supply of the village of Sherburne; nor shall any such liquid or solid refuse or waste be thrown or discharged upon the surface of the ground or into the ground below the surface in any manner whereby the same may flow into any reservoir or watercourses of the public water supply of the village of Sherburne within 100 feet of any such reservoir or within 75 feet of any such watercourse.

(3) No clothing, bedding, carpets, harness, vehicle, receptacle, utensils or anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse of the public water supply of the village of Sherburne.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir or watercourse of the public water supply of the village of Sherburne, nor shall any animals or poultry be allowed to stand, wade or swim in said reservoir or watercourse nor shall be washed therein.

(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 located, placed, maintained or allowed to remain with its nearest point less than 150 feet from any reservoir or 75 feet from any watercourse of the public water supply of the village of Sherburne; and none of the above named objects or sources of pollution shall be so located, placed, maintained or allowed to remain that the drainings, leachings or washings from the same may enter any such reservoir or watercourses 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 drainage, 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 the distance of not less than 150 feet before entering any such reservoir nor less than 75 feet before entering any such watercourse.

(3) No human excrement or compost containing human excrement shall be placed, piled or spread upon the ground or dug or buried in the soil within a distance of 300 feet from any reservoir or 200 feet from any watercourse of the public water supply of the village of Sherburne; and no manure or compost of any kind shall be placed, piled or spread upon the ground within 150 feet of any such reservoir or 75 feet of any such watercourse.

(4) No decayed or fermented fruit or vegetables, cider mill waste, roots, grain or other vegetable refuse of any kind shall be located, placed, 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 of the public water supply of the village of Sherburne 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 drainage, 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 such reservoir or 50 feet before entering any such watercourse.

(f) Dead animals, offal, manufacturing waste, etc. No dead animals, bird, fish or any part thereof or any offal or waste matter of any kind shall be thrown, placed in or allowed to pass into any reservoir or watercourse of the public water supply of the village of Sherburne; 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 not less than 150 feet before entering any such reservoir or 100 feet before entering any such watercourse. (g) Fishing and boating and ice cutting. (1) No fish shall be taken from any reservoir, nor shall any person fish in any reservoir or through ice upon the same nor trespass upon the waters of any reservoir or the ice thereon nor maintain or use any boat or boats thereon, except the officials or duly authorized employees of the public water supply of the village of Sherburne in the exercise of their duties in the management and operation of the reservoirs.

(2) No person or persons shall cut or remove any ice from any of the reservoirs which form or are tributary to the sources of the public water supply of the village of Sherburne.

(h) Cemeteries. No interment of a human body shall be made within 100 feet of any watercourse or within 200 feet of any reservoir of the public water supply of the village of Sherburne.

(i) Inspections. The board of water commissioners of the village of Sherburne, through its superintendent or other duly authorized official, shall maintain systematic and thorough inspections of the reservoirs, streams and of the entire drainage area tributary thereto for the purpose of determining whether the above rules are being complied with. At least three such inspections shall be made each year, preferably about the first of the months of March, July and November, and such others as may be directed by the State Commissioner of Health. A full and detailed report of each such inspection, including a statement of each violation or noncompliance with the rules, shall be submitted in writing to the State Commissioner of Health within 10 days of the completion of such inspection and a duplicate copy of each report shall at the same time be furnished to the board of health of the village of Sherburne.

(j) Penalty. In accordance with section 70 of chapter 661 of the Laws of 1893, as finally amended by chapter 582 of the Laws of 1906, 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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Part 108 - Clinton County

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VILLAGES

Section 108.1 - Village of Keeseville

Section 108.1 Village of Keeseville.

(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 heretofore set forth shall apply to all the natural and artificial reservoirs and to all watercourses tributary thereto or ultimately discharging into any of said reservoirs that form the source or sources of the public water supply of the village of Keeseville, which is located partly in Clinton County and partly in Essex County, N.Y.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to Butternut Pond, the watershed of which lies wholly in Essex County and which serves as a source of public water supply of the village of Keeseville or to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and filter basins), stream, ditch, gutter or other channel of every kind, the waters of which when running, whether continuously or occasionally, eventually flow or may flow into the public water supply of the village of Keeseville.

(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, cesspool or any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 100 feet of any reservoir or within 50 feet of any watercourse tributary to the public water supply of the village of Keeseville.

(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 150 feet of any reservoir or within 75 feet of any watercourse tributary to the public water supply of the village of Keeseville.

(3) Every privy, privy vault, pit or other receptacle or place used for the temporary storage of human excreta which is constructed, located, maintained or allowed to remain between the limiting distances prescribed by paragraph (1) of this subdivision and the limiting distances prescribed by paragraph (2) of this subdivision from which privy or other receptacle the excreta are not at once removed by pump or other satisfactory means through watertight pipes or conduits to some proper place of ultimate disposal, as hereinafter provided, shall be arranged in such a manner that all such excreta shall be received temporarily in suitable vessels or receptacles which shall at all times be maintained in an absolutely watertight condition and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(4) The excreta collected in the aforesaid watertight receptacles permitted under paragraph (3) of his subdivision shall be removed and the receptacles thoroughly cleansed and deodorized as often as may be found necessary to maintain them or the privy or place in which they are kept in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundation or floor of the privy or other place. 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, 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 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 in such place and manner as to effectually prevent their 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 250 feet from any watercourse tributary to the public water supply of the village of Keeseville.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid 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 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 Keeseville, nor shall any such matter 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 Keeseville.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste water 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 or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse within a distance of 100 feet from any reservoir or watercourse tributary to the public water supply of the village of Keeseville.

(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 Keeseville.

(e) Bathing, animals, manure, compost, etc. (1) No person shall bathe nor shall any animal or poultry be allowed to stand, wallow, wade or swim nor be washed in any reservoir of the public water supply of the village of Keeseville. No watering place shall be maintained in such a way as to pollute with muddy leachings or excretal matters any streams tributary to the public water supply of the village of Keeseville.

(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 75 feet from any reservoir or within 25 feet of any watercourse tributary to the public water supply of the village of Keeseville, and none of the above named objects or sources of pollution shall be so constructed, placed or allowed to remain where or in such a manner that the drainings, leachings or washings therefrom 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 75 feet of any reservoir or 25 feet of any watercourse tributary to the public water supply of the village of Keeseville.

(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 Keeseville, nor shall such human excreta or compost or other matter containing human excreta be buried in the soil at a less depth than 18 inches below the surface nor within a distance of 500 feet from any reservoir or within 250 feet of any watercourse tributary to the public water supply of the village of Keeseville, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 300 feet from any reservoir or within 75 feet from any watercourse tributary to the public water supply of the village of Keeseville.

(4) No decayed or fermented fruit or vegetables, cider mill wastes, roots, grain or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in such places that the drainings, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that sufficient purification has been secured unless the above mentioned drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 75 feet before entering any reservoir or 25 feet before entering any watercourse tributary to the public water supply of the village of Keeseville. (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 Keeseville, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or 75 feet of any watercourse tributary to the public water supply of the village of Keeseville.

(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 waters or ice of Butternut Pond within 1000 feet of the intake of the public water supply of the village of Keeseville. All ice cutting on Butternut Pond beyond the above specified distance shall be done in strict compliance with the regulations to be adopted by the board of water commissioners and under the rigid inspection and supervision of such board.

(h) Labor 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 300 feet from any reservoir or 100 feet from any watercourse tributary to the public water supply of the village of Keeseville.

(i) Cemeteries. No interment of a human body shall be made within a distance of 300 feet from any reservoir or watercourse tributary to the public water supply of the village of Keeseville.

(j) Inspections. The board of water commissioners of the village of Keeseville 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.
 

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Section 108.2 - Village of Plattsburgh

108.2 Village of Plattsburgh. (Statutory authority: L. 1893, ch. 661; L. 1899, ch. 251)

(a) Human excreta. (1) No privy or place for the deposit or storage of human excreta shall be constructed, located or maintained within 75 feet, horizontal measurement, from the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse of any kind the water in which when running flows eventually into a reservoir of the public water supply of the village of Plattsburgh, New York.

(2) No privy, vault, pit or cesspool or nontransportable receptacle of any kind for the reception or storage of human excreta shall be constructed, located or maintained within 250 feet, horizontal measurement, from the high-water mark or precipitous bank of any reservoir or within 130 feet, horizontal measurement, from the high-water mark or precipitous bank of any spring, stream, ditch or watercourse, as aforesaid.

(3) Every privy or place for the deposit of human excreta which is constructed, located or maintained between the aforesaid limits of 75 and 250 feet, horizontal measurement, from the high-water mark or precipitous bank of any reservoir or 75 and 130 feet, horizontal measurement, from the high-water mark or precipitous bank of any spring, stream, ditch or watercourse as aforesaid and from which the said excreta is not at once removed automatically by means of suitable watertight pipes or conduits to some proper place of disposal beyond the maximum aforesaid limit shall be arranged in such manner that all said excreta shall be received and temporarily retained in suitable vessels or receptacles, which shall at all times be maintained in an absolute watertight condition and which shall admit of convenient removal to some place of ultimate disposal beyond the said maximum limit.

(4) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleansed and deodorized as often as is necessary to keep the receptacles in proper sanitary condition and to prevent an overflow of the excreta upon the soil or floor of said privy.

(5) The excreta so collected shall be removed so as to cause the least possible nuisance and shall be so disposed of that they cannot be washed either over the surface or through the subsoil into any reservoir, spring, stream, ditch or watercourse of any kind as aforesaid and shall be so placed as not to cause an offensive nuisance.

(6) Whenever it shall be found that owing to the porous character of the soil, the height and flow of surface and subsoil waters, the steepness of the slope or other special conditions of the locality, the excremental matter from any privy, cesspool or other receptacle for human excreta may be washed over the surface or through the subsoil into a reservoir or any spring, stream, ditch or watercourse aforesaid without having been thereby, in the judgment of the State Board of Health, sufficiently purified, then the said privy, cesspool or other receptacle for human excreta shall, after due notice to the owner thereof, be removed to such greater distance from said high-water mark as shall be considered safe and proper by the State Board of Health.

(b) House slops, sink waste, laundry water and other similar sewage. (1) No sewage, house slops, sink wastes, water in which milk cans, clothes or bedding have been washed or rinsed nor any other polluted water or liquid shall be thrown or discharged directly into a reservoir or into any spring, stream, ditch or watercourse aforesaid, nor shall any such aforesaid liquid or solid matter or other polluted liquid be thrown or discharged upon the surface or into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid within 75 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir, spring, ditch, stream or watercourse aforesaid.

(2) No clothing, animals, vehicles nor anything which pollutes water shall be washed, nor shall any person bathe in any reservoir, spring, stream, ditch or watercourse aforesaid, nor shall any cattle, horses, sheep, swine or other animals be allowed to enter, wallow or stand in any reservoir, spring, stream, ditch or watercourse aforesaid.

(c) Garbage and refuse. No garbage or putrescible refuse of any kind shall be thrown or discharged directly into any reservoir, spring, stream, ditch or watercourse aforesaid, nor shall any such substances be placed upon or below the surface of the ground where they may be washed into any reservoir, spring, stream, ditch or watercourse aforesaid within 75 feet of the high-water mark or precipitous bank thereof.

(d) Manures, composts and similar matter. (1) No stable, pigsty, henhouse, stable yard, barnyard, hogyard, duckyard, hitching or standing place for horses or cattle nor any compost or manure heap or other place where animal manure accumulates shall be located or maintained within 100 feet of any reservoir, spring, stream, ditch or watercourse aforesaid. These and also watering places for horses or cattle or other animals must be so arranged that the polluted drainage therefrom shall not flow into any such reservoir, springs, streams, ditches or watercourses without having undergone proper purification. Such drainings shall not be allowed to flow through open or covered drains within 75 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse as aforesaid without having undergone proper purification. (2) No human excreta or compost containing human excreta shall be spread upon the ground within 250 feet of the high-water mark or precipitous bank of a reservoir or within 130 feet of the high-water mark or precipitous bank of any stream, spring, ditch or watercourse aforesaid, and no manures or composts of any kind shall be deposited so as to be washed a less distance than 50 feet over the surface or through the subsoil into any reservoir, spring, stream, ditch or watercourse aforesaid without having undergone proper purification.

(e) Dead animals, vegetable refuse and manufacturing wastes. No dead animal, bird or fish or part thereof nor any filthy or impure matter nor any decayed fruit or vegetable substance nor any waste products, putrescible matter or polluted waters from any slaughterhouse, dairy, creamery, cider mill, sawmill or other manufactory shall be thrown or allowed to run into any reservoir, spring, stream, ditch or watercourse aforesaid, nor shall they be so deposited that any portion thereof or of the polluted drainage therefrom shall be washed on the surface for less than 50 feet through the subsoil into any reservoir, spring, stream, ditch or watercourse aforesaid without having undergone proper purification.

(f) Cemeteries. No interment of a human body shall be made within 1000 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

(g) Penalty. In accordance with section 70 of chapter 661 of the Laws of 1893, as amended by chapter 251 of the Laws of 1899, the penalty for each and every violation or noncompliance with any of the above rules and regulations is hereby fixed and imposed at $200, to be recovered, as provided by law, from every corporation, person or persons guilty of any such violation or noncompliance.
 

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DISTRICTS

Section 108.12 - Peru Water District

DISTRICTS

108.12 Peru Water District.

(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 heretofore set forth shall apply to all natural and artificial reservoirs on Furnace Brook 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 Peru Water District, Clinton County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to all storage and impounding reservoirs on Furnace Brook which are tributary to or which serve as sources of this public water supply or to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoir), stream, ditch, gutter or other 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 Peru Water District.

(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, 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 200 feet of any reservoir or within 75 feet of any watercourse tributary to the public water supply of the Peru Water District.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or within 100 feet of any watercourse tributary to the public water supply of the Peru Water District.

(3) No privy, cesspool, pit or other receptacle of any kind used for the temporary 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 made watertight and 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 nor within 300 feet of any watercourse tributary to the public water supply of the Peru Water District 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 Peru Water District. (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. (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 or flow in any manner either directly or indirectly into any reservoir or any watercourse tributary to the public water supply of the Peru Water District, 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 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 Peru Water District.

(2) 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 200 feet from any reservoir or within 75 feet from any watercourse tributary to the public water supply of the Peru Water District.

(3) 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 Peru Water District.

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

(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 300 feet from any reservoir or within 75 feet of any watercourse tributary to the public water supply of the Peru Water District, 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 drainage, leachings or washing 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 to any reservoir or 25 feet to any watercourse tributary to the public water supply of the Peru Water District, unless special construction, approved or permitted in writing by the State Commissioner of Health, shall be provided in order to prevent pollution of the reservoir or tributary streams from the above named sources of pollution.

(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 Peru Water District, 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 18 inches below the surface nor within a distance of 500 feet from any reservoir nor within 300 feet of any watercourse tributary to the public water supply of Peru Water District, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 200 feet from any reservoir or within 25 feet from any watercourse tributary to the public water supply of the Peru Water District. (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 drainage, 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 25 feet before entering any watercourse tributary to the public water supply of the Peru Water District.

(f) Dead animals, offal, manufacturing wastes. 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 Peru Water District.

(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 waters or ice of the reservoir.

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

(i) Cemeteries. No interment of a human body shall be made within a distance of 500 feet from any reservoir or 100 feet from any watercourse tributary to the public water supply of the Peru Water District.

(j) Inspections. The board of water commissioners of the Peru Water District or such other board, body or person as may be charged with the maintenance of the public water supply shall make or cause to be made 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 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 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.
 

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Section 108.13 - Morrisonville Water District

108.13 Morrisonville water district. (a) Application. The rules and regulations herein set forth, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to Riley Brook and all watercourses tributary thereto or which may ultimately discharge into said Riley Brook or which may be developed in the future to serve as sources of the water supply to the Morrisonville Water District.

(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 nonputrescible 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 Morrisonville Water District 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 land fill, 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 Morrisonville Water District, Town of Schuyler Falls, Clinton County, New York.

(17) Watercourse shall mean every spring, stream, marsh, or channel of water of any kind which flows or may flow into the Morrisonville Water District's water supply.

(18) Watershed shall mean the entire drainage area contributing water to the Morrisonville Water District's 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 1000-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 shall be deposited or allowed to escape into any reservoir or watercourse on the watershed.

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

(iii) No human excreta shall be buried in the soil on the watershed unless deposited in trenches or pits at a linear distance of not less than 1000 feet from any reservoir or watercourse and covered with not less than one foot of soil in such a manner as to effectively 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 shall be constructed, placed, maintained or allowed to remain within a 100-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 1000-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 Morrisonville Water District.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the Morrisonville Water District except by duly authorized employees of the Town of Schuyler Falls 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 Morrisonville Water District within a 1000-foot linear distance of the water supply intakes except by duly authorized employees of the Town of Schuyler Falls 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) Manure. No manure pile shall be maintained or allowed to remain within a 100-foot linear distance of any reservoir or watercourse.

(iii) Refuse disposal area. No refuse disposal area shall be located within a 1000-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 Morrisonville Water District.

(ii) Other wastes. No pollutant of any kind shall be discharged or allowed to flow into any reservoir or watercourse nor on or beneath the surface of ground on the watershed excepting into watertight receptacles or watertight pipes connected to a sewage disposal system approved by the appropriate State agency having jurisdiction over such facility, within a 100-foot linear distance 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 facility.

(e) Inspection. The Town Board of the Town of Schuyler Falls or any person or persons charged with the maintenance or supervision of the public water supply system shall by its officers or their duly appointed representative make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid Town Board or its duly appointed representative 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 Town Board or its duly appointed representative to promptly notify the State Commissioner of Health of such violations. The aforesaid Town Board or its duly appointed representative shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations found, the number of notices served, the number of violations abated and the general condition of the watershed at the time of the last inspection.

(f) Penalties for violations. Penalties for violations of these rules and regulations shall be those specified by section 1103 of the Public Health Law.
 

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Part 109 - Columbia County

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CITIES

Section 109.1 - City of Hudson

CITIES

Section 109.1 City of Hudson. (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 Taghkanic Creek, the Churchtown Reservoir, the Lone Star Quarry Reservoir and their tributaries in the Towns of Taghkanic, Greenport, Claverack, Hillsdale and Copake which now serve or which may be developed in the future to serve as sources of the public water supply of the City of Hudson, Columbia County, New York.

(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 watermark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high watermark 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 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.

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

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

(16) Water supply shall mean the public water supply of the City of Hudson, Columbia 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 facility, and

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

(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 water-tight 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 facility.

(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 facility. Standards for waste treatment works as published from time to time by the appropriate State agency having jurisdiction over such facility 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 on the watershed (excepting into watertight receptacles or watertight pipes connected to a sewage disposal system approved by the appropriate State agency having jurisdiction over such facility) 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 facility.

(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 1 (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, swimming and wading are prohibited in any reservoir or watercourse owned by the City of Hudson.

(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 City of Hudson.

(j) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the City of Hudson except by duly authorized employees of the City of Hudson 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 City of Hudson within 1000 feet of the water supply intakes except by duly authorized employees of the City of Hudson in the performance of their duties of supervision and maintenance of the water supply.

(l) Herbicides, pesticides, and toxic chemical. 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 100 feet of any reservoir or within 50 feet of any 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 commissioner of public works 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 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 this Part, 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 notices served, the number of violations abated and the general conditions of the watershed at the time of the last inspection. (p) Penalty. Penalties for violations shall be in accordance with the provisions of section 1103 of the Public Health Law.
 

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VILLAGES

Section 109.2 - Village of Kinderhook

VILLAGES

109.2 Village of Kinderhook.(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, as heretofore set forth, shall apply to all wells of the public water supply of the village of Kinderhook, Columbia County, New York.

(b) Definition. 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 such well.

(c) Privies adjacent to any well. (1) No privy, privy vault, pit, cesspool or any watertight receptacle of any kind used for the temporary storage of human excreta shall be constructed, placed, maintained or allowed to remain within 150 feet of any well of the public water supply of the village of Kinderhook.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta which is not watertight 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 Kinderhook.

(3) No privy, privy vault, pit, cesspool or other receptacle of any kind used for the temporary storage of human excreta or sewage shall be constructed, located, maintained or allowed to remain between the limiting distance prescribed by paragraph (1) of this subdivision and limiting distance prescribed by paragraph (2) of this subdivision unless said privy, privy vault, pit, cesspool or other receptacle is made watertight and so arranged and equipped that the said excreta or sewage will not overflow and is 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 watertight 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 receptacle or the privy or place in which they are kept in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundation or floor of the privy or other place. 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 or place of temporary storage to the place of final disposal, hereinafter specified, and that the contents while being transferred 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 in writing by the State Commissioner of Health, the excreta collected in the aforesaid removable watertight 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 well of the public water supply of the village of Kinderhook.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from 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 well of the public water supply of the village of Kinderhook, 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, laundry or garage wastes, sewage or other excremental matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, discharged, allowed to escape or remain upon the surface of the ground or to percolate into or through 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 a distance of 300 feet from any well of the public water supply of the village of Kinderhook. (2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any 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 wastes or solid refuse of any kind shall be thrown, discharged, allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface within a distance of 200 feet from any well of the public water supply of the village of Kinderhook.

(e) Animals, manure, compost, etc. (1) 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 from any well of the public water supply of the village of Kinderhook and none of the above named objects or sources of pollution shall be constructed, placed or allowed to remain where or in such manner that the drainings, leachings or washings therefrom may enter the ground water tributary to the public water supply of the village of Kinderhook 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 less distance than 200 feet of any well of the public water supply of the village of Kinderhook.

(2) No human excreta and no compost or other matter containing human excreta shall be placed, piled or spread upon the surface of the ground or be dug or buried in the soil at a less depth than 18 inches below the surface nor within a distance of 500 feet of any well of the public water supply of the village of Kinderhook 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 well of the public water supply of the village of Kinderhook.

(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 maintained or allowed to remain on the surface of the ground or beneath the surface of the ground within 300 feet of any well of the public water supply of the village of Kinderhook.

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

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

(i) Inspections. The board of water commissioners of the village of Kinderhook or such other board as may be charged with the maintenance of the public water supply of the village of Kinderhook or its 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 water commissioners to cause copies of any rules and regulations violated to be served upon the person 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 said 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 area surrounding the wells at the time of the last inspection.

(j) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), the penalty for each and every violation of a 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 109.3 - Village of Philmont

109.3 Village of Philmont.

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with provisions of sections 70, 71, 72 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 695 of the Laws of 1911, and as heretofore set forth, shall apply to Forest Pond and to all water courses entering or ultimately discharging into Forest Pond.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to Forest Pond and to the distributing reservoir of the Philmont water supply system and to any additional reservoirs that may be constructed in connection with the said water supply system.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than Forest Pond or the distributing reservoir), stream, ditch, gutter or other channel of every kind, the waters of which when running, whether continuously or occasionally, eventually flow or may flow into the water supply of the said village of Philmont.

(3) Wherever a linear distance of structure or object from a reservoir or from a watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for the temporary storage of human excreta shall be constructed, placed, maintained or allowed to remain with its nearest point within 100 feet of any reservoir or watercourse of the water supply of the village of Philmont.

(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 with its nearest point within 200 feet of any reservoir or watercourse of the water supply of the village of Philmont.

(3) Every privy, privy vault, pit or other receptacle or place used for the temporary storage of human excreta which is constructed, located, maintained or allowed to remain between the limiting distances of 100 feet and 200 feet as provided by paragraphs (1) and (2) of this subdivision from which privy or other receptable the excreta are not at once removed by pump or other satisfactory means through watertight pipes or conduits to some proper place of ultimate disposal, as hereinafter provided, shall be arranged in such manner that all such excreta shall be received temporarily in suitable vessels or receptacles which shall at all times be maintained in an absolutely watertight condition and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(4) The excreta collected in the aforesaid temporary receptacle permitted under paragraph (3) of this subdivision shall be removed and the receptacles thoroughly cleaned and deodorized as often as may be found necessary to maintain the privy in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundations or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(5) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or by thoroughly digging it into the soil in such place and manner as to effectually prevent their being washed over the surface of the ground by rain or melting snow and at distances not less than 400 feet, horizontal measurement, from the high-water mark of any reservoir or not less than 300 feet from the edge, margin or precipitous bank of any watercourse of said water supply.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height of flow or subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid 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 said 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 or flow in any manner either directly or indirectly into any reservoir or watercourse of the water supply of the village of Philmont, nor shall any such matter be thrown, placed, led, discharged or allowed to escape or flow on to the surface of the ground or into the ground beneath the surface within 300 feet of any such reservoir or watercourse.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste water from any creamery, cheese factory, laundry nor water in which milk cans, utensils, clothing, bedding, carpets or harnesses have been washed, rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse of the water supply of the village of Philmont, nor shall any such liquid or solid refuse or waste be thrown, discharged or allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse of the water supply of the village of Philmont within 100 feet of any such reservoir or within 75 feet of any such watercourse.

(3) No clothing, bedding, carpets, harness, vehicle, receptacle, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse of the water supply of the village of Philmont.

(e) Bathing animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir or watercourse of the water supply of the village of Philmont, nor shall any animals or poultry be allowed to stand, wallow, wade or swim in said reservoir or watercourse nor be washed therein.

(2) No stable for cattle or horses, barnyard, hogpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 150 feet from any reservoir or 75 feet from any watercourse of the water supply of the village of Philmont; 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 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 drainage, 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 before entering any such reservoir nor less than 75 feet before entering any such watercourse.

(3) No human excreta, compost or other matter containing the same shall be thrown, placed or allowed to escape into any reservoir or watercourse nor to be placed, piled or spread upon the ground or dug or buried in the soil within a distance of 400 feet from any reservoir or 300 feet from any watercourse of the water supply of the village of Philmont; and no manure or compost of any kind shall be placed, piled or spread upon the ground within 150 feet of any such reservoir or 75 feet of any such watercourse.

(4) No decayed or fermented fruit or vegetables, cider mill waste, 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, maintained, piled 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 of the water supply of the village of Philmont 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 drainage, 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 such reservoir or 50 feet before entering any such watercourse.

(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 of the water supply of the village of Philmont; 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 not less than 150 feet before entering any such reservoir or 100 feet before entering any such watercourse. (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 Forest Pond within 500 feet of the water supply intake of the village of Philmont, except that boating, fishing or ice cutting may be allowed on other parts of Forest Pond upon written permit issued by the board of trustees and in direct compliance with conditions of the permit issued by such board for the protection from contamination of said supply. Notices relative to the foregoing restriction shall be posted conspicuously by the village of Philmont.

(h) Temporary housing. 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 500 feet of any reservoir or watercourse of the water supply of the village of Philmont.

(i) Cemeteries. No interment of a human body shall be made within 100 feet of any watercourse or within 200 feet of any reservoir of the public water supply of the village of Philmont.

(j) Inspection. The board of water commissioners of the village of Philmont 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 or regulations, it shall be the further duty of the board of water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners shall report in writing annually, on the first of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

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

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Part 110 - Cortland County

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Section 110.1 - City of Cortland

Section 110.1 City of Cortland.

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71, 72 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 695 of the Laws of 1911, and as heretofore set forth shall apply to Otter Creek and to all watercourses entering or ultimately discharging into said stream above the springs in the city of Cortland, said springs being the source of water supply of the city of Cortland.

(b) Definition of terms. (1) The term reservoir wherever used in this section is intended to mean and refer to the impounding reservoirs and distributing reservoirs on Otter Creek and to any additional reservoirs which may be constructed on Otter Creek or any of its tributaries.

(2) The term watercourses wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and filter basins), stream, ditch, gutter or other channel of every kind, the waters of which when running, whether continuously or occasionally, eventually flow or may flow into the water supply of the said city of Cortland.

(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, 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 75 feet of any reservoir or watercourse of the water supply of the city of Cortland nor within the area bounded and described as follows: beginning at a point in the center of Townley Avenue in the city of Cortland in line with the southerly boundary of the properties of J. M. Samson and Susan N. Milne, situated west of Townley Avenue, thence running southwest a distance of 380 feet along the center line of Townley Avenue to a point in said avenue east of the north east corner of the lower reservoir of the city waterworks, thence south 84 d. 44' east a distance of 304 feet; thence south 3 d. 29' west a distance of 877.2 feet; thence north 86 d. 31' west a distance of 489.8 feet to a point in center line of Townley Avenue; thence southwesterly along center line of Townley Avenue, a distance of 660 feet to a point on the center line of said Townley Avenue; thence north 85 d. 50' west a distance of 401 feet; thence south 87 d. 00' west a distance of 1031.4 feet; thence south 5 d. 24' west a distance of 514.9 feet; thence south 82 d. 23' west a distance of 2065.1 feet; thence north 5 d. 31' east a distance of 439.9 feet; thence north 73 d. 38' west across highway a distance of 1238.5 feet; thence south 1 d. 02' west a distance of 633.1 feet; thence north 83 d. 30' west across Otter Creek a distance of 410.65 feet; thence north 5 d. 23' east a distance of 838.8 feet; thence north 78 d. 01' east a distance of 1105.7 feet to a point on center line of highway; thence south 84 d. 10' east a distance of 1142.9 feet; thence north 4 d. 59' east a distance of 421.7 feet; thence south 84 d. 44' east a distance of 596.4 feet; thence north 41 d. 31' east a distance of 1,854 feet; thence south 84 d. 44' east a distance of 1220 feet to the place of beginning.

(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 with its nearest point within 150 feet of any reservoir or watercourse of the water supply of the city of Cortland nor within the area bounded and described in paragraph (1) of this subdivision.

(3) Every privy, privy vault, pit or other receptacle or place used for the temporary storage of human excreta which is constructed, located, maintained or allowed to remain between the limiting distance of 75 feet and 150 feet as provided by paragraphs (1) and (2) of this subdivision from which privy or other receptacle the excreta are not at once removed by pump or other satisfactory means through watertight pipes or conduits to some proper place of ultimate disposal, as hereinafter provided, shall be arranged in such manner that all such excreta shall be received temporarily in suitable vessels or receptacles which shall be at all times maintained in an absolutely watertight condition and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(4) The excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision shall he removed and the receptacles thoroughly cleaned and deodorized as often as may be found necessary to maintain the privy in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundations or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises. (5) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or by thoroughly digging it into the soil in such place and manner as to effectually prevent their being washed over the surface of the ground by rain or melting snow and at distances not less than 300 feet horizontal measurement, from the high-water mark of any reservoir or not less than 200 feet from the edge, margin or precipitous bank of any watercourse of said water supply, nor shall any such excreta be disposed of within the area bounded and described in paragraph (1) of this subdivision.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height of flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid 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 said 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 waste, etc. (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 city of Cortland, 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 below the surface within 300 feet of any such reservoir or watercourse nor within the area bounded and described in paragraph (1) of subdivision (c).

(2) No garbage, putrescible matter, kitchen or sink waste, refuse or waste water from any creamery, cheese factory, laundry nor water in which milk cans, utensils, clothing, bedding, carpets or harnesses have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse of the water supply of the city of Cortland; nor shall any such liquid or solid refuse or waste be thrown, discharged or allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse of the water supply of the city of Cortland within 100 feet of any such reservoir or within 75 feet of any such watercourse nor within the area bounded and described in paragraph (1) of subdivision (c).

(3) No clothing, bedding, carpets, harness, vehicle, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse of the water supply of the city of Cortland.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir or watercourse of the water supply of the city of Cortland, nor shall any animals or poultry be allowed to stand, wallow, wade or swim in said reservoir or watercourse nor be washed therein.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 150 feet from any reservoir or 75 feet from any watercourse of the water supply of the City of Cortland nor within the area bounded and described in paragraph (c)(1) of this section; 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 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 the distance of not less than 150 feet before entering any such reservoir nor less than 75 feet before entering any such watercourse.

(3) No human excreta or compost containing human excrement shall be thrown, placed or allowed to escape into any reservoir or watercourse nor be placed, piled or spread upon the ground or dug or buried in the soil within a distance of 300 feet from any reservoir or 200 feet from any watercourse of the water supply of the City of Cortland; nor within the area bounded and described in paragraph (c)(1) of this section; and no manure or compost of any kind shall be placed, piled or spread upon the ground within 150 feet of any such reservoir or 75 feet of any such watercourse nor within the area bounded and described in paragraph (c)(1) of this section. (4) No decayed or fermented fruit or vegetable, 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 onto the area bounded and described in paragraph (c)(1) of this section, 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 of the water supply of the City of Cortland without first having been 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 drainage, 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 such reservoir or 50 feet before entering any such watercourse.

(f) Dead animals, offal, manufacturing waste, 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 of the water supply of the City of Cortland nor onto the area bounded and described in paragraph (c)(1) of this section; 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 not less than 150 feet before entering any such reservoir and of not less than 100 feet before entering any such watercourse.

(g) Fishing, boating and ice cutting. (1) 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 City of Cortland 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 which form or are tributary to the sources of public water supply furnished by the City of Cortland.

(2) 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 500 feet of any reservoir or watercourse of the water supply of the City of Cortland nor within the area bounded and described in paragraph (c)(1) of this section.

(h) Inspection. The City of Cortland, through its superintendent of waterworks, 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 superintendent of waterworks 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 superintendent of waterworks to promptly notify the State Commissioner of Health of such violations. The superintendent of waterworks 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.

(i) 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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Part 111 - Delaware County

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VILLAGES

Section 111.1 - Village of Delhi

VILLAGES

Section 111.1 Village of Delhi. (a) Application. The rules and regulations set forth in this section, duly made and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to the wells which comprise the source of the public water supply of the Village of Delhi. Said wells are located on land owned by the village of Delhi and are situated approximately 225 feet southerly of New York State Route 10 in and around the Village of Delhi pump house and garage.

(b) Definitions. (1) Agricultural-associated animal waste shall mean manure from agricultural industries.

(2) Chloride salt shall mean the solid compounds or solutions of potassium chloride (commonly used as fertilizer), calcium chloride (commonly used for winter road maintenance), or sodium chloride (commonly used for water-softener regeneration).

(3) Herbicide shall mean any substance used to destroy or inhibit plant growth.

(4) Human excreta shall mean human feces and urine.

(5) Junkyard shall mean an area where two or more unregistered, old or secondhand motor vehicles are being accumulated for purposes of disposal, resale of used parts, or reclaiming certain materials such as metal, glass, fabric and/or the like.

(6) Linear distance shall mean the shortest horizontal distance from the nearest point of the structure or object to the extension of the centerline of the wells.

(7) Manure shall mean animal feces and urine.

(8) Nonagricultural-associated animal waste shall mean manure obtained from nonagricultural industries.

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

(10) Pollutant shall mean dredge, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial and municipal waste, and agricultural- and nonagricultural-associated animal waste.

(11) Radiation shall mean ionizing radiation, that is, any alpha particle, beta particle, gamma ray, X-ray, neutron, high-speed proton, and any other atomic particle producing ionization, but shall not mean any sound or radio wave, or visible, infrared or ultraviolet light.

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

(13) Refuse shall mean all putrescible and nonputrescible solid wastes, including garbage, manure, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid commercial and industrial wastes.

(14) Refuse disposal area shall mean land used for the depositing of refuse, except that is shall not include the land used for depositing of refuse from a single family, a member of which is the owner, occupant or lessee of said land, or any part of a farm on which only agricultural-associated animal wastes resulting from the operation of such farm are deposited.

(15) 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.

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

(17) Toxic substance shall mean any toxic substance as so defined by subdivision 2 of section 4801 of the Public Health Law.

(18) Treatment works shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, construction 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.

(19) Water supply shall mean the public water supply of the Village of Delhi.

(20) Wells shall mean any well now used as a source of water supply for the Village of Delhi, or any additional wells which may be constructed or developed in the future as a source for such 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 500-foot linear distance of the wells.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the wells, except in weatherproof buildings or watertight vessels acceptable to the village.

(3) Herbicides and pesticides. No pesticides or herbicides shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the wells, unless: (i) a permit is obtained from the appropriate State agency having jurisdiction; or

(ii) if there are no permit requirements, then storage only may be permitted in a facility acceptable to the Village of Delhi which shall provide containment in the event of damage to the storage containers.

(4) Human excreta and sewage. (i) No privy, privy vault, pit or other receptacle of any kind for either the temporary storage or the permanent deposit of human excreta or sewage shall be constructed, located, placed, maintained or allowed to remain within a 500-foot linear distance of the wells.

(ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 500-foot linear distance of the wells.

(iii) No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground within a 500-foot linear distance of the wells, except in watertight pipes connected to a sewage disposal system or treatment works for which a permit has been granted by the appropriate State agency having jurisdiction over such facility. No such watertight pipe shall be located within a 15-foot linear distance of the wells.

(5) Junkyards. No junkyards shall be located within a 500-foot linear distance of the wells.

(6) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 1,000-foot linear distance of the wells.

(7) Refuse. No refuse shall be deposited on or beneath the surface of ground within a 500-foot linear distance of the wells.

(8) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of the wells.

(9) Toxic substances. No container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 500-foot linear distance of the wells, except as otherwise permitted under the provisions of subparagraph (4)(iii) of this subdivision.

(10) Trespassing. No trespassing shall be allowed upon the property of the Village of Delhi upon which the wells are located, and no person or persons shall enter in or upon such property except the person or persons authorized to enter said property by the Village of Delhi.

(11) Other wastes. No pollutant of any kind shall be discharged or deposited upon the property of the Village of Delhi upon which the wells are located, except as otherwise permitted by the provisions of subparagraph (4)(iii) of this subdivision.

(e) Inspections. The Village of Delhi, by its trustees and its duly appointed representatives, or any person or persons charged with the maintenance or supervision of the public water supply system, shall make regular and thorough inspections of the area surrounding the wells to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid trustees of the Village of Delhi 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 trustees of the Village of Delhi to promptly notify the State Commissioner of Health of such violations. The aforesaid trustees of the Village of Delhi shall report to the State HEALTH 10B 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 area surrounding the wells at the time of the last inspection.

(f) Penalties for violations. Penalties for violations of these rules and regulations shall be those specified by section 1103 of the Public Health Law.
 

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Section 111.2 - Village of Fleischmanns

111.2 Village of Fleischmanns, Delaware County. (a) Application. The rules and regulations set forth in this section and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to the wells and springs which comprise the source of the public water supply of the Village of Fleischmanns, Delaware County. Said wells and springs are located on land and rights-of-way owned by the Village of Fleischmanns, and are situated as follows:

(1) Well No. 1--southeasterly corner of the Village of Fleischmanns, southerly of Emory Brook.

(2) Well No. 2--southeast corner of village, northerly of Emory Brook.

(3) Well No. 3--adjacent to the village ballpark.

(4) Well No. 4--northeasterly corner of the village reservoir lot in the Town of Middletown, southerly of New York State Route 28.

(5) Well Nos. 5 and 6--southwesterly corner of village, easterly of Depot Street.

(6) Springs--all springs are located along the southern edge of the village reservoir property and also along the Penn Central Railroad right-of-way between New York State Route 28 and Green Hill Road, all in the Town of Middletown.

(b) Definitions. (1) Agricultural associated animal waste shall mean manure obtained from agricultural industries.

(2) Chloride salt shall mean the solid compounds or solutions of potassium chloride (commonly used as fertilizer), calcium chloride (commonly used for winter road maintenance) or sodium chloride (commonly used for water softener regeneration).

(3) Herbicide shall mean any substance used to destroy or inhibit plant growth.

(4) Human excreta shall mean human feces and urine.

(5) Junkyard shall mean an area where two or more unregistered, old or secondhand motor vehicles are being accumulated for purposes of disposal, resale of used parts or reclaiming certain materials such as metal, glass, fabric and/or the like.

(6) Linear distance shall mean the shortest horizontal distance from the nearest point of the structure or object to the nearest well or spring.

(7) Manure shall mean animal feces or urine.

(8) Nonagricultural associated animal waste shall mean manure obtained from nonagricultural industries.

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

(10) Pollutant shall mean dredge, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial and municipal wastes and agricultural and nonagricultural associated animal wastes.

(11) Radiation shall mean ionizing radiation, that is, any alpha particle, beta particle, gamma ray, X-ray, neutron, high-speed proton, but shall not mean any sound or radio wave, or visible, infrared or ultraviolet light.

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

(13) Refuse shall mean all putrescible and nonputrescible solid wastes, including garbage, manure, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid commercial or industrial wastes.

(14) Refuse disposal area shall mean land used for the depositing of refuse, except that it shall not include the land used for 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 agricultural associated animal wastes resulting from the operation of such farm are deposited.

(15) 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.

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

(17) Toxic substance shall mean any toxic substance as so defined by subdivision 2 of section 4801 of the Public Health Law.

(18) 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 landfills, or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.

(19) Water supply shall mean the public water supply of the Village of Fleischmanns.

(20) Wells or springs shall mean any well or spring now used as a source of water supply for the Village of Fleischmanns or any additional well or spring which may be constructed as a source for such 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) Agricultural waste. No manure or offal shall be deposited or spread upon or beneath the surface of the ground within a 150-foot linear distance of the wells or springs.

(2) Cemeteries. No interment of a human body shall be made within a 250-foot linear distance of the wells or springs.

(3) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the wells or springs, except in weatherproof buildings or watertight vessels.

(4) Herbicides and pesticides. No herbicides or pesticides shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the wells, or springs unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(5) Human excreta and sewage. (i) No privy, privy vault, pit or other receptacle for either temporary storage or the permanent deposit of human excreta or sewage shall be constructed, located, placed, maintained or allowed to remain within a 150-foot linear distance of the wells or springs.

(ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 150-foot linear distance of the wells or springs.

(iii) No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground within a 150-foot linear distance of the wells or springs; except in watertight pipes connected to a sewage disposal system or treatment works for which a permit has been granted by the appropriate State agency having jurisdiction over such facility. No such watertight pipe shall be located within a 15-foot linear distance of the wells or springs.

(6) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the wells or springs, and not within a 500-foot to 1,000-foot linear distance of the wells or springs unless authorization has been obtained from the appropriate State agency having jurisdiction and such burial is in accordance with the provisions of Part 16 of this Title.

(7) Solid waste. (i) Junkyards. No junkyard shall be located within a 250-foot linear distance of the wells and springs.

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

(iii) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of the wells or springs.

(8) Toxic chemicals. No container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 500-foot linear distance of the wells or springs, except as may otherwise be permitted under the provisions of this subdivision.

(9) Trespassing. No trespassing shall be allowed upon the property of the Village of Fleischmanns upon which the wells or springs are located and no person or persons shall enter in or upon such property, except the person or persons authorized to enter said property by the Village of Fleischmanns.

(e) Inspections. The trustees of the Village of Fleischmanns or any person or persons charged with the maintenance or supervision of the public water supply system shall, by duly appointed village officers or representatives, make regular and thorough inspections of the area surrounding the wells or springs to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid trustees of the Village of Fleischmanns 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 trustees of the Village of Fleischmanns to promptly notify the State Commissioner of Health of such violations. The aforesaid trustees of the Village of Fleischmanns 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 area surrounding the wells and springs 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.
 

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Section 111.3 - Village of Walton

111.3 Village of Walton. (a) Privies adjacent to reservoirs, springs or watercourses.

(1) No privy or place for the deposit or storage of human excreta shall be constructed, located or maintained within 25 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse which when running flows eventually into a reservoir of the Walton water supply.

(2) No privy vault, pit or cesspool or nontransportable receptacle of any kind for the reception or storage of human excreta shall be constructed, located or maintained within 150 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse as aforesaid.

(3) Every privy or place for the deposit of human excreta, which is constructed, located or maintained between the aforesaid limits of 25 and 150 feet, horizontal measurement, from the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse as aforesaid, and from which the said excrement is not at once removed automatically by means of suitable watertight pipes or conduits to some place of disposal beyond the said maximum limits, shall be arranged in such manner that all such excreta shall be received and temporarily retained in suitable vessels or receptacles, which shall at all times be maintained in an absolutely watertight condition and which shall admit of convenient removal to some place of ultimate disposal beyond the said maximum limits.

(4) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleansed and deodorized as often as is necessary to keep the receptacles in proper sanitary condition and to prevent an overflow of the excreta upon the soil or floor of the privy.

(5) The excreta so collected shall be removed so as to cause the least nuisance possible and shall be so disposed of that they cannot be washed either over the surface or through the subsoil into any reservoir, spring, stream, ditch or watercourse of any kind as aforesaid and shall be so placed as not to cause an offensive nuisance.

(6) Whenever it shall be found that, owing to the porous character of the soil, the height and flow of the surface or subsoil waters, the steepness of the slopes or other special conditions of the locality, the excremental matter from any privy, cesspool or other receptable for human excreta may be washed over the surface or through the subsoil into a reservoir or into any spring, stream, ditch or watercourse aforesaid without having been thereby, in the opinion of the State Department of Health, sufficiently purified, then the said privy, cesspool or other receptacle shall, after due notice to the owner thereof, be removed to such greater distance from said high-water mark as shall be considered safe and proper by the Department of Health.

(b) House slops, sink waste, laundry water and other similar sewage. (1) No sewage, house slops, sink waste, water in which milk cans, clothes or bedding have been washed or rinsed nor any other polluted water or liquid shall be thrown or discharged directly into a reservoir or into any spring, stream, ditch or watercourse aforesaid, nor shall any such aforesaid liquid or solid matter or other polluted liquid be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, spring, stream, ditch or watercourse aforesaid; nor shall any such polluted liquid be discharged into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid without percolating through earth for a distance of at least 50 feet, horizontal measurement.

(2) No clothing, animals, vehicles nor anything which pollutes water shall be washed, nor shall any person bathe in any reservoir, spring, stream, ditch or watercourse aforesaid.

(3) No garbage or putrescible refuse of any kind be thrown or discharged directly into any reservoir, spring, stream, ditch or watercourse aforesaid nor shall any such substances be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, spring, stream, ditch or watercourse aforesaid, nor shall any such polluted matter be thrown, buried or discharged into the ground below the surface in any manner whereby the same or any washings from the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid without flowing through the earth for a distance of at least 50 feet, horizontal measurement, to the high-water mark or precipitous bank of any reservoir or of any spring, stream, ditch or watercourse flowing into any reservoir of the water supply of the Village of Walton, N.Y.

(c) Manure, composts and similar matter. (1) No stable, pigsty, henhouse, barnyard, hog or duck yard, hitching or standing place for cattle or horses or other place where animal manure accumulates and no compost or manure heap shall be located or maintained within 125 feet of, nor shall they or any watering place for horses, cattle or other animals be so arranged that the polluted drainings therefrom shall be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, spring, stream, ditch or watercourse aforesaid; nor shall any such polluted liquid be discharged into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid without percolating through earth for a distance of at least 50 feet, horizontal measurement, nor flow into or through covered drains within 50 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid. (2) No human excreta nor compost containing human excreta shall be spread upon the ground within 250 feet of the high-water mark or precipitous bank of a reservoir, spring, stream, ditch or watercourse aforesaid, and no manures or composts of any kind shall be deposited so that they may be washed a less distance than 250 feet over the surface of the ground or 50 feet through the subsoil into any reservoir, spring, stream, ditch or watercourse aforesaid without having undergone purification.

(d) Dead animals, vegetable refuse and manufacturing wastes. No dead animal, bird, fish nor any part thereof nor any filthy or impure matter nor any decayed fruit or vegetable substance nor any waste products, putrescible matter or polluted waters from any slaughterhouse, dairy, creamery, cider mill or other manufactory shall be thrown or allowed to run directly into any reservoir, spring, stream, ditch or watercourse aforesaid, nor shall they be so deposited that any portion thereof or of the polluted drainage therefrom shall be washed on the surface less than 250 feet or through the subsoil less than 50 feet into any reservoir, spring, stream, ditch or watercourse aforesaid without having undergone proper purification.

(e) Cemeteries. No interment of a human body shall be made within 500 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

(f) Penalty. In accordance with section 70 of chapter 661 of the Laws of 1893, as finally amended by chapter 582 of the Laws of 1906, 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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DISTRICTS

Section 111.11 - Bloomville Water District, Town of Kortwright

DISTRICTS

111.11 Bloomville Water District, Town of Kortwright. (a) Application. The rules and regulations set forth in this section, duly made and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to the wells which comprise the source of the public water supply of the Bloomville Water District. Said springs are located on land utilized but not necessarily owned by the Bloomville Water District and are situated between Delaware County Road 33 and Bloomville Hill Road in the Town of Kortwright. Said well is located along Bloomville Hill Road approximately 200 feet north of Gregory Hill Road in the Town of Kortwright.

(b) Definitions. (1) Agricultural-associated animal waste shall mean manure from agricultural industries.

(2) Chloride salt shall mean the solid compounds or solutions of potassium chloride (commonly used as fertilizer), calcium chloride (commonly used for winter road maintenance), or sodium chloride (commonly used for water-softener regeneration).

(3) Herbicide shall mean any substance used to destroy or inhibit plant growth.

(4) Human excreta shall mean human feces and urine.

(5) Junkyard shall mean an area where two or more unregistered, old or secondhand vehicles are being accumulated for purposes of disposal, resale of used parts, or reclaiming certain materials such as metal, glass, fabric and/or the like.

(6) Linear distance shall mean the shortest horizontal distance from the nearest point of the structure or object to the extension of the centerline of the well or springs.

(7) Manure shall mean animal feces and urine.

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

(9) 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.

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

(11) Refuse shall mean all putrescible and nonputrescible solid wastes, including garbage, manure, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid commercial and industrial wastes.

(12) 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 agricultural-associated animal wastes resulting from the operation of such farm are deposited.

(13) 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.

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

(15) Toxic substance shall mean any toxic substance as so defined by subdivision 2 of section 4801 of the Public Health Law.

(16) 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.

(17) Water supply shall mean the public water supply of the Bloomville Water District.

(18) Well or springs shall mean the well and springs now used as a source of this water supply or any additional well or spring which may be constructed at these locations as a source for this 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, or which may otherwise result in a significant deleterious effect on the water quality of the well or springs.

(d) Specific prohibitions. (1) Cemeteries. No interment of a human body shall be made within a 250-foot linear distance of the well or springs.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the well or springs except in weatherproof buildings or watertight vessels.

(3) Herbicides and pesticides. No pesticides or herbicides shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the well and 220-foot linear distance of the springs. Pesticides and herbicides shall not be applied in the area beyond a 220-foot linear distance of the springs but within a 500-foot linear distance of the springs unless such application is first approved by the Town of Kortwright for such use. (4) Human excreta and sewage. (i) No privy, privy vault, pit or other receptacle of any kind for either the temporary storage or the permanent deposit of human excreta or sewage shall be constructed, located, placed, maintained or allowed to remain within a 250-foot linear distance of the well or springs.

(ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 250-foot linear distance of the well or springs.

(iii) No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground within a 250-foot linear distance of the well or springs, except in watertight pipes connected to a sewage disposal system or treatment works for which a permit has been granted by the appropriate State agency having jurisdiction over such facility. No such watertight pipes shall be located within a 15-foot linear distance of the well or springs.

(5) Junkyards. No junkyard shall be located within a 250-foot linear distance of the well or springs.

(6) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the well or springs and not within a 500-foot to 1,000-foot linear distance of the well or springs unless authorization has been obtained from the appropriate State agency and such burial is in accordance with Part 16 of this Title.

(7) Refuse. No refuse, including manure, shall be deposited on or beneath the surface of ground within a 220-foot linear distance of the well or springs.

(8) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of the well or springs.

(9) Toxic substances. No container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 500-foot linear distance of the well or springs, except as otherwise permitted under the provisions of subparagraph (4)(iii) of this subdivision.

(10) Trespassing. No trespassing shall be allowed upon the property of the Bloomville Water District upon which the well and springs are located, and no person or persons shall enter in or upon such property except the person or persons authorized to enter said property by the Kortwright Town Board.

(e) Inspections. The Kortwright Town Board 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 representatives, make regular and thorough inspections of the area surrounding the well and springs to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid town board to cause copies of any rules and regulations violated to be served 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 town board to promptly notify the State Commissioner of Health of such violations. Further steps to abate the said violations shall be taken in accordance with the provisions of section 1102 of the Public Health Law. The aforesaid town board shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations found, the number of notices served, the number of violations abated, and the general condition of the area surrounding the well and springs at the time of the last inspection.

(f) Penalties for violations. Penalties for violations of these rules and regulations shall be those specified by section 1103 of the Public Health Law.
 

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Section 111.12 Reserved

Section 111.13 - Hamden Water District No. 1, Town of Hamden

111.13 Hamden Water District No. 1, Town of Hamden. (a) Application. The rules and regulations set forth in this section, duly made and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to the well and springs which comprise the source of the public water supply of the Hamden Water District No. 1. Said well is located on land owned by the Hamden Water District No. 1 and is situated approximately 150 feet east of New York State Route 10. Said springs are located approximately 500 feet west of Daunt Hollow Road.

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

(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 the structure or object to the nearest well or spring.

(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, industrial municipal and agricultural waste.

(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 nonputrescible solid wastes, including garbage, manure, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid and 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 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) 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.

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

(13) Toxic substance shall mean any toxic substance as so defined by subdivision 2 of section 4801 of the Public Health Law.

(14) Treatment works shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, construction 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.

(15) Water supply shall mean the public water supply of the Hamden Water District No. 1.

(16) Well shall mean wells and springs now used as a source of this water supply or to any additional well which may be constructed at these locations as a source for this 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 the well.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the well except in weatherproof buildings or watertight vessels.

(3) Herbicides and pesticides. No pesticides or herbicides shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the well unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(4) Human excreta and sewage. (i) No privy, privy vault, pit or other receptacle of any kind for either the temporary storage or the permanent deposit of human excreta or sewage shall be constructed, located, placed, maintained or allowed to remain within a 250-foot linear distance of the well. (ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 250-foot linear distance of the well.

(iii) No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground within a 250-foot linear distance of the well, except in watertight pipes connected to a sewage disposal system or treatment works for which a permit has been granted by the appropriate State agency having jurisdiction over such facility. No such watertight pipe shall be located within a 15-foot linear distance of the well.

(5) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the well and not within a 500-foot to a 1,000-foot linear distance of the well unless authorization has been obtained from the appropriate State agency and such burial is in accordance with provisions of Part 16 of this Title.

(6) Solid waste. (i) Junkyards. No junkyards shall be located within a 250-foot linear distance of the well.

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

(iii) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of the well.

(7) Toxic substances. No container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 500-foot linear distance of the well.

(8) Trespassing. No trespassing shall be allowed upon the property of the Hamden Water District No. 1 upon which the wells are located, and no person or persons shall enter in or upon such property except the person or persons authorized to enter said property of the Hamden Water District No. 1.

(e) Inspections. The trustees of the Hamden Water District No. 1 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 representatives, make regular and thorough inspections of the area surrounding the well to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid trustees of the water district 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 trustees of the water district to promptly notify the State Commissioner of Health of such violations. The aforesaid trustees of the water district 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 area surrounding the well at the time of the last inspection.

(f) Penalties for violations. Penalties for violations of these rules and regulations shall be those specified by section 1103 of the Public Health Law.
 

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COMPANIES

Section 111.20 - Bovina Center Water Company

COMPANIES

111.20 Bovina Center Water Company. (a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71, 72 and 73 of chapter 45 of the Consolidated Laws (Public Health Law) as heretofore set forth shall apply to all natural and artificial reservoirs on Coulter Brook and all watercourses tributary thereto or ultimately discharging into said reservoirs, these bodies of water being sources of the public water supply furnished by the Bovina Center Water Company to the Village of Bovina Center, Delaware County, NY.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to all storage and impounding reservoirs on the Coulter Brook which are tributary to or which serve as sources of this public water supply or to any additional reservoir which may be constructed or used for the purpose of this public water supply. HEALTH 10B

(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 basin,) stream, ditch, gutter or other channel of every kind, the waters of which, when running, whether continuously or occasionally, eventually flow or may flow into the public water supply of the Village of Bovina Center.

(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, 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 75 feet of any reservoir or watercourse tributary to the public water supply of the Village of Bovina Center.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or watercourse tributary to the public water supply of the Village of Bovina Center.

(3) No cesspool, pit or other receptacle of any kind used for the temporary 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 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 convenient removal of said excreta or sewage to some place of ultimate disposal as hereinafter set forth.

(4) The excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision shall be removed and the receptacles thoroughly cleaned and deodorized as often as may be found necessary to maintain the privy in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundation or floor of the privy. In effecting this removal, the utmost care shall be exercised that none of the contents be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(5) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits at a depth of not less than 18 inches below the surface and at a distance not less than 500 feet from any reservoir or watercourse tributary to the public water supply of the village of Bovina Center.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacles or from any trench or place of disposal or the garbage or wastes from any dump may be washed over the surface or through the soil in an imperfectly purified condition into any reservoir or watercourse, then the said privy or receptacles for excreta or the trench or place of disposal or the said garbage or waste dump shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health. (d) Sewage, house slops, sink wastes, etc. (1) No house slops, bath water, sewage or other excretal matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner either directly or indirectly into any reservoir or any watercourse tributary to the public water supply of the village of Bovina Center, nor shall any such matters be thrown, placed, led, discharged or allowed to escape beneath the surface except into watertight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 300 feet of any reservoir or watercourse tributary to the public water supply of the village of Bovina Center.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste water from any creamery, cheese factory, laundry nor water in which milk cans, utensils, clothing, bedding, carpets or 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 or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse within a distance of 100 feet from any reservoir or watercourse tributary to the public water supply of the village of Bovina Center.

(3) No clothing, bedding, carpets, harnesses, vehicle, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir or watercourse, nor shall any animals or poultry be allowed to stand, wallow, wade or swim in any reservoir or watercourse nor be washed therein. The watering of animals or poultry in any reservoir of the public water supply of the village of Bovina Center is prohibited. No watering place shall be maintained in such a way as to pollute with muddy leachings or excretal matters any streams tributary to the public water supply of the village of Bovina Center.

(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 75 feet from any reservoir or watercourse tributary to the public water supply of the village of Bovina Center, 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 75 feet from any reservoir or watercourse tributary to the public water supply of the village of Bovina Center.

(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 Bovina Center, 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 18 inches below the surface nor within a distance of 500 feet from any reservoir or watercourse tributary to the public water supply of the village of Bovina Center, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 75 feet from any reservoir or watercourse tributary to the public water supply of the village of Bovina Center.

(4) No decayed or fermented fruit or vegetables, cider mill wastes, roots, grain or other vegetables 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 75 feet before entering any reservoir or watercourse tributary to the public water supply of the village of Bovina Center. (f) Dead animals, offal, manufacturing wastes, etc. No dead animals, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse. Nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or watercourse tributary to the public water supply of the village of Bovina Center.

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

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

(i) Cemeteries. No interment of a human body shall be made within a distance of 200 feet from any reservoir or from any watercourse tributary to the public water supply of the village of Bovina Center.

(j) Inspections. The Bovina Center Water Company 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 water company to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations it shall be the further duty of the water company to promptly notify the State Commissioner of Health of such violations. The water company shall report in writing annually, on the first of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

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

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Section 111.21 - Stamford Water Company

111.21 Stamford Water Company.

(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 heretofore set forth shall apply to all natural and artificial reservoirs and to all water courses tributary thereto or ultimately discharging into said reservoirs, these bodies of water being sources of the public water supply furnished by the Stamford Water Company to the village of Stamford, Delaware County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to all storage and impounding reservoirs which are tributary to or which serve as sources of this public water supply or to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and filter basins), stream, ditch, gutter or other channel of 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 Stamford.

(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, cesspool or any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 100 feet of any reservoir or within 50 feet of any watercourse tributary to the public water supply of the village of Stamford.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or within 100 feet of any watercourse tributary to the public water supply of the village of Stamford.

(3) No cesspool, pit or other receptacle of any kind used for the temporary 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 Department 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 watercourse tributary to the public water supply of the village of Stamford.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid 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 waste, etc. (1) No house slops, bath water, sewage or other excretal matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, conducted, discharged or allowed to escape 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 Stamford, nor shall any such matter be thrown, placed, led, discharged or allowed to escape 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 Stamford.

(2) 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 or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse within a distance of 100 feet from any reservoir or within 50 feet from any watercourse tributary to the public water supply of the village of Stamford.

(3) No clothing, bedding, carpets, harnesses, vehicle, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir nor shall any animals or poultry be allowed to stand, wallow, wade or swim in any reservoir nor be washed therein. The watering of animals or poultry in any reservoir of the public water supply of the village of Stamford is prohibited. No watering place shall be maintained in such a way as to pollute with muddy leachings or excretal matters any streams tributary to the public water supply of the village of Stamford.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 100 feet from any reservoir or within 50 feet of any watercourse tributary to the public water supply of the village of Stamford, 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 100 feet from any reservoir or 50 feet from any watercourse tributary to the public water supply of the village of Stamford.

(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 Stamford, 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 18 inches below the surface nor within a distance of 300 feet from any reservoir nor within 150 feet of any watercourse tributary to the public water supply of the village of Stamford, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet from any reservoir or within 25 feet from any watercourse tributary to the public water supply of the village of Stamford.

(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 75 feet before entering any reservoir or 25 feet before entering any watercourse tributary to the public water supply of the village of Stamford. (f) Dead animals, offal, manufacturing wastes, etc. No dead animals, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse. Nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or 75 feet from any watercourse tributary to the public water supply of the village of Stamford.

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

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

(i) Cemeteries. No interment of a human body shall be made within a distance of 300 feet from any reservoir or 100 feet from any watercourse tributary to the public water supply of the village of Stamford.

(j) Inspections. The Stamford Water Company 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 Stamford Water Company to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations it shall be the further duty of the Stamford Water Company to promptly notify the State Commissioner of Health of such violations. The Stamford Water Company 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.
 

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Part 112 - Dutchess County

Effective Date: 
Wednesday, August 5, 1992
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CITIES

Section 112.1 - City of Beacon

CITIES

Section 112.1 City of Beacon.

(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 395 of the Laws of 1928, shall apply to any natural or artificial reservoir, watercourse or drainage area tributary thereto or ultimately discharging into said reservoirs, serving as sources of the public water supply of the city of Beacon, Dutchess County, New York.

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

(1) The term water supply means the public water supply of the city of Beacon, Dutchess County, New York.

(2) The term reservoir means any natural or artificially impounded body of water serving as the source of the aforesaid water supply and to any additional reservoir which may be constructed or used for this water supply.

(3) The term watercourse means every spring, pond (other than reservoir), 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 such watercourse.

(c) Human excreta. (1) No human excreta shall be deposited, thrown, placed 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 12 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 or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 100 feet of any reservoir or any watercourse.

(5) Every privy or receptacle for the storage or deposit of human excreta, located between the limiting distances prescribed in paragraph (4) of this subdivision and the distance of 300 feet from any reservoir or any watercourse, shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

(6) 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, after due notice to the owner thereof, be removed to such places as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage. No sewage, bath water, sink or laundry wastes shall be discharged or allowed to flow into any reservoir or watercourse nor deposited on or beneath the surface of the ground within 300 feet of any reservoir or any watercourse, except into watertight receptacles the contents of which shall be removed as provided by paragraph (3) of subdivision (c) or into a sewage treatment plant, plans for which shall be submitted to and approved by the State Commissioner of Health.

(e) Wastes, refuse and garbage. 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.

(f) Bathing. No person shall bathe or swim or be allowed to bathe or swim in any reservoir or watercourse.

(g) Places for 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 shall pollute any reservoir or watercourse.

(h) Manure piles. No manure pile or compost heap shall be maintained or allowed to remain within 100 feet of any reservoir or any watercourse nor in such a manner as to pollute said reservoir or watercourse. (i) Fishing, boating and ice cutting. No boating or fishing of any kind, 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, except by duly authorized employees of the city of Beacon in the performance of their duties of supervision and maintenance of the water supply.

(j) 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 reservoir or within 100 feet of any watercourse tributary to the water supply.

(k) Cemeteries. No interment of a human body shall be made within a distance of 300 feet of any reservoir or watercourse tributary to the water supply.

(l) Inspections. The department of public works of the city of Beacon or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the city of Beacon 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 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 board to promptly notify the State Commissioner of Health of such violations. The department of public works 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.

(m) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.
 

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VILLAGES

Section 112.3 - Village of Fishkill

VILLAGES

112.3 Village of Fishkill.

(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 Laws), as finally amended by chapter 395 of the Laws of 1928, HEALTH 10B shall apply to all natural and artificial reservoirs, watercourses and drainage areas tributary thereto or ultimately discharging into said reservoirs, serving as sources of the public water supply of the village of Fishkill, Dutchess County, New York.

(b) Definitions. (1) The term water supply wherever used in this section means the public water supply of the village of Fishkill, Dutchess County, New York.

(2) The term reservoir means all natural or artificial reservoirs serving as a source of the aforesaid water supply.

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

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

(c) Human excreta. (1) No human excreta shall be deposited, thrown, placed or allowed to escape into the reservoir or any 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 500 feet from the reservoir or any watercourse and covered with not less than 12 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 or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 300 feet of the reservoir or any watercourse.

(5) Every privy or receptacle for the storage or deposit of human excreta located between the limiting distance of 300 feet, prescribed in paragraph (4) of this subdivision, and the distance of 500 feet from the reservoir or any watercourse, shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

(6) 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 the reservoir or any watercourse, the said privy, receptacle, trench or place of disposal shall, after due notice to the owner thereof, be removed to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage. No sewage, bath water, sink or laundry wastes shall be discharged or allowed to flow into the reservoir or any watercourse nor deposited on or beneath the surface of the ground within 500 feet of the reservoir or any watercourse, except into watertight receptacles or into a sewage treatment plant, plans for which shall have been submitted to and approved by the State Commissioner of Health. If such watertight receptacles are used, they shall be located not less than 300 feet from the reservoir or any watercourse and the contents removed and disposed of as provided by paragraph (3) of subdivision (c).

(e) Wastes, refuse and garbage. No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or other material that pollutes water shall be deposited in the reservoir or any watercourse nor on or beneath the surface of the ground within 300 feet thereof nor in such a manner that it can be washed by rain, melting snow or otherwise over the surface of or through the ground into the reservoir or any watercourse.

(f) Bathing. No person shall bathe or swim or be allowed to bathe or swim in the reservoir.

(g) Places for animals. (1) No animals or poultry shall be allowed to stand, wade, wallow or swim nor be washed or watered in the 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 manner that the drainings, leachings or washings therefrom shall pollute the reservoir or any watercourse. (h) Manure. No manure or manure pile shall be maintained or allowed to remain within 300 feet of the reservoir or any watercourse nor in such a manner as to pollute said reservoir or watercourse.

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

(j) 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 the reservoir or any watercourse tributary to the water supply.

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

(l) Inspections. The board of trustees of the village of Fishkill 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 Fishkill or the duly appointed representatives of any such board shall make regular and thorough inspections of the reservoir, 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 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 said board 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 condition of the watershed at the time of the last inspection.

(m) 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 112.4 - Village of Wappingers Falls

112.4 Village of Wappingers Falls.

(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 existing wells and such additional wells as may be developed in the future on the property of the village of Wappingers Falls, Dutchess County, New York, such wells being the sources of public water supply of the village of Wappingers Falls.

(b) Definitions. (1) The term well whenever used in this section means any well now used as a source of this public water supply or any additional well which may be constructed on the property of the village of Wappingers Falls for the purpose of this water supply.

(2) Wherever the 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) Human excreta. (1) No privy, cesspool, septic tank, subsurface leaching tile or receptacle of any kind for the storage, deposit or disposal of human excreta or sewage shall be constructed. placed, maintained or allowed to remain within 200 feet of any well.

(2) No human excreta or sewage shall be so stored, disposed of or discharged onto the surface of the ground so that the material will drain or be washed by rain or melting snow to points within 200 feet of any well.

(3) 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 through the soil in an imperfectly purified condition into any well, 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) Bath water, waste, refuse. No cesspool, pit or receptacle of any kind for the storage, deposit or disposal of bath water, sink or laundry wastes, garbage, refuse, manure or putrescible matter shall be constructed, placed, maintained or allowed to remain within 200 feet of any well.

(e) Animals. 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 located within 200 feet of any well.

(f) Trespassing. No trespassing shall be allowed upon the property of the village of Wappingers Falls upon which the wells of the public water supply are located, and no person or persons shall enter in or upon such property except such person or persons as may be charged with the maintenance of the supply in the official performance of their duties or such other persons as may be authorized to enter said property by the said village.

(g) General clause. In addition to observing the foregoing requirements all persons shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply of the village of Wappingers Falls.

(h) Inspections. The village of Wappingers Falls, its officers 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 aforesaid village to cause copies of any rules and regulations violated to be served upon the person 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 village of Wappingers Falls to promptly notify the State Commissioner of Health in writing annually, on the first day of January, the results of the regular 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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Section 112.5 - Village of Millbrook

Section 112.5 Village of Millbrook, Dutchess County.

(a) Application: The rules and regulations set forth in this Section duly made and enacted in accordance with the provisions of Section 1100-1107 of the Public Health Law shall apply to the source of the public water supply of the Village of Millbrook. Said water supply is located approximately one mile east of the Village along NYS Route 44 on land identified as Dutchess County Office of Real Property Tax number 6865-265185. The location of boundaries designated for the protection zones, which comprise the Millbrook public water supply watershed, are described on the watershed protection zone map, dated April 1992 and filed with the New York State Commissioner of Health, Albany, New York, and with the Village Clerk of the Village of Millbrook, Dutchess County, New York, and included as Appendix A of these Rules.

(b) Definitions:

(1) Agricultural associated animal waste shall mean manure obtained from agricultural industries.

(2) Aquifer shall mean a consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding a significant amount of groundwater to wells, springs or infiltration galleries.

(3) Chloride salt shall mean any bulk quantities of chloride compounds and other deicing compounds intended for application to roads, including mixtures of sand and chloride compounds in any proportion where the chloride compounds constitute over eight percent of the mixture. A bulk quantity of chloride compounds means a quantity of one thousand pounds or more, but does not include any chloride compounds in a solid form, including granules, which are packaged in waterproof bags or containers which do not exceed one hundred pounds each.

(4) Commissioner of Health unless otherwise noted, shall be the Commissioner of Health of the State of New York.

(5) Disposal shall mean the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste, radioactive material, hazardous waste, or wastewater into or on any land or water so that such solid waste, radioactive material, hazardous waste, or wastewater will remain on the land or water and will not be removed.

(6) Environmental assessment form shall be a form used by an agency to assist it in determining the environmental significance or nonsignificance of actions as defined in 6 NYCRR, Part 617.

(7) Fertilizers shall be any commercially produced mixture generally containing phosphorous, nitrogen, and potassium which is applied to the ground to increase nutrients to plants.

(8) Flood plain shall be the land contiguous to streams, ponds, estuaries, and lakes which would be inundated by the flood having a one percent chance of being equalled or exceeded in any given year.

(9) Groundwater shall be any water beneath the land surface in the saturated zone.

(10) Hazardous material shall mean any substance listed in or exhibiting characteristics identified in either 6 NYCRR Part 371 or 6 NYCRR Part 597.

(11) Herbicides shall mean any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed, and being those substances defined as herbicides pursuant to Environmental Conservation Law Section 33-0101.

(12) Human excreta shall mean human feces and urine.

(13) Manure shall mean animal feces and urine.

(14) Non-agricultural associated animal waste shall mean manure obtained from non-agricultural industries.

(15) Non-point discharge shall mean discharges of pollutants not subject to SPDES (State Pollutant Discharge Elimination System) permit requirements.

(16) Open storage shall mean the holding of a material in a way that the material is exposed to the elements of nature.

(17) Pest shall mean (1) any insect, rodent, fungus, weed, or (2) any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other micro-organism (except viruses, bacteria or micro-organisms on or in living man or other living animals) which the Commissioner of Environmental Conservation declares to be a pest as provided by Environmental Conservation Law Section 33-0101.

(18) Pesticide shall mean any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant, and being those substances defined as pesticides pursuant to Environmental Conservation Law Section 33-0101 et seq.

(19) Point Source discharge shall mean pollutants discharged form a point source as defined in Environmental Conservation Law Section 17-0105.

(20) Protection zone shall mean any of the watershed management zones, as delineated on the watershed protection zone map, dated April 1992, and included as Appendix A of these Rules and described herein. These zones shall be designated Zone I, Zone II and Zone III. (21) Radioactive material shall mean any material in any form that emits radiation spontaneously, excluding those radioactive materials or devices containing radioactive materials whose receipt, possession, use and transfer are exempt from licensing and regulatory control pursuant to regulations of the New York State Department of Labor or United States Nuclear Regulatory Commission.

(22) 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.

(23) Recyclables handling and recovery facility shall mean a solid waste management facility, other than pickup and transfer vehicles, at which recyclables are separated from the solid waste stream, or at which previously separated recyclables are collected, for collection, storage, and off-site shipment.

(24) Septage shall be the contents of a septic tank, cesspool, or other individual wastewater treatment work which receives domestic sewage wastes.

(25) Sludge shall be the solid, semi-solid or liquid waste generated from a waste processing facility, but does not include the liquid stream of effluent.

(26) Solid waste shall mean all putrescible and nonputrescible materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris, discarded automobiles and offal but not including sewage and other highly diluted water carried materials or substances and those in gaseous form, and being those wastes defined as solid waste pursuant to Environmental Conservation Law Section 27-0701.

(27) Solid waste management facility means any facility employed beyond the initial waste collection process including, but not limited to, transfer stations, bailing facilities, rail haul or barge haul facilities, processing systems, including resource recovery facilities or other facilities for reducing solid waste volume, sanitary landfills, facilities for the disposal of construction and demolition debris, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities, as defined in Environmental Conservation Law Section 27-0701 et seq.

(28) Spill shall mean any escape of a substance from the containers employed in storage, transfer, processing, or use.

(29) State Pollutant Discharge Elimination System or "SPDES" shall mean the system established pursuant to Article 17 Title 8 of Environmental Conservation Law for issuance of permits authorizing discharges to the waters of the State of New York.

(30) Stormwater runoff recharge basins shall mean a man-made device capable of retaining surface water runoff to induce groundwater infiltration.

(31) Supplier of Water shall mean the Village of Millbrook, Dutchess County, New York, incorporated under the laws of New York State. The Village of Millbrook is the owner and operator of the public water supply facilities located within the watershed protection zones as described on the watershed protection zone map, dated April 1992, filed with the New York State Commissioner of Health, Albany, New York, and with the Village Clerk of the Village of Millbrook, Dutchess County, New York, and included as Appendix A of these Rules.

(32) Wastewater treatment work shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, collection and distribution pipes, on-site disposal systems and seepage units, constructed drainage ditch or surface water intercepting ditch, or other works not specifically mentioned in this paragraph, installed for the purpose of transport, treatment, neutralization, stabilization, storage, or disposal of wastewater.

(33) Wastewater shall mean aqueous carried waste including, but not limited to, dredge spoil, solid waste, hazardous waste, incinerator ash and residue, septage, garbage, refuse, sludge, chemical waste, infectious waste, biological material, radioactive materials, heat, and industrial, municipal and agricultural waste.

(34) Water Supply Protection Zone shall mean the land area, known as Zone II, delineated on the map, dated April 1992 and filed with the New York State Commissioner of Health and with the Village Clerk of the Village of Millbrook, and included as Appendix A of these rules. The Water Supply Protection Zone includes a portion of the Millbrook stream bed, a portion of the intermittent surface stream network, the southeastern gravel deposit areas of the watershed and other areas of the watershed having gravelly and sandy soils. (35) Watershed Protection Zone shall mean the land area, known as Zone III, which is tributary to Zone II and is the tributary surface area from which the aquifer is replenished by runoff. The Watershed Protection Zone is delineated on the map, dated April 1992 and filed with the New York State Commissioner of Health and with the Village Clerk of the Village of Millbrook, and included as Appendix A of these Rules.

(36) Water supply shall mean the public water supply of the Village of Millbrook.

(37) Watercourse shall mean every spring, stream, wetland, and marsh, from which water may flow into the Village of Millbrook public water supply.

(38) Watershed shall mean that land area which contributes water to a specific stream, aquifer or aquifer recharge area or portion(s) thereof and shall include the three designated protection zones known as Zone I, Zone II, and Zone III.

(39) Well shall mean any present or future artificial excavation used as a source of public water supply which derives water from the interstices of the rocks or soils which it penetrates including bored wells, drilled wells, driven wells, infiltration galleries, and trenches with perforated piping, but excluding ditches or tunnels, used to convey groundwater to the surface.

(40) Well Head Protection Zone shall mean the +/-119.0 acre parcel owned by the supplier of water (identified as tax parcel #6865-265185) located at the confluence of the Shaw Brook and the Mill Brook which contains the public water supply facilities and the well cone of depression. This zone shall also be known as Zone I as delineated on the map, dated April 1992 and filed with the New York State Commissioner of Health and with the Village Clerk of the Village of Millbrook, and included as Appendix A of these Rules.

(c) General Provisions.

(1) The manufacture, use, storage, disposal or discharge of any products, materials or by-products, such as wastewater, solid waste, hazardous waste or any pollutant within the identified protection zones must conform to the requirements of these Rules.

(2) Any person or entity preparing an environmental assessment form or an environmental impact statement for a project in Zones I, II, or III as defined in this section shall file a copy with the Commissioner of Health and the supplier of water.

(3) An inventory and census shall be initiated and updated every five years by the supplier of water of all systems, facilities and activities in the protection zones that may contribute to water supply source contamination including, as a minimum, those activities included in the original inventory and census, a summary of which is included as Appendix B of these rules.

(4) Spills: Within any of the herein defined Protection Zones, any person who is the owner of, or in actual or constructive possession or control of a hazardous material, petroleum, or radioactive material, or any agent or employee thereof, or any person in a contractual relationship therewith, who is responsible for, or has knowledge of any spill, as defined in subdivision (b) above, of any hazardous material, petroleum, or radioactive material to the ground surface or any water body, shall notify the supplier of water, the New York State Department of Environmental Conservation and the Dutchess County Department of Health. All spills shall be reported to the supplier of water, the New York State Department of Environmental Conservation and the Dutchess County Department of Health within two (2) hours of such spill, or when knowledge of such spill is obtained.

(d) Specific Regulations: Zone I

(1) All land shall be protected and controlled through direct ownership of the land or through the acquisition of protective easements or other appropriate measures by the supplier of water in order to prevent contamination.

(2) All systems, facilities, and activities are prohibited except for physical pumping and treatment facilities and controls. The area shall not be used for any purpose other than public water supply except when a permit has been issued by the Village Board for non-intrusive recreation uses such as hunting, fishing, picnicking, nature study, or hiking.

(3) The development of the water supply sources shall be designed, constructed and maintained subject to the approval and enforcement authority of the Dutchess County Health Department, New York State Department of Environmental Conservation and New York State Department of Health so as to eliminate the opportunity for pollution to enter the water sources.

(4) The physical pumping facilities and controls shall be protected against damage from tampering by fencing or other enclosures or by their manner of construction and installation.

(5) The area shall be posted prohibiting trespass for any purpose except as permitted in subdivision (d)(2) above. (e) Specific Regulations: Zone II

(1) Wastewater Treatment Works:

(i) all wastewater treatment works discharging to groundwater and receiving wastewater without the admixture of industrial or other wastes, as those terms are defined in Environmental Conservation Law, Section 17-0701, in quantities of less than 1,000 gallons per day shall be designed, installed and maintained in accordance with the standards established in 10 NYCRR Part 75 (Appendix 75A) and any wastewater disposal standards promulgated by the Dutchess County Health Department where such standards are more stringent. Where required, permits for the installation or continued use of wastewater treatment works shall be obtained and may be denied when rapid percolation is found; and

(ii) all other wastewater treatment works, including design, installation and maintenance, are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation.

(2) Point Source Discharge. Point source discharges, other than stormwater runoff conduits and discharges pursuant to Subdivision e(1)(i) of this section, are prohibited except pursuant to an authorization issued by the New York State Department of Environmental Conservation.

(3) Septage and Sludge:

(i) storage of septage, sludge or human excreta, other than storage associated with the operation of an individual wastewater treatment work, is prohibited; and

(ii) the land application of septage, sludge or human excreta is prohibited.

(4) Solid Waste Management Facilities. The establishment or continued operation of solid waste management facilities are prohibited, except for a disposal area located within the property boundaries of a single family residence or farm for solid waste generated from that residence or farm or a recyclables handling and recovery facility with an on-site capacity not exceeding 450 tons per month, operated pursuant to a valid permit, regulatory exemption or other authorization by the New York State Department of Environmental Conservation.

(5) Animal Waste Storage. Areas utilized for the storage or stockpiling of manure and agricultural associated animal waste shall be constructed and maintained such that seepage, leachate or runoff from storage or stockpiling of animal waste cannot adversely impact the quality of the groundwater or surface water.

(6) Hazardous Material:

(i) storage and use of hazardous material are subject to the approval and enforcement authority of the State Department of Environmental Conservation or other agency having jurisdiction; and

(ii) disposal of hazardous material is prohibited.

(7) Radioactive Material. Storage, use and disposal of radioactive material are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation, the State Department of Health, and any other state or federal agency having jurisdiction.

(8) Fertilizer and Manure Use:

(i) open storage of fertilizers for non-farm and non-residential use is prohibited;

(ii) agricultural use of fertilizers and land application of manure shall be in conformance to the degree practicable with "Controlling Agricultural Nonpoint Source Water Pollution in New York State - A Guide to the Selection of Best Management Practices to Improve and Protect Water Quality", dated 1991, prepared by Patricia Longabucco, published by the Bureau of Technical Services and Research, Division of Water, New York State Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12223, and available for public inspection and copying from the New York State Department of Health, Bureau of Management Services, Empire State Plaza, Corning Tower, Room 2230, Albany, New York 12237; and

(iii) fertilizer use for non-farm and non-residential usage shall not be applied in a manner or at rates which would contaminate the Village water supply.

(9) Pesticide and Herbicide Use:

(i) pesticide and herbicide storage and use are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation;

(ii) disposal of pesticides, including herbicides other than for those uses set forth in subdivision (e)(9)(i) of this section, is prohibited;

(iii) disposal of water used for make-up water or for washing of equipment is prohibited except pursuant to an authorization issued by the New York State Department of Environmental Conservation; and

(iv) use of streams as a source of water or for make-up water or washing of equipment used in conjunction with pesticides and herbicides is prohibited.

(10) Petroleum Storage:

(i) aboveground or underground petroleum storage tanks, including design, installation and maintenance, are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation as per Environmental Conservation Law Sections 17-0303 and 17-1001 et seq; and (ii) abandoned petroleum tanks are subject to the closure requirements of 6 NYCRR, Section 613.9.

(11) Stockpiles:

(i) storage of chloride salts is prohibited except in structures designed to minimize contact with precipitation and constructed on low permeability pads designed to control seepage and runoff; and

(ii) storage of coal is prohibited except in structures designed to minimize contact with precipitation and constructed on low permeability pads designed to control seepage and runoff.

(12) Chloride Salt Application. Deicing chloride salt use is restricted to the minimum amount needed for public safety.

(13) Construction and Closure of Wells:

(i) oil and gas well construction, maintenance and abandonment are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation; and

(ii) water supply well construction, maintenance and abandonment are subject to the approval and enforcement authority of the Dutchess County Health Department and the New York State Department of Health as set forth in standards and procedures contained in section 5-1.22 of the State Sanitary Code and the New York State Department of Environmental Conservation under 6 NYCRR, Part 601.

(14) Cemeteries. All cemeteries shall be operated to prevent contamination of the public water supply.

(15) Sediment Generation:

(i) farm tillage practices shall be in conformance to the degree practicable with "Controlling Agricultural Nonpoint Source Water Pollution in New York State - A Guide to the Selection of Best Management Practices to Improve and Protect Water Quality", dated 1991, prepared by Patricia Longabucco, published by the Bureau of Technical Services and Research, Division of Water, New York State Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12223, and available for public inspection and copying from the New York State Department of Health, Bureau of Management Services, Empire State Plaza, Corning Tower, Room 2230, Albany, New York 12237; and

(ii) land disturbing activities which may result in deterioration of the quality or quantity of the public water supply source, including general construction, highway construction, access road construction and maintenance are prohibited except where measures have been put in place to prevent erosion and sediment production.

(f) Specific Regulations: Zone III

(1) Wastewater Treatment Works:

(i) all wastewater treatment works discharging to groundwater and receiving wastewater without the admixture of industrial or other wastes, as those terms are defined in Environmental Conservation Law, Section 17-0701, in quantities of less than 1,000 gallons per day shall be designed, installed and maintained in accordance with the standards established in 10 NYCRR Part 75 (Appendix 75A) and any wastewater disposal standards promulgated by the Dutchess County Health Department where such standards are more stringent. Where required, permits for the installation or continued use of wastewater treatment works shall be obtained; and

(ii) all other wastewater treatment works, including design, installation and maintenance, are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation, or its agent.

(2) Point Source Discharge. Point source discharges, other than stormwater runoff conduits and discharges pursuant to subdivision (f)(1)(i) of this section, are prohibited except pursuant to an authorization issued by the New York State Department of Environmental Conservation.

(3) Septage and Sludge:

(i) land application of septage, sludge or human excreta within 200 linear feet of any stream, watercourse or Zone I or Zone II boundary is prohibited; and

(ii) land application of septage, sludge or human excreta which is permitted under this subdivision shall be pursuant to a permit issued by the New York State Department of Environmental Conservation or New York State Department of Health as appropriate.

(4) Solid Waste Management Facilities. Solid Waste Management facilities may be established or operated pursuant to a valid permit, regulatory exemption, or other authorization issued by the New York State Department of Environmental Conservation.

(5) Animal Waste Storage. Areas utilized for the storage or stockpiling of manure and agricultural associated animal waste shall be constructed and maintained such that seepage, leachate or runoff from storage or stockpiling of animal waste cannot adversely impact the quality of the groundwater or surface water.

(6) Hazardous Material. Storage, use and disposal of hazardous material are subject to the approval and enforcement authority of the New York State Department of Environmental Conservation or other agency having jurisdiction.

Effective Date: 
Wednesday, August 5, 1992
Doc Status: 
Complete

DEPARTMENTS

Section 112.20 - Hyde Park Fire Department

DEPARTMENTS

112.20 Hyde Park Fire Department.

(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 (the Public Health Law), as amended by chapter 510 of the Laws of 1921, shall apply to Crum Elbow Creek from its sources to the intake of the water purification plant and to all natural and artificial reservoirs on the aforementioned creek and all watercourses tributary thereto or ultimately discharging into said creek and reservoirs, these bodies of water being sources of the public water supply of the Hyde Park Fire Department.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to the reservoir on Crum Elbow Creek formed by the dam at the intake of the water supply of the Hyde Park Fire Department or to any additional reservoir which may be constructed or used for the purpose of this water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond, lake (other than the artificial reservoirs and filter basins), stream, ditch, gutter or other 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 Hyde Park Fire Department.

(3) Whenever a linear distance of a structure or object from a reservoir or from a watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 100 feet of any reservoir or within 50 feet of any watercourse tributary to the public water supply of the Hyde Park Fire Department, 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 150 feet of any reservoir or within 75 feet of any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(3) No cesspool, pit or other receptacle of any kind used for the temporary 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 made watertight and 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 watertight 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 under paragraph (5) of this subdivision.

(4) The excreta collected in the aforesaid removable vessels or receptacles permitted under paragraph (3) of this subdivision shall be removed and the vessels or receptacles thoroughly cleaned and disinfected 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 in writing by the State Commissioner of Health, the excreta collected in the aforesaid removable vessels or 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 in such place and manner as to effectually prevent their 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 300 feet from any watercourse tributary to the public water supply of the Hyde Park Fire Department 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 Hyde Park Fire Department. (6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or to other special local condition, 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 and other matter. (1) No house slops, bath water, sewage or other excremental matter from any water closet, privy, cesspool or other source, except the effluent from a properly constructed and operated sewage disposal plant, as hereinafter provided under paragraph (2) of this subdivision, shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner, either directly or indirectly, into any reservoir or watercourse tributary to the public water supply of the Hyde Park Fire Department 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 vessels or receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 150 feet of any reservoir or 75 feet of any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(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 Hyde Park Fire Department, 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 Hyde Park Fire Department.

(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 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 100 feet from any reservoir or within 50 feet from any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(4) No clothing, bedding, carpets, 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 Hyde Park Fire Department.

(e) Bathing, animals, manure, compost, etc. (1) No person shall bathe nor shall any animals or poultry be allowed to swim, wade or stand nor be washed in any reservoir of the Hyde Park Fire Department nor in any watercourse tributary thereto within three miles, measured along the stream above the intake of the water purification plant of the Hyde Park Fire Department. This shall not, however, be construed to prohibit animals from being watered in any portion of the watercourses tributary to the public water supply of the Hyde Park Fire Department, but no watering place 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 Hyde Park Fire Department.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 100 feet from any reservoir or within 50 feet of any watercourse tributary to the public water supply of the Hyde Park Fire Department and none of the above named objects or sources of pollution shall be so constructed, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any such reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified and in no case shall it be deemed that proper purification has been secured unless the above drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 100 feet from any reservoir or 50 feet from any watercourse tributary to the public water supply of the Hyde Park Fire Department. (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 Hyde Park Fire Department, nor shall such human excreta, compost or other matter containing human excreta be buried in the soil at a less depth than 18 inches below the surface nor within a distance of 500 feet from any reservoir nor within 200 feet of any watercourse tributary to the public water supply of the Hyde Park Fire Department, and no manure or compost of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or tributary watercourse nor placed, piled or spread upon the ground nor buried into the soil within a distance of 200 feet from any reservoir or within 25 feet from any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(4) No decayed or fermented fruit or vegetables, cider mill wastes, roots, grain or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in such places that the drainings, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that sufficient purification has been secured unless the above mentioned drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 100 feet before entering any reservoir or 25 feet before entering any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(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 Hyde Park Fire Department, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or 75 feet from any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(g) Fishing, boating and ice cutting. (1) 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 waters or ice of the whole or any part of any reservoir of the public water supply of the Hyde Park Fire Department.

(2) No boating of any kind or fishing from boats or through the ice and no ice cutting or any trespassing whatever shall be allowed on Crum Elbow Creek or its tributaries except by written permission from the Hyde Park Fire Department and in strict compliance with the regulations to be adopted by said department. All ice cutting shall be done under the rigid inspection and supervision of the Hyde Park Fire Department.

(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 200 feet from any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(i) Cemeteries. No interment of a human body shall be made within a distance of 300 feet from any reservoir or 150 feet from any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(j) Inspections. The Hyde Park Fire Department of Hyde Park or such other board, body or person as may be charged with the maintenance of the public water supply shall make or cause to be made 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 fire department 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 Hyde Park Fire Department to promptly notify the State Commissioner of Health of such violations. The said fire department 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 (the Public Health Law), the penalty for each and every violation of 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

COMPANIES

Section 112.21 - Staatsburg Water Company

COMPANIES

112.21 Staatsburg Water Company.

(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 the Indekill and to all watercourses entering or ultimately discharging into said stream above the intake of the impounding reservoir, said stream being a source of water supply of the Staatsburg Water Company in Dutchess County, N.Y.

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

(1) The term water supply means the public water supply furnished by the Staatsburg Water Company.

(2) The term reservoir means any natural or artificially impounded body of water serving as a source of the aforesaid water supply and to any additional reservoir which may be constructed or used for the 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 such watercourse.

(c) Human excreta. (1) No human excreta shall be deposited, thrown, placed 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 200 feet from any reservoir or watercourse and covered with not less than 12 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 or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 100 feet of any reservoir or watercourse.

(5) Every privy or receptacle for the storage or deposit of human ex creta, located between the distances of 200 feet and 100 feet from any reservoir or watercourse, shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

(6) 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. No sewage shall be discharged or allowed to flow into any reservoir or watercourse nor deposited on or beneath the surface of the ground within 200 feet of any reservoir or watercourse, except into watertight receptacles, the contents of which shall be disposed of as provided by paragraph (3) of subdivision (c). If such watertight receptacles are used, they shall be located not less than 100 feet from any 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.

(e) Wastes, refuse and garbage. (1) No bath water, sink or laundry wastes shall be 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 watercourse.

(2) 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 75 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.

(f) Bathing. No person shall bathe or swim or be allowed to bathe or swim in any reservoir or watercourse.

(g) Places for 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 50 feet of any reservoir or 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 by a person for his own personal use or for the rise of his family and friends, shall be located, placed or maintained within a distance of 300 feet of any reservoir or watercourse tributary to the water supply.

(j) Cemeteries. No interment of a human body shall be made within a distance of 300 feet of any reservoir or watercourse tributary to the water supply.

(k) 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 of the Staatsburg Water Company.

(l) Inspections. The Staatsburg Water Company or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representatives of that company shall make regular and thorough inspections of the reservoirs, watercourses and drainage areas tributary thereto for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of said water company to cause copies of any rules and regulations violated to be served upon the persons violating the same, 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 water company to promptly notify the State Commissioner of Health of such violations. The Staatsburg Water Company shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

(m) 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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INSTITUTIONS

Section 112.30 - Harlem Valley State Hospital, Wingdale

INSTITUTIONS

112.30 Harlem Valley State Hospital, Wingdale.

(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, watercourses and drainage areas tributary thereto or ultimately discharging into said reservoirs, serving as sources of the water supply of the Harlem Valley State Hospital at Wingdale, Dutchess County, New York.

(b) Definition of terms. (1) The term water supply means the water supply of the Harlem Valley State Hospital, Wingdale, Dutchess County, New York.

(2) The term reservoir means any natural or artificially impounded body of water serving as the source of the aforesaid water supply and to any additional reservoir which may be constructed or used for this 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 such watercourse.

(c) Human excreta. (1) No human excreta shall be deposited, thrown, placed 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 200 feet from any reservoir or 75 feet from any watercourse and covered with not less than 12 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. HEALTH 10B

(4) No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed or maintained or allowed to remain within 100 feet of any reservoir or 25 feet of any watercourse.

(5) Every privy or receptacle for the storage or deposit of human excreta, located between the distances of 200 feet and 100 feet from any reservoir or 50 feet and 25 feet from any watercourse, shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

(6) 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 place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage. (1) No sewage shall be discharged or allowed to flow into any reservoir or watercourse nor deposited on or beneath the surface of the ground within 200 feet of any reservoir or 50 feet of any watercourse, except into watertight receptacles, the contents of which shall be disposed of as provided by paragraph (3) of subdivision (c). If such watertight receptacles are used, they shall be located not less than 100 feet from any reservoir or 25 feet from any watercourse. These restrictions and limiting distances shall not apply to sewage treatment plants installed under and in accordance with plans, which shall first have been submitted to and approved by thee State Commissioner of Health.

(2) No bath water, sink or laundry wastes shall be allowed to flow in to any reservoir or watercourse nor be deposited on or beneath the surface of the ground within 100 feet of any reservoir or 25 feet of any watercourse.

(e) Wastes, refuse and garbage. 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 of any reservoir or 25 feet of any watercourse nor in such manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into any reservoir or watercourse.

(f) Bathing. No person shall bathe or swim or be allowed to bathe or swim in any reservoir.

(g) Places for animals. (1) No animal or poultry shall be allowed to stand, wade, wallow or swim nor be washed or watered in any reservoir. (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 drainage, leachings or washings therefrom may directly pollute any reservoir.

(h) Manure. No manure pile shall be maintained or allowed to remain within 100 feet of any reservoir or 25 feet of any watercourse nor in such a manner as to pollute said reservoir or watercourse.

(i) Fishing, boating and ice cutting. No boating or fishing of any kind, ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir except by duly authorized employees of the Harlem Valley State Hospital in the performance of their duties of supervision and maintenance of the water supply.

(j) 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 300 feet of any reservoir or 100 feet of any watercourse tributary to the water supply.

(k) Cemeteries. No interment of a human body shall be made within a distance of 300 feet of any reservoir or 25 feet of any watercourse tributary to the water supply.

(l) General clause. In addition to observing the foregoing requirements all persons living on or visiting a watershed shall refrain from any act, not heretofore specified, which may result in contamination of any portion of the water supply of the Harlem Valley State Hospital.

(m) Inspections. The superintendent of the Harlem Valley State Hospital or such other person or persons as may be charged with the maintenance or supervision of the water supply of the Harlem Valley State Hospital or the duly appointed representatives of such superintendent 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 superintendent 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 superintendent to promptly notify the State Commissioner of Health of such violations. The superintendent 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.

(n) 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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Part 113 - Erie County

Effective Date: 
Wednesday, December 13, 2000
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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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Part 114 - Essex County

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VILLAGES

Section 114.1 - Village of Keeseville

VILLAGES

Section 114.1 Village of Keeseville. See section 108.1, supra.

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Section 114.2 - Village of Port Henry

114.2 Village of Port Henry.

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of section 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 all natural and artificial reservoirs and Bartlett Brook and to all watercourses tributary thereto or ultimately discharging into said brook or reservoirs, these bodies of water being sources of the public water supply of the village of Port Henry, Essex 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 reservoirs which serve as sources 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 other channel of any kind, the waters of which when running, whether continuously or occasionally, eventually flow or may flow into the impounding and storage reservoirs tributary to the public water supply of the village of Port Henry.

(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 the temporary storage of human excreta shall be constructed, placed, maintained or allowed to remain within 75 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the village of Port Henry.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 200 feet of any reservoir or any watercourse tributary to the public water supply of the village of Port Henry.

(3) No privy, privy vault, pit, cesspool or other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed or maintained within any mine or mine shaft, the drainage from which, either by gravity or by pumping, flows directly or indirectly into any reservoir or watercourse of the Port Henry water supply.

(4) No privy, privy vault, pit, cesspool or other receptacle of any kind used for the temporary 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 privy, privy vault, pit, cesspool or other receptacle is made watertight and 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.

(5) Every privy, privy vault, pit, cesspool or other receptacle, used for the temporary or permanent storage of human excreta which is constructed, located or maintained within any mine or mine shaft, from which privy or receptacle the excreta are not at once removed automatically by means of 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 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.

(6) The excreta collected in the aforesaid removable receptacles permitted under paragraphs (4) and (5) of this subdivision shall be removed and the receptacles thoroughly cleaned and disinfected as often as may be found necessary to maintain these receptacles or the privy or the place in which they are kept in a proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundation or floor of the privy or other place. 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 or place of temporary storage to the place of disposal, hereinafter specified and that the contents, while being transferred, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises. (7) Unless otherwise specifically ordered or permitted in writing by the State Commissioner of Health, the excreta collected in the aforesaid removable receptacles permitted under paragraphs (4) and (5) 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, in such place and manner as to effectually prevent the excreta being washed over the surface of the ground by rain or melting snow and at a distance of not less than 500 feet of any reservoir or watercourse tributary to the public water supply of the village of Port Henry.

(8) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid 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 tributary to the public water supply of the village of Port Henry, 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, laundry or garage wastes or sewage or other excremental matter from any water closet, privy, receptacle, 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 Port Henry nor shall any such matter be thrown, placed, led, discharged or allowed to escape or flow on the surface of the ground or into the ground except into watertight vessels or receptacles, the contents of which are to be removed as provided by paragraph (6) of subdivision (c), within 200 feet of any reservoir or watercourse tributary to the public water supply of the village of Port Henry.

(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 harnesses have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse, tributary to the public water supply of the village of Port Henry, nor shall any such liquid or solid refuse or waste be thrown, discharged or allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface within a distance of 75 feet from any reservoir or watercourse tributary to the public water supply of the village of Port Henry.

(3) 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 village of Port Henry.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe nor shall any animal or poultry be allowed to stand, wallow, wade or swim nor be washed or watered in any reservoir of the public water supply of the village of Port Henry. This shall not, however, be construed to prohibit animals from being watered in any portion of the watercourse tributary to the public water supply of the village of Port Henry, but no watering place shall be maintained in such a way as to pollute with muddy leachings or excremental matters any streams tributary to the public water supply of the village of Port Henry.

(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 75 feet from any reservoir or watercourse tributary to the public water supply of the village of Port Henry, and none of the above-named objects or sources of pollution shall be constructed, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings therefrom 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 75 feet from any reservoir or watercourse tributary to the public water supply of the village of Port Henry. (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 not 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 Port Henry, nor shall such human excreta or compost or other matter containing human excreta be buried in the soil at a less depth than 18 inches below the surface nor within a distance of 500 feet from any reservoir or watercourse tributary to the public water supply of the village of Port Henry and no manure or compost of any kind shall be thrown, placed, piled or spread upon the ground within a distance of 75 feet from any reservoir or watercourse tributary to the public water supply of the village of Port Henry.

(4) No decayed or fermented fruit or vegetables, cider mill wastes, roots, grain or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in such places that the drainings, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that sufficient purification has been secured unless the above mentioned drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 50 feet before entering any reservoir or watercourse tributary to the public water supply of the village of Port Henry.

(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 of the public water supply of the village of Port Henry, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or watercourse tributary to the public water supply of the village of Port Henry.

(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 waters or ice of the reservoirs, Bartlett Pond or watercourses below Bartlett Pond tributary to the public water supply of the village of Port Henry.

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

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

(j) Inspections. The board of trustees of the village of Port Henry or such other board, as may be charged with the maintenance or supervision of the public water supply of the village or its duly appointed representative 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 trustees to cause copies of any rules and regulations violated to be served upon the persons violating the same, with notices of such violations; and if such persons served do not immediately comply with the rules and regulations it shall be the further duty of the board of trustees to promptly notify the State Commissioner of Health of such violations. The board of trustees shall report in writing annually, on the first 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 reservoirs, watercourses and drainage areas tributary to the public water supply of the village of Port Henry at the time of the last inspection.

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

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Section 114.3 - Village of Saranac Lake

114.3 Village of Saranac Lake.

(a) Application. The rules and regulations hereinafter given, duly made in accordance with the provisions of sections 70, 71 and 72 of the Public Health Law, heretofore set forth, shall apply to the entire drainage area of McKenzie Lake or Pond, situated in the townships of St. Armand and North Elba, Essex County, which forms the source of the public water supply of the village of Saranac Lake, New York.

(b) Definitions. (1) The term lake wherever used in this section is intended to refer to McKenzie Lake or Pond.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, stream, ditch, gutter or other natural channel or permeable artificial pipe or conduit of every kind, the waters of which when running whether continuously or occasionally, eventually flow or may flow into McKenzie Lake or Pond.

(3) Wherever in this section a linear distance of a structure or object from the lake or from a watercourse is mentioned, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of Mckenzie Lake or Pond, or to the edge, margin or precipitous bank forming the ordinary normal high-water mark of such watercourses.

(c) Privies adjacent to the lake and watercourses. (1) No water closet, privy, privy vault, pit or cesspool or other place or receptacle of any kind whatever used for the temporary or permanent deposit, reception or storage of human excreta shall be constructed, located, placed, maintained or allowed to remain within 300 feet of the lake or within 200 feet of any watercourse.

(2) No water closet, privy, privy vault, pit, cesspool or other place or receptacle of any kind, used for the temporary or permanent deposit, reception or storage of human excreta, other than the watertight, removable receptacles hereinafter prescribed, shall be located, placed, maintained or allowed to remain within 600 feet of the lake or of any watercourse.

(3) Every water closet, privy or place for the deposit, reception or storage of human excreta which is constructed, located, maintained or allowed to remain within the aforesaid 600 feet of the lake or of any watercourse shall be arranged in such manner that all of said excreta shall be received and temporarily retained in suitable vessels or receptacles, which shall at all times be maintained in an absolutely watertight condition and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(4) The excreta collected in the aforesaid removable receptacles shall be removed to the garbage lot of the village of Saranac Lake, New York, or other accessible and suitable place outside of the watershed of the said McKenzie Lake and the receptacles emptied, cleansed and deodorized as often as may be found necessary to maintain the privy in thoroughly sanitary condition and to effectually and strictly prevent any overflow whatever 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 herein specified and that the least possible annoyance or inconvenience be caused to the occupants of the premises or of adjoining premises. The excreta removed shall be thoroughly buried and covered in trenches or thoroughly dug into the soil in such place and manner that no sanitary harm, annoyance or objection may result therefrom.

(5) Whenever it shall be found that, owing to the character of the soil or the surface of the ground or to the height or flow of the subsoil or surface water or other special local condition, the excretal matter from any privy or aforesaid receptacle may, in the opinion of the State Commissioner of Health, be washed over the surface of the ground or through the soil into the lake or into any watercourse, then the said privy or receptacle for excreta shall, after due notice to the owner, 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, offal, garbage,putrescible matter, etc. (1) No sewage or excremental matter of any kind nor any compost or mixture containing the same shall be thrown, placed, led, conducted or discharged or allowed to escape or pass into the lake or any watercourse nor onto or into the ground within 600 feet of the lake or any watercourse.

(2) No offal, garbage or putrescible animal or vegetable matter of any kind nor any bath water, wash water or other polluted water or liquid shall be thrown, placed, led, conducted, discharged or allowed to escape or pass into the lake or into any watercourse, nor onto or into the ground within 300 feet from the lake or within 200 feet of any watercourse. (3) No clothing, bedding, carpet, harness, vehicle, utensil nor anything that pollutes water shall be washed, rinsed or placed in the lake or in any watercourse.

(e) Stables, animals, manure, etc. (1) No stable, cattle pen, pigsty, hog lot, poultry house, poultry yard, barnyard, hitching place or standing place for horses or other animals and no manure pile, compost heap, piles of fermented or decayed fruit, vegetables, roots, grain or other vegetable substances shall be located, placed, maintained or allowed to remain in such place or manner that the washings or drainage therefrom may flow by open, blind or covered drains or channels of any kind into McKenzie Lake or into any pond, reservoir, spring, stream, ditch, gutter or watercourse aforesaid, without first having passed over or through the soil in a scattered, dissipated form and not concentrated in definite lines of flow for a distance of at least 300 feet before entering the lake or at least 200 feet before entering any watercourse, and in no case shall the distance of any of the above named objects, places or material be less than 300 feet from the lake nor less than 200 feet from any watercourse.

(2) No manure or compost of any kind shall be deposited or spread upon the ground so as to be washed in a scattered, dissipated form and not concentrated in definite lines of flow for a distance less than 300 feet before entering the lake nor less than 200 feet before entering any watercourse.

(f) Bathing, boating, camps and cottages. (1) No person shall wash, bathe or swim in the lake nor in any watercourse within one mile of its mouth at the lake.

(2) No raft, boat, launch or other craft shall be kept or used for any purpose on the lake, except that one row boat may be kept by the water department of the village of Saranac Lake and used only for purposes necessary to the operation, use or maintenance of the lake as a source of water supply to the village of Saranac Lake, and when not so used shall be so kept or fastened as not to be used for any other purpose nor by any other person than the one duly authorized by the said water department.

(3) No person or persons shall erect, maintain, use or occupy any tent, camp, cottage or other structure on any state land within a distance of 300 feet from the shore of the said lake or any watercourse flowing into it; and no person or persons, except representatives of the sewer and water board or board of health for some necessary purpose in connection with the said water supply, shall, when the said lake is frozen, enter upon the ice thereon or travel over the same either on foot or otherwise.

(g) General prohibition. All persons are hereby forbidden to pollute or defile by any means or to be or become in any manner accessory to the pollution or the defiling by any means of the waters of said McKenzie Lake or any of its tributaries, either on or in the waters of the lake or any watercourse or on the banks or adjacent land, in such manner as thereby to pollute the waters of the lake or any watercourse.

(h) Inspections. The water department of the village of Saranac Lake shall maintain systematic and thorough inspections of the lake, its watercourses and its drainage area for the purpose of determining whether the above rules are complied with. At least four such inspections shall be made each year, and such other or special inspections shall be made when directed by the State Commissioner of Health. Full and detailed reports of each such regular and special inspection shall be made in writing by the water department to the State Commissioner of Health within five days of the date of completion and within 10 days of the date of beginning each such inspection.

(i) Penalty. In accordance with the provisions of section 70 of chapter 661 of the Laws of 1893, as finally amended by chapter 484 of the Laws of 1904, the penalty for each and every violation of or noncompliance with any of the above rules or regulations which relate to a permanent source or act of contamination or to a permanent violation is hereby fixed at $100.
 

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DISTRICTS

Section 114.20 - Schroon Lake Water District, town of Schroon

DISTRICTS

114.20 Schroon Lake Water District, town of Schroon.

(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 Horseshoe Pond and to all watercourses and drainage areas tributary thereto or ultimately discharging into said pond, such bodies of water being sources of the public water supply of the Schroon Lake Water District, in the town of Schroon, Essex County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to Horseshoe Pond 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 Horseshoe Pond and artificial reservoirs or 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 Schroon Lake Water District.

(3) Wherever a linear distance of a structure or object from a reservoir or from a watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit or other receptacle of any kind, placed or used for either the temporary storage or the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 200 feet of any reservoir or watercourse tributary to the public water supply of the Schroon Lake Water District.

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

(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 watercourse tributary to the public water supply of the Schroon Lake Water District.

(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 Schroon Lake Water District, 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 watercourse tributary to the public water supply of the Schroon Lake Water District.

(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 Schroon Lake Water District, 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 200 feet of any reservoir or 100 feet of any watercourse tributary to the public water supply of the Schroon Lake Water District.

(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 Schroon Lake Water District.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in Horseshoe Pond within 1,000 feet of the intake, 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 Schroon Lake Water District. 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 Schroon Lake Water District.

(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 with 200 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the Schroon Lake Water District, and none of the above named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any reservoir or any watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 200 feet from any reservoir or 50 feet from any watercourse tributary to the public water supply of the Schroon Lake Water District.

(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 Schroon Lake Water District, 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 500 feet of any reservoir or watercourse tributary to the public water supply of the Schroon Lake Water District; 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 50 feet of any watercourse tributary to the public water supply of the Schroon Lake Water District.

(4) No decayed or fermented fruit or vegetables, roots, grain, cider mill wastes or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in any such place that the drainings, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 200 feet from any reservoir or 100 feet from any watercourse tributary to the public water supply of the Schroon Lake Water District. (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 or allowed to escape or to pass into any reservoir or watercourse, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any 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 watercourse tributary to the public water supply of the Schroon Lake Water District.

(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 the waters or ice of any reservoir tributary to the public water supply of the Schroon Lake Water District within 1,000 feet of the intake, except by duly authorized employees of the Schroon Lake Water District in the performance of their duties of supervision and maintenance of the public water supply of the Schroon Lake Water District.

(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 reservoir or watercourse tributary to the public water supply of the Schroon Lake Water District.

(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 Schroon Lake Water District.

(j) 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 Schroon Lake Water District.

(k) Inspections. The board of water commissioners of the Schroon Lake Water District or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the Schroon Lake Water District or the duly appointed representatives of any such board shall make regular and thorough inspections of the reservoirs, watercourses and drainage area 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.

(l) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.
 

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INSTITUTIONS

Section 114.35 - State Hospital at Raybrook

INSTITUTIONS

114.35 State Hospital at Raybrook.

(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 natural and artificial reservoirs, watercourses and drainage areas tributary thereto, used as sources of the water supply of the State Hospital for the Treatment of Incipient Pulmonary Tuberculosis at Raybrook, New York.

(b) Definitions. (1) For the purposes of this section institution means the State Hospital for the Treatment of Incipient Pulmonary Tuberculosis at Raybrook, New York.

(2) Water supply means the water supply of the State Hospital for the Treatment of Incipient Pulmonary Tuberculosis at Raybrook, New York.

(3) Reservoir means Alford Pond and the intake reservoir on the outlet stream of said pond and any additional reservoir which may be constructed or used for water supply for the institution.

(4) Watercourse means any spring, stream, marsh or channel of any kind, the waters of which flow or may flow into the water supply of the State Hospital for the Treatment of Incipient Pulmonary Tuberculosis at Raybrook, New York.

(5) 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, for either the temporary storage or the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 200 feet of any reservoir or watercourse tributary to the water supply of the institution.

(2) No privy, privy vault, pit, cesspool or other receptacle, placed or used for the permanent deposit of human excreta and which is not watertight, shall be constructed, located, placed, maintained or allowed to remain within 250 feet of any reservoir or watercourse tributary to the water supply of the institution.

(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 paragraphs (1) and (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 be thoroughly covered while being transported 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 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 watercourse tributary to the water supply of the institution.

(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 water supply of the institution, 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 250 feet of any reservoir or watercourse tributary to the water supply of the institution. (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 water supply of the institution, nor shall any such liquid or solid refuse or waste matter be thrown or discharged upon the surface of the ground or into the ground beneath the surface (except into watertight receptacles or removable containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 100 feet of any reservoir or watercourse tributary to the water supply of the institution.

(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 water supply of the institution.

(e) Bathing, boating, fishing and ice cutting. No person shall bathe, boat, fish or cut ice and no domestic animal or poultry shall be allowed to stand, wallow, wade or swim, nor be washed or watered in the intake reservoir of the water supply of the institution.

(f) Animals, manure, compost and barnyards. (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 reservoir or watercourse tributary to the water supply of the institution.

(2) 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 water supply of the institution, 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 500 feet of any reservoir or watercourse tributary to the water supply of the institution; and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet of any reservoir or watercourse tributary to the water supply of the institution.

(3) No decayed or fermented fruit or vegetables, roots, grain, cider mill wastes or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain within 100 feet from any reservoir or watercourse tributary to the water supply of the institution.

(g) 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 or allowed to escape or to pass into any reservoir or any watercourse tributary to the water supply of the institution, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or watercourse tributary to the water supply of the institution.

(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 reservoir or any watercourse tributary to the water supply of the institution.

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

(j) Inspections. The superintendent of the institution or such other person or persons as may be charged with the maintenance or supervision of the water supply of the institution 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 superintendent 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 superintendent to promptly notify the State Commissioner of Health of such violations. The superintendent 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) General clause. In addition to observing the foregoing requirements all persons living on or visiting a watershed shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply of the institution.

(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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Part 115 - Franklin County

PART 115
FRANKLIN COUNTY
(Reserved for possible future regulations.)

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Part 116 - Fulton County

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CITIES

Section 116.1 - City of Gloversville

CITIES

Section 116.1 City of Gloversville. (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 Rice, Port, Jackson Summit, Cameron and Dixon Reservoirs and those tributaries which now serve or which may be developed in the future to serve as sources of the public water supply of the City of Gloversville, Fulton County, New York, 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 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.

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

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

(16) Water supply shall mean the public water supply of the City of Gloversville, Fulton 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 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 facility and (iii) a properly designed, constructed and operated treatment works that has been approved by the appropriate State agency having jurisdiction over such facility.

(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 on transferring its contents to a transportable receptacle, all necessary care shall be exercised to prevent contamination of any reservoir or watercourse. All of 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 facility.

(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 facility. Standards for waste treatment works as published from time to time by the appropriate State agency having jurisdiction over such facility 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 on the watershed (excepting into watertight receptacles or watertight pipes connected to a sewage disposal system approved by the appropriate State agency having jurisdiction over such facility) 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 facility.

(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) Junkyard. 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 City of Gloversville.

(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 City of Gloversville.

(j) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the City of Gloversville except by duly authorized employees of the City of Gloversville 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 City of Gloversville within 1000 feet of the water supply intakes except by duly authorized employees of the City of Gloversville 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 over such facility.

(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 following standards for raw water quality:

Items Specifications

1. Floating solids; settleable solids; None attributable to sewage, sludge deposits; tastes or industrial wastes or other wastes.

producing substances

2. Sewage or wastes effluents None which are not effectively disinfected.

3. pH Range between 6.5 and 8.5.

4. Dissolved oxygen For trout waters, greater than 5.0 parts per million; for non-trout waters, greater than 4.0 parts per million. None alone or in combination

5. Toxic wastes, oil, deleterious with other substances or wastes in colored or other sufficient amounts or at such or heated liquids temperatures as to make the waters unsafe or unsuitable as a source of water supply for drinking, culinary or food processing purposes. Provided further, that the concentration or quantity of the constitutents or characteristics hereinafter set forth shall not exceed the allowable limits established therefor. Constitutent or characteristic Allowable limits

Physical

Turbidity 5 units

Microbiological

Coliform organism 50 per 100 ml.

Inorganic chemicals (Concentration in mg/1)

Ammonia (NH3) <2.0

Arsenic (As) 0.05

Barium (Ba) 1.0

Boron(B) 1.0

CCE 0.2

Cadmium (Cd) 0.01

Chloride (Cl) 250.

Chromium (Hexavalent) (Cr + 6) 0.05

Copper (Cu) <0.2

Cyanide (CN) <0.1

Fluoride (F) <1.5

Lead (Pb) 0.05

Mercury (Hg) 0.005

Nitrates (NO3) + Nitrites (NO2) 10.

Selenium (Se) 0.01

Silver (Ag) 0.05

Sodium (Na) <20.

Sulfate (SO4) 250.

Total dissolved solids 500.

Uranyl ion <5.0

Zinc (Zn) <0.3

Organic chemicals (Concentration in mg/1)

Organic nitrogen 0.5

Oxygen consumed 2.0

Phenols 0.001

Pesticides

Aldrin 0.017

Chlordane 0.003

DDT 0.042

Dieldrin 0.017

Endrin 0.001

Heptachlor 0.018

Heptachlor epoxide 0.018

Herbicides 0.1

Lindane 0.056

Methoxychlor 0.035

Organic phosphates + carbamates 0.1

Toxaphene 0.005

Radioactivity (Concentration in pc/1)

Gross beta 1000.

Radium--226 3.

Strontium--90 10.

(o) Inspections. The board of water commissioners of the City of Gloversville or any duly appointed person or persons as may be charged with 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 board of water commissioners of the City of Gloversville or any such duly appointed person or persons as may be charged with maintenance or supervision of the water supply to cause copies of any rules and regulations violated to be served upon the persons violating the same together with notice 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 board of water commissioners of the City of Gloversville or any such duly appointed person or persons as may be charged with maintenance or supervision of the water supply to promptly notify the State Commissioner of Health of such violations. The aforesaid board of water commissioners of the City of Gloversville or any duly appointed person or persons as may be charged with maintenance or supervision of the water supply 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 of these rules and regulations shall be those prescribed by section 1103 of the Public Health Law.
 

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Section 116.2 - City of Johnstown

116.2 City of Johnstown. (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 the wells located just off Maple Avenue, Keck Center Reservoir, Cold Brook Reservoir, and those tributaries which now serve or which may be developed in the future to serve as sources of the water supply of the City of Johnstown, Fulton County, New York.

(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, or to the extension of the centerline of a well.

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

(7) 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.

(8) Refuse shall mean all putrescible and nonputrescible solid wastes including garbage, manure, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid commercial and industrial wastes.

(9) 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.

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

(11) 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.

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

(13) 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.

(14) Treatment works shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, construction 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.

(15) Water supply shall mean the public water supply of the City of Johnstown, Fulton County, New York.

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

(17) Watershed shall mean the entire drainage area contributing water to the City of Johnstown water supply.

(18) Well shall mean the well now used as a source of water supply for the City of Johnstown or to any additional well which may be constructed at this point as a source for this water supply.

(c) General prohibitions. No person, including State agencies or political subdivisions having jurisdiction, shall perform any at 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, watercourse or well.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of any reservoir, watercourse or well except in weather-proof buildings or watertight vessels.

(3) Herbicides and pesticides. No herbicides or pesticides shall be stored, discharged, applied or allowed to enter into any reservoir, watercourse or well 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 shall be deposited or allowed to escape into any reservoir or watercourse on the watershed, or allowed to remain within 250 feet of a well.

(ii) No human excreta shall be deposited or spread upon the surface of the ground at any point on the watershed or within 250 feet of a well.

(iii) No human excreta 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 or storage of human excreta 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 50-foot linear distance of any reservoir or watercourse or within 250 feet linear distance of a well.

(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.

(ix) 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 the ground on the watershed (excepting into watertight receptacles or watertight pipes connected to a sewage disposal system approved by the appropriate State agency having jurisdiction over such facility) within 50 feet linear distance of any reservoir or watercourse or within 250 feet linear distance of any well. 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 facility. It is provided, however, that no such watertight pipe shall be located within 15 linear feet of a well.

(5) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of any reservoir, watercourse or well nor within a 1,000-foot linear distance of any reservoir, watercourse or well 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 or swimming shall be allowed in any reservoir or watercourse owned by the City of Johnstown.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the City of Johnstown except by duly authorized employees of the community 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 Johnstown within a 1,000-foot linear distance of the water supply intakes except by duly authorized employees of the City of Johnstown in the performance of their duties of supervision and maintenance of the water supply. Also, no trespassing shall be allowed upon the property of the City of Johnstown upon which a well is located and no person or persons shall enter in or upon such property except such persons as may be authorized to enter said property by the said city. (7) Solid waste. (i) Junkyards. No junkyard shall be located within a 250-foot linear distance of any well, reservoir or watercourse.

(ii) Refuse. No refuse shall be maintained or allowed to remain within a 250-foot linear distance of any reservoir, watercourse or well.

(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, watercourse or well.

(9) Miscellaneous. 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 Johnstown.

(e) Inspections. The Common Council of the City of Johnstown or any person or persons charged with the maintenance or supervision of the public water supply system shall by its officers or their duly appointed representative make regular and thorough inspections of the reservoir, watercourses, watershed and areas surrounding the wells to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid Common Council of the City of Johnstown 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 Common Council of the City of Johnstown to promptly notify the State Commissioner of Health of such violations. The aforesaid Common Council of the City of Johnstown 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 and area surrounding the wells 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.
 

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VILLAGES

Section 116.3 - Village of Broadalbin

VILLAGES

116.3 Village of Broadalbin. (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 the wells which comprise the source of the public water supply of the Village of Broadalbin. Said wells are located on land owned by the Village of Broadalbin and are situated at the following three locations:

(1) Well site on South Second Avenue;

(i) well No. 1 approximately 170 feet west of South Second Avenue;

(ii) well No. 2 approximately 475 feet west of South Second Avenue;

(iii) well No. 3 approximately 425 feet west of South Second Avenue;

(iv) well No. 4 approximately 140 feet west of South Second Avenue; and

(v) well No. 4A approximately 130 feet west of South Second Avenue.

(2) Well site on Mill Street approximately 30 feet north of Mill Street;

(3) Well site on North Second Avenue approximately 400 feet west of North Second Avenue.

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

(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 the structure or object to the extension of the centerline of the wells.

(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.

(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 nonputrescible solid wastes including garbage, manure, rubbish, ashes, incinerator residue, street cleaning, 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) 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.

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

(13) 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.

(14) Treatment works shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, construction drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary land fill or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.

(15) Water supply shall mean the public water supply of the Village of Broadalbin.

(16) Wells shall mean wells now used as a source of this water supply or any additional wells which may be constructed at this point as a source for this 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 the wells.

(2) Chloride salt. No chloride salt shall be stored within a 500-foot linear distance of the wells except in weather-proof buildings or watertight vessels. (3) Herbicides and pesticides. No pesticides or herbicides shall be stored, discharged, applied or allowed to remain within a 500-foot linear distance of the wells unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(4) Human excreta and sewage.

(i) No privy, privy vault, pit or other receptacle of any kind for either the temporary storage or the permanent deposit of human excreta or sewage shall be constructed, located, placed, maintained or allowed to remain within a 250-foot linear distance of the wells.

(ii) No human excreta or sewage shall be deposited or spread upon or beneath the surface of the ground within a 250-foot linear distance of the wells.

(iii) No sewage or polluted liquid of any kind shall be discharged or allowed to flow on or beneath the surface of the ground within a 250-foot linear distance of the wells; except in watertight pipes connected to a sewage disposal system or treatment works for which a permit has been granted by the appropriate State agency having jurisdiction over such facility. No such watertight pipe shall be located within a 15-foot linear distance of the wells.

(5) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 500-foot linear distance of the wells and not within a 500-foot to a 1,000-foot linear distance of the wells unless authorization has been obtained from the appropriate State agency and such burial is in accordance with provisions of Part 16 of this Title.

(6) Solid waste.

(i) Junkyards. No junkyard shall be located within a 250-foot linear distance of the wells.

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

(iii) Refuse disposal area. No refuse disposal area shall be located within a 500-foot linear distance of the wells.

(7) Toxic 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 a 500-foot linear distance of the wells.

(8) Trespassing. No trespassing shall be allowed upon the property of the Village of Broadalbin upon which the wells are located and no person or persons shall enter in or upon such property except the person or persons authorized to enter said property by the Village of Broadalbin.

(e) Inspections. The board of trustees of the Village of Broadalbin 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 area surrounding the wells to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid 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 board of trustees to promptly notify the State Commissioner of Health of such violations. The aforesaid 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 area surrounding the wells 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.
 

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Section 116.4 - Village of Northville

116.4 Village of Northville. (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 the Northville Reservoir and all watercourses tributary thereto or which may ultimately discharge into said Northville Reservoir or which may be developed in the future to serve as sources of the water supply to the village of Northville, Fulton County, N.Y.

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

(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 nonputrescible 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 village of Northville 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 village of Northville, Fulton County, N.Y.

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

(18) Watershed shall mean the entire drainage area contributing water to the village of Northville 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 50-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 in 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 village of Northville.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the village of Northville, except by duly authorized employees of the village 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 village of Northville within a 1,000-foot linear distance of the water supply intakes, except by duly authorized employees of the village 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 village of Northville.

(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 board of trustees of the village of Northville or any person or persons charged with the maintenance or supervision of the public water supply system shall, by its officers or their duly appointed representative, make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain whether the rules and regulations set forth in this section are being complied with. It shall be the duty of the aforesaid 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 board of trustees to promptly notify the State Commissioner of Health of such violations. The aforesaid 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.

(f) Penalties for violations. Penalties for violations of these rules and regulations shall be those specified by section 1103 of the Public Health Law.
 

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Part 117 - Genesee County

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Section 117.1 - Village of LeRoy (Little Beard Creek)

Section 117.1 Village of LeRoy (Little Beard Creek). (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 Little Beard Creek 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 LeRoy, Genesee County, N.Y.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to all impounding and storage reservoirs on Little Beard Creek which are tributary to or serve as a source of the aforesaid public water supply and to 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 artificial reservoirs or filter basins), stream, ditch, gutter or channel of any kind, the waters of which, when running whether continuously or occasionally, eventually flows or may flow into the aforesaid reservoirs forming part of the public water supply of the village of LeRoy.

(3) Whenever a linear distance of a structure or object from a reservoir or from a watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 75 feet of any reservoir or watercourse tributary to the public water supply of the village of LeRoy.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 200 feet of any reservoir or watercourse tributary to the public water supply of the village of LeRoy.

(3) No cesspool, pit or other receptacle of any kind used for the temporary 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 distance 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 receptacle 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 specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid watertight receptacles or removable containers permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits and covered with not less than 12 inches of soil in such a manner as effectually to prevent their being washed over the surface of the ground by rain or melting snow and at a distance of not less than 300 feet from any reservoir or watercourse tributary to the public water supply of the village of LeRoy.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid 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 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 watercourse tributary to the public water supply of the village of LeRoy, nor shall any such liquid or solid matter 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 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 LeRoy.

(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 LeRoy, 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 paragraph (4) of subdivision (c)) within 100 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the village of LeRoy.

(3) No clothing, bedding, carpets, harnesses, vehicle, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in, 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 LeRoy. 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 LeRoy.

(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 50 feet from any reservoir or watercourse tributary to the public water supply of the village of LeRoy, 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 drainage, 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 50 feet from any reservoir or watercourse tributary to the public water supply of the village of LeRoy.

(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 LeRoy 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 18 inches below the surface nor within a distance of 200 feet from any reservoir or watercourse tributary to the public water supply of the village of LeRoy, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 50 feet from any reservoir or watercourse tributary to the public water supply of the village of LeRoy.

(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 50 feet before entering any reservoir or watercourse tributary to the public water supply of the village of LeRoy. (f) Dead animals, offal, manufacturing wastes, etc. No dead animals, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse. Nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or watercourse tributary to the public water supply of the village of LeRoy.

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

(i) Cemeteries. No interment of a human body shall be made within a distance of 300 feet from any reservoir or from any watercourse tributary to the public water supply of the village of LeRoy.

(j) Inspections. The board of water and light commissioners of the village of LeRoy 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 and light 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 and light commissioners to promptly notify the State Commissioner of Health of such violations. The board of water and light 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.
 

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Section 117.2 - Village of LeRoy (Mud Creek)

117.2 Village of LeRoy (Mud Creek).

(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 heretofore set forth, shall apply to all natural and artificial reservoirs on Mud Creek and to all water courses tributary thereto or ultimately discharging into said reservoirs, these bodies of water being sources of the public water supply of the village of LeRoy, Genesee County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to all storage and impounding reservoirs on the Mud Creek which are tributary to or which serve as sources of this public water supply or to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and filter basins), stream, ditch, gutter or other channel of every kind the waters of which HEALTH 10B when running whether continuously or occasionally eventually flow or may flow into the public water supply of the village of LeRoy.

(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, 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 75 feet of any reservoir or watercourse tributary to the public water supply of the village of LeRoy.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 200 feet of any reservoir or watercourse tributary to the public water supply of the village of LeRoy.

(3) No cesspool, pit or other receptacle of any kind used for the temporary 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 distance 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 Department of Health, the excreta collected in the aforesaid removable receptacle 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 some suitable point off the watershed tributary to the public water supply of the village of LeRoy.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid 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 or flow in any matter either directly or indirectly into any reservoir or any watercourse tributary to the public water supply of the village of LeRoy, nor shall any such matters be thrown, placed, led, discharged or allowed to escape beneath the surface except into watertight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 200 feet of any reservoir or watercourse tributary to the public water supply of the village of LeRoy.

(2) 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 or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse within a distance of 100 feet from any reservoir or watercourse tributary to the public water supply of the village of LeRoy.

(3) No clothing, bedding, carpets, harnesses, vehicle, receptacles, utensils, not anything that pollutes water, shall be washed, rinsed or placed in any reservoir or watercourse.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir or watercourse, nor shall any animals or poultry be allowed to stand, wallow, wade or swim in any reservoir or watercourse nor be washed therein. The watering of animals or poultry in any reservoir of the public water supply of the village of LeRoy is prohibited; nor shall any such watering be allowed in any watercourse tributary to the water supply within 1000 feet up stream from the impounding reservoir on Mud Creek. No watering place shall be maintained in such a way as to pollute with muddy leachings or excretal matters any streams tributary to the public water supply of the village of LeRoy.

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

(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 LeRoy 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 18 inches below the surface nor within a distance of 200 feet from any reservoir or watercourse tributary to the public water supply of the village of LeRoy and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 5O feet from any reservoir or watercourse tributary to the public water supply of the village of Leroy.

(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 50 feet before entering any reservoir or watercourse tributary to the public water supply of the village of LeRoy. (f) Dead animals, offal, manufacturing wastes, etc. No dead animals, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse. Nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or watercourse tributary to the public water supply of the village of LeRoy.

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

(i) Cemeteries. No interment of a human body shall be made within a distance of 300 feet from any reservoir or from any watercourse tributary to the public water supply of the village of LeRoy.

(j) Inspections. The board of water and light commissioners of the village of LeRoy 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 and light 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 and light commissioners to promptly notify the State Commissioner of Health of such violations. The board of water and light 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.
 

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Section 117.3 - Village of Oakfield

117.3 Village of Oakfield.

(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 Mercer Creek 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 Oakfield, Genesee County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to the intake reservoir on Mercer Creek, which is tributary to or which serves as a source of the aforesaid 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 Oakfield.

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

(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 reservoir or within 75 feet of any watercourse tributary to the public water supply of the village of Oakfield.

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

(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 of 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. (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 Oakfield, 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 200 feet of any reservoir or 75 feet of any watercourse tributary to the public water supply of the village of Oakfield.

(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 Oakfield, nor shall any such liquid or solid refuse or waste matter be thrown or discharged upon the surface of the ground or into the ground beneath the surface (except into watertight receptacles or removable containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 100 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the village of Oakfield.

(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 Oakfield.

(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 Oakfield. 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 Oakfield.

(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 100 feet of any reservoir or 25 feet of any watercourse tributary to the public water supply of the village of Oakfield, and none of the above-named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any reservoir or any watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 100 feet from any reservoir or 25 feet from any watercourse tributary to the public water supply of the village of Oakfield.

(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 Oakfield, 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 500 feet of any reservoir or 300 feet of any watercourse tributary to the public water supply of the village of Oakfield; and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet of any reservoir or 25 feet of any watercourse tributary to the public water supply of the village of Oakfield.

(4) No decayed or fermented fruit or vegetables, roots, grain, cider mill wastes or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in any such place that the drainings, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings, shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 50 feet from any reservoir or 25 feet of any watercourse tributary to the public water supply of the village of Oakfield. (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 or allowed to escape or to pass into any reservoir or any watercourse tributary to the public water supply of the village of Oakfield, 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 watercourse tributary to the public water supply of the village of Oakfield.

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

(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 reservoir or 300 feet of any watercourse tributary to the public water supply of the Village of Oakfield.

(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 Oakfield.

(j) Inspections. The board of trustees of the Village of Oakfield 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 Oakfield 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 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 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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Part 118 - Greene County

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Statutory Authority: 
Public Health Law, Section 1100

Section 118.1 - Village of Athens

Section 118.1 Village of Athens. (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 Hollister Lake and all watercourses tributary thereto or which may ultimately discharge into said Hollister Lake or which may be developed in the future to serve as sources of the water supply to the Village of Athens.

(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 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 nonputrescible solid wastes including garbage, manure, rubbish, ashes, incinerator residue, street cleaning, 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 Village of Athens 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 Village of Athens.

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

(18) Watershed shall mean the entire drainage area contributing water to the Village of Athens 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 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 50-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 Village of Athens.

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

(iii) Fishing and trespassing. No fishing or trespassing shall be allowed in or upon any reservoir or watercourse owned by the Village of Athens within a 1,000-foot linear distance of the water supply intakes except by duly authorized employees of the Village of Athens in the performance of their duties of supervision and maintenance of the water supply. Fishing elsewhere on the reservoir will be by permit only. Permits will be issued at the discretion of the board of trustees of the Village of Athens.

(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 the 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 Village of Athens.

(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 board of trustees of the Village of Athens or any person or persons charged with the maintenance or supervision of the public water supply system shall by its officers or their duly appointed representative make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain whether the rules and regulations set forth in this section are being complied with. It shall be the duty of the aforesaid board of trustees of the Village of Athens 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 board of trustees of the Village of Athens to promptly notify the State Commissioner of Health of such violations. The aforesaid board of trustees of the Village of Athens 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.
 

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Section 118.2 - Village of Catskill

118.2 Village of Catskill.

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, shall apply to all natural and artificial reservoirs on the west branch of Potuck Creek (Cob Creek on U. S. Geological Survey Sheet) 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 Catskill, Greene 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 Potuck Creek, which serves as the source of the aforesaid public water supply, and to any additional reservoir which may hereafter 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, lake (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 Catskill.

(3) Wherever a linear distance of a structure or object from a reservoir or from a watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit or other receptacle of any kind, placed or used for either the temporary storage or the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 200 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the village of Catskill, except a properly constructed and operated sewage disposal plant, as hereinafter set forth in paragraph (2) of subdivision (d), provided, however, that the property on which the privy, privy vault, pit or any other receptacle intended for the deposit of human excreta 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.

(2) Every privy, privy vault, pit or other receptacle, used or intended for either the temporary storage or the permanent deposit of human excreta and built on property which is so located, bounded or otherwise placed that the distance prescribed in paragraph (1) of this subdivision cannot be obtained within the limits of such property, shall be placed as far as possible from any reservoir or watercourse and specially 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 board of water commissioners of the village of Catskill and so located that the top of such receptacles shall be above the highest known water level of the reservoir or watercourse.

(3) Whenever a privy, privy vault, pit or other receptacle of any kind or any vessel, can or other container, used for either the temporary storage or the permanent disposal of human excreta, is specially constructed and made watertight and located nearer any reservoir or watercourse than the distances prescribed in paragraph (1) of this subdivision, such receptacles shall be emptied at regular intervals and disinfected as often as may be necessary to maintain them in a proper sanitary condition and effectually to prevent any overflow. The work of emptying and disinfecting these receptacles shall be done under the supervision of or in accordance with the direction of the board of water commissioners and in such manner as to effectually prevent any pollution of the water supply of the village of Catskill.

(4) No privy, privy vault, pit, cesspool or other receptacle, which is not watertight, placed or used for the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or 100 feet of any watercourse tributary to the public water supply of the village of Catskill.

(5) 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 (4) 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 (6) and (7) of this subdivision. (6) 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.

(7) 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 (5) 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 400 feet from any reservoir or 150 feet from any watercourse tributary to the public water supply of the village of Catskill.

(8) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal may, in the opinion of the State Commissioner of Health, be washed over the surface of the ground or through the soil in an imperfectly purified condition into any reservoir or watercourse, then the said privy or receptacle for excreta or the said trench or place of disposal shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage, sink wastes, garbage, etc. (1) No bath water, laundry wastes, sewage or other excremental matter from any water closet, privy, cesspool or other source, except the effluent from a properly constructed and operated sewage disposal plant as hereinafter provided by paragraph (2) of this subdivision, shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner, either directly or indirectly, into any reservoir or any watercourse tributary to the public water supply of the village of Catskill, 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 (6) and (7) 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 Catskill.

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

(3) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any garage, dairy or cheese factory nor water in which milk cans, utensils, clothing, bedding, carpets or harness have been washed or rinsed nor any polluted water or liquid of any kind, except the effluent from a properly constructed and operated sewage disposal plant as provided by paragraph (2) of this subdivision, shall be thrown or discharged directly or indirectly into any reservoir or any watercourse tributary to the public water supply of the village of Catskill, 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 (6) and (7) of subdivision (c)) within 100 feet of any reservoir or 25 feet of any watercourse tributary to the public water supply of the village of Catskill.

(4) No clothing, bedding, carpet, harness, vehicle, receptacle, utensil nor anything that pollutes water shall be washed, rinsed or placed in any reservoir of the public water supply of the village of Catskill. (e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in, and no animal or poultry shall be allowed to stand, wallow, wade or swim nor be washed or watered in any reservoir of the public water supply of the village of Catskill. 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 Catskill.

(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 200 feet of any reservoir or 25 feet of any watercourse tributary to the public water supply of the village of Catskill, and none of the above named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 200 feet from any reservoir or 25 feet from any watercourse tributary to the public water supply of the village of Catskill.

(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 Catskill, 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 Catskill; 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 25 feet of any watercourse tributary to the public water supply of the village of Catskill.

(4) No decayed or fermented fruit, vegetables, roots, grain, cider mill wastes or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in any such place that the drainings, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 100 feet from any reservoir or 25 feet from any watercourse tributary to the public water supply of the village of Catskill.

(f) Dead animals, offal, industrial wastes, etc. No dead animal, bird, fish or any part thereof nor any offal or polluted industrial wastes of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse tributary to the public water supply of the village of Catskill, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or one hundred feet from any watercourse tributary to the public water supply of the village of Catskill.

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

(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 300 feet of any reservoir or 100 feet of any watercourse tributary to the public water supply of the village of Catskill. (i) Cemeteries. No interment of a human body shall be made nor shall any interred human body be allowed to remain within 300 feet of any reservoir or 100 feet of any watercourse tributary to the public water supply of the village of Catskill.

(j) Inspections. The said board of water commissioners of the village of Catskill 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 Catskill 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 said board of water commissioners to promptly notify the State Commissioner of Health of such violations. The said 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 118.3 - Village of Coxsackie

118.3 Village of Coxsackie. (Statutory authority: L. 1893, ch. 661)

(a) Human excreta. (1) No privy or place for the deposit or storage of human excreta shall be constructed, located or maintained within 5O feet, horizontal measurement, from the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse of any kind, the water in which, when running, flows eventually into a reservoir of the public water supply of the village of Coxsackie.

(2) No privy vault, pit or cesspool or nontransportable receptacle of any kind for the reception or storage of human excreta shall be constructed, located or maintained within 250 feet, horizontal measurement, from the high-water mark or precipitous bank of any reservoir or within 130 feet, horizontal measurement, from the high-water mark or precipitous bank of any spring, stream, ditch or watercourse, as aforesaid.

(3) Every privy or place for the deposit of human excreta which is constructed, located or maintained between the aforesaid limits of 50 and 250 feet, horizontal measurement, from the high-water mark or precipitous bank of any reservoir or 50 and 130 feet, horizontal measurement, from the high-water mark or precipitous bank of any spring, stream, ditch or watercourse as aforesaid and from which the said excreta is not at once removed automatically by means of suitable watertight pipes or conduits to some proper place of disposal beyond the maximum aforesaid limit shall be arranged in such manner that all said excreta shall be received and temporarily retained in suitable vessels or receptacles, which shall at all times be maintained in an absolutely watertight condition and which will admit of convenient removal to some place of ultimate disposal beyond the said maximum limit.

(4) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleansed and deodorized as often as is necessary to keep the receptacles in proper sanitary condition and to prevent an overflow of the excreta upon the soil or floor of said privy.

(5) The excreta so collected shall be removed so as to cause the least possible nuisance and shall be so disposed of that they can not be washed either over the surface or through the subsoil into any reservoir, spring, stream, ditch or watercourse of any kind as aforesaid and shall be so placed as not to cause an offensive nuisance.

(6) Whenever it shall be found that, owing to the porous character of the soil, the height and flow of surface and subsoil waters, the steepness of the slopes or other special conditions of the locality, the excremental matter from any privy, cesspool or other receptacle for human excreta may be washed over the surface or through the subsoil into a reservoir or any spring, stream, ditch or watercourse aforesaid without having been thereby, in the judgment of the State Board of Health, sufficiently purified, then the said privy, cesspool or other receptacle for human excreta shall, after due notice to the owner thereof, be removed to such greater distance from said high-water marks as shall be considered safe and proper by the State Board of Health.

(b) House slops, sink waste, laundry water and other similar sewage. (1) No sewage, house slops, sink wastes, water in which milk cans, clothes or bedding have been washed or rinsed nor any other polluted water or liquid shall be thrown or discharged directly into a reservoir or into any spring, stream, ditch or watercourse aforesaid, nor shall any such aforesaid liquid or solid matter or other polluted liquid be thrown or discharged upon the surface of the ground or into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid within 50 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

(2) No clothing, animals, vehicles nor anything which pollutes water shall be washed, nor shall any person bathe in any reservoir, spring, stream, ditch or watercourse aforesaid nor shall any cattle, horses, sheep, swine or other animals be allowed to enter, wallow or stand in any reservoir, spring, stream, ditch or watercourse aforesaid.

(c) Garbage and refuse. No garbage or putrescible refuse of any kind shall be thrown or discharged directly into any reservoir, spring, stream, ditch or watercourse aforesaid, nor shall any such substances be placed upon or below the surface of the ground where they may be washed into any reservoir, spring, stream, ditch or watercourse aforesaid within 50 feet of the high-water mark or precipitous bank thereof.

(d) Manures, composts and similar matter. (1) No stable, pigsty, henhouse, stableyard, barnyard, hogyard, duckyard, hitching or standing place for horses or cattle nor any compost or manure heap nor other place where animal manure accumulates shall be located or maintained within 100 feet of any reservoir, spring, stream, ditch or watercourse aforesaid. These and also watering places for horses or cattle or other animals must be so arranged that the polluted drainings therefrom shall not flow into any such reservoirs, springs, streams, ditches or watercourses without having undergone proper purification. Such drainings shall not be allowed to flow through open or covered drains within 50 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse as aforesaid without having undergone proper purification. (2) No human excreta or compost containing human excreta shall be spread upon the ground within 250 feet of the high-water mark or precipitous bank of a reservoir or within 130 feet of the high-water mark or precipitous bank of any stream, spring, ditch or watercourse aforesaid, and no manures or composts of any kind shall be deposited so as to be washed a less distance than 50 feet over the surface or through the subsoil into any reservoir, spring, stream, ditch or watercourse aforesaid without having undergone proper purification.

(e) Dead animals, vegetable refuse and manufacturing wastes. No dead animal, bird or fish, or part thereof, nor any filthy or impure matter, nor any decayed fruit or vegetable substance, nor any waste products, putrescible matter or polluted waters from any slaughterhouse, dairy, creamery, cider mill, sawmill or other manufactory shall be thrown or allowed to run into any reservoir, spring, stream, ditch or watercourse aforesaid, nor shall they be so deposited that any portion thereof or of the polluted drainage therefrom shall be washed on the surface or less than 50 feet through the subsoil into any reservoir, spring, stream, ditch or watercourse aforesaid, without having undergone proper purification.

(f) Cemeteries. No interment of a human body shall be made within 500 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

(g) Management of the reservoirs. (1) The reservoirs of the Coxsackie public water supply shall not be unnecessarily drawn down during the warm months but shall be kept as deep and as nearly at a uniform level as possible to prevent the pollution of the water with dead organic matter.

(2) No filter or screen shall be used when in a filthy condition and liable to pollute the water in the mains, and no filter or screen shall be used at the head of the main which cannot be constantly examined and cleaned.

(h) Penalty. In accordance with section 70 of chapter 661 of the Laws of 1893, a penalty of $50 is hereby imposed upon any corporation, person or persons guilty of a violation of or noncompliance with any of the above-given mandatory rules or regulations, to be recovered under the said act.
 

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Section 118.4 - Town of Prattsville

118.4 Town of Prattsville, Greene County. (a) Application. The rules and regulations set forth in this section duly made and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law, shall apply to the Huntersfield Creek and all watercourses tributary thereto or which may ultimately discharge into said Huntersfield Creek or which may be developed in the future to serve as sources of the water supply of the Town of Prattsville, Greene County.

(b) Definitions. (1) Agricultural associated animal waste shall mean manure obtained from agricultural industries.

(2) 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).

(3) Herbicide shall mean any substance used to destroy or inhibit plant growth.

(4) Human excreta shall mean human feces and urine.

(5) Junkyard shall mean an area where two or more unregistered, old or secondhand vehicles are being accumulated for purposes of disposal, resale of used parts or reclaiming certain materials such as metal, glass, fabric and/or the like.

(6) Linear distance shall mean the shortest horizontal distance from the nearest point of 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.

(7) Manure shall mean animal feces or urine.

(8) Nonagricultural associated animal waste shall mean manure obtained from nonagricultural industries.

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

(10) Pollutant shall mean dredge, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial and municipal wastes, and agricultural and nonagricultural associated animal wastes discharged into water.

(11) Radiation shall mean ionizing radiation, that is, any alpha particle, beta particle, gamma ray, X-ray, neutron, high-speed proton, and any other atomic particle producing ionization, but shall not mean any sound or radio wave, or visible, infrared, or ultraviolet light.

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

(13) Refuse shall mean all putrescible and nonputrescible solid wastes, including garbage, manure, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid commercial and industrial wastes.

(14) Refuse disposal area shall mean land used for the depositing of refuse, except that it shall not include the land used for 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 agricultural associated animal wastes resulting from the operation of such farm are deposited.

(15) Reservoir shall mean any natural or artificial lake or pond which is tributary to or serves as a source of the Town of Prattsville's water supply.

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

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

(18) Toxic substance shall mean any toxic substance as so defined by subdivision 2 of section 4801 of the Public Health Law.

(19) Treatment works shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary landfill, or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.

(20) Water supply shall mean the public water supply of the Town of Prattsville.

(21) Watercourse shall mean every spring, stream, marsh, or channel of water of any kind which flows or may flow into the Town of Prattsville's water supply.

(22) Watershed shall mean the entire drainage area contributing to the Town of Prattsville's 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) Agricultural waste. No manure or offal shall be deposited or allowed to escape into any reservoir or watercourse on the watershed.

(2) Cemeteries. No interment of a human body shall be made within a 250-foot linear distance of any reservoir or watercourse. (3) 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.

(4) 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.

(5) 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 50-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.

(6) 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 having jurisdiction and such burial is in accordance with the provisions of Part 16 of this Title.

(7) Recreation. (i) Bathing and swimming. No bathing and swimming shall be allowed in any reservoir or watercourse owned by the Town of Prattsville.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the Town of Prattsville except by duly authorized employees of the town 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 Town of Prattsville within a 1,000-foot linear distance of the water supply intakes except by duly authorized employees of the Town of Prattsville in the performance of their duties of supervision and maintenance of the water supply.

(8) 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 watercourses.

(9) Toxic substances. No container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 500-foot linear distance of any reservoir or watercourse, except as may otherwise be permitted under the provisions of this subdivision.

(10) 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 Town of Prattsville.

(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 the Town of Prattsville water district or any person or persons charged with the maintenance or supervision of the public water supply system shall make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain compliance with the rules and regulations set forth in this section. It shall be the duty of the aforesaid commissioner of said water district 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 such water district to promptly notify the State Commissioner of Health of such violations. The aforesaid commissioner of such water district 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.
 

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Part 120 - Herkimer County

Effective Date: 
Wednesday, March 28, 1990
Doc Status: 
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Statutory Authority: 
L. 1893, ch. 661; L. 1899, ch. 251; L. 1904, chs. 20 and 484; L. 1906, ch. 582

CITIES

Section 120.1 - City of Little Falls

CITIES

Section 120.1 City of Little Falls. (a) Application. The following rules and regulations shall apply to the following reservoirs belonging to the public water supply of the City of Little Falls, N.Y., and to all lakes, ponds, streams and other watercourses tributary thereto: Beaver Brook Reservoir, Spruce Creek Reservoir, Klondike Reservoir and the distributing reservoir near the City of Little Falls.

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

(2) The term watercourse wherever used in this section is intended to mean and comprise every spring, stream, ditch, gutter or other watercourse of any kind, the waters of which when running, whether continuously or occasionally, eventually flow or may flow into either of the above-named reservoirs of the public water supply of the City of Little Falls, N.Y.

(3) Wherever distances from reservoirs or watercourses are mentioned, they are intended to mean the horizontal distances from the high-water line of such reservoir or the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to reservoirs or watercourses. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for either temporary storage or the permanent deposit of human excreta shall be constructed, placed or maintained with its nearest point within 50 feet of any reservoir or watercourse of the Little Falls water supply.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed or maintained with its nearest point within 250 feet of any reservoir or watercourse of the Little Falls water supply. For points one mile or more distant upstream from the Beaver Brook Reservoir, Spruce Creek Reservoir, and Klondike Reservoir, on tributaries thereto, the above restricted distances shall be 150 feet and for points four miles or more up stream from these reservoirs the restricting distance shall be 50 feet.

(3) Every privy, privy vault, pit, cesspool or any other receptacle or place used for the temporary storage of human excreta which is constructed, located or maintained within the aforesaid 250 feet, 150 feet and 50 feet, horizontal measurement, of the high-water mark of any reservoir or watercourse of the Little Falls water supply, 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.

(4) The excreta collected in the aforesaid receptacles shall be removed and the receptacles thoroughly cleansed and deodorized 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 foundations or floor of the privy. In effecting this removal, the utmost care shall be exercised that none of the contents be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(5) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid receptacle shall, when removed, be disposed of by burying in trenches or by thoroughly digging it into the soil in such place and manner as to effectually prevent them being washed over the surface of the ground by rain or melting snow and at distances not less than 300 feet, horizontal measurement, from the high-water mark of any reservoir or not less than 200 feet from the edge, margin or precipitous bank of any watercourse of the Little Falls water supply.

(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, 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 into any reservoir or watercourse, then the said privy or such 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, house slops, sink waste, etc. (1) No house slops, bath water, sewage or excremental matter from any water closet, privy or cesspool shall be led, conducted or discharged by any pipe, drain or ditch into any reservoir or watercourse of the Little Falls water supply nor shall any such matter be placed, led, discharged or allowed to escape onto the surface of the ground or into the ground below the surface within 300 feet, horizontal measurement, from the high-water mark of any reservoir or within 200 feet, horizontal measurement, of the edge, margin or precipitous bank of any watercourse of the Little Falls water supply.

(2) No garbage, putrescible matter, kitchen or sink waste, refuse or waste from creameries, cheese factories, laundries nor waste water in which milk cans, utensils, clothes, bedding, carpets or harnesses have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse of the Little Falls water supply. Nor shall any such liquid or solid refuse or waste be thrown or discharged upon the surface of the ground or into the ground below the surface in any manner whereby the same may percolate, leach or flow into any reservoir or watercourse of the Little Falls water supply within 100 feet, horizontal measurement, of the high-water line of any reservoir or any watercourse of the Little Falls water supply.

(3) No clothing, bedding, carpets, harness, vehicle, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse of the Little Falls water supply.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir or watercourse of the Little Falls water supply, nor shall any animal or poultry be allowed to stand, wade or swim in said reservoir or watercourse nor to be washed therein. Points distant two miles or more up stream from the Beaver Brook Reservoir, Spruce Creek Reservoir and Klondike Reservoir, on tributaries thereof, are exempt from this restriction.

(2) No stable for cattle or horses, barnyard, hogpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be located, placed, maintained or allowed to remain with its nearest point less than 150 feet, horizontal measurement, from the high-water mark of any reservoir or any watercourse of the Little Falls water supply, and none of the above named objects or sources of pollution shall be so located, placed, maintained or allowed to remain that the drainage, leachings or washings from the same may enter any reservoir or watercourse of the Little Falls water supply 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 drainage, 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 before entering any reservoir or watercourse of the Little Falls water supply. For points distant one mile or more up stream from Beaver Brook Reservoir, Spruce Creek Reservoir and Klondike Reservoir, on tributaries thereof, this restricting distance shall be 100 feet; for points four miles or more distant up stream from these reservoirs the restricting distance shall be 50 feet.

(3) No human excrement or compost containing human excrement shall be placed, piled or spread upon the ground or dug or buried in the soil within a distance of 300 feet from the high-water line of any reservoir or watercourse of the Little Falls water supply.

(4) No manure or compost of any kind shall be placed, piled or spread upon the ground within 150 feet of the high-water line of any reservoir or watercourse of the Little Falls water supply. For points one mile or more distant up stream from the Beaver Brook Reservoir, Spruce Creek Reservoir and Klondike Reservoir, on the tributaries thereof, this restricting distance shall be 100 feet; and points four miles or more up stream from these reservoirs are exempt from this restriction.

(5) No decayed or fermented fruit or vegetable, cider mill waste, roots, grain or other vegetable refuse of any kind shall be located, placed, 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 of the Little Falls water supply without first having passed over or through such an extent of soil as to become properly purified, and in no case shall it be deemed that sufficient purification has been secured unless the above mentioned drainage, 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 75 feet before entering any reservoir or watercourse of the Little Falls water supply. Points one mile or more distant up stream from the Beaver Brook Reservoir, Spruce Creek Reservoir and Klondike Reservoir, on tributaries thereof, are exempt from this restriction. (f) Dead animals, offal, manufacturing waste, etc. No dead animal, bird, fish or any part thereof nor any offal nor refuse from any slaughterhouse nor any decomposable or putrescible refuse or waste matter of any kind shall be thrown, placed in or allowed to pass into any reservoir or watercourse of the Little Falls water supply, 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 reservoir or watercourse of the Little Falls water supply without first having 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 before entering any reservoir or watercourse of the Little Falls water supply. For points distant one mile or more up stream from the Beaver Brook Reservoir, Spruce Creek Reservoir and Klondike Reservoir, this restricting distance shall be 100 feet; and points four miles or more distant up stream from these reservoirs may have this restricting distance reduced to 50 feet.

(g) Penalty. In accordance with section 70 of chapter 661 of the Laws of 1893, as amended by chapter 251 of the Laws of 1899, the penalty for each and every violation of or noncompliance with any of the above rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $200.
 

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VILLAGES

Section 120.2 - Village of Dolgeville

VILLAGES

120.2 Village of Dolgeville. (Statutory authority: L. 1893, ch. 661; L. 1899, ch. 251; L. 1904, ch. 484; L. 1906, ch. 582)

(a) Application. The following rules and regulations shall apply to Cold Brook and to the impounding and distributing reservoir of the Dolgeville water supply, supplying the public water supply of the village of Dolgeville, Herkimer County, N.Y., and to all watercourses entering or ultimately discharging into said streams or bodies of water.

(b) Definitions. (1) The term reservoir whenever used in this section is intended to mean and comprise every natural or artificial reservoir, lake or pond which stores or detains water that enters or may enter the public water supply of the village of Dolgeville.

(2) The term watercourse wherever used in this section is intended to mean and comprise every spring, stream, ditch or gutter or other watercourse of any kind, the waters of which when running, whether constantly or occasionally, eventually flow or may flow into the public water supply of the village of Dolgeville.

(c) Privies adjacent to reservoirs or watercourses. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for either temporary storage or the permanent deposit of human excreta shall be constructed, placed or maintained within 200 feet, horizontal measurement, of the high-water mark of any reservoir or within 100 feet, of the edge, margin or precipitous bank of any watercourse of the Dolgeville supply.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed or maintained with its nearest point within 300 feet, horizontal measurement, of the water line of any reservoir of the Dolgeville water supply or within 200 feet, horizontal measurement, of the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply.

(3) No privy, privy vault, pit, cesspool or other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed or maintained within any mine or mine shaft, the drainage from which, either by gravity or by pumping, flows directly or indirectly into any reservoir or watercourse of the Dolgeville water supply.

(4) Every privy, privy vault, pit, cesspool or other receptacle or place used for the temporary storage of human excreta which is constructed, located or maintained within the aforesaid 300 feet, horizontal measurement, of the high-water mark of any reservoir or within the aforesaid 200 feet, horizontal measurement, of the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply. 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 airtight condition and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(5) Every privy, privy vault, pit, cesspool or other receptacle used for the temporary or permanent storage of human excreta which is constructed, located or maintained within any mine or mine shaft, from which privy or receptacle the excreta are not at once removed automatically by means of 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.

(6) The excreta collected in the aforesaid receptacles shall be removed and the receptacles thoroughly cleansed and deodorized 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 foundations or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(7) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in the aforesaid receptacles shall, when removed, be disposed of by burying in trenches or by thoroughly digging it into the soil in such place and manner as to effectually prevent them from being washed over the surface of the ground by rain or melting snow and at distances of not less than 500 feet, horizontal measurement, from the high-water mark of any reservoir or not less than 300 feet from the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply. (8) 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, 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 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 Department of Health.

(d) Sewage, house slops, sink waste, etc. (1) No sewage or excremental matter from any water closet, privy or cesspool shall be led, conducted or discharged by any pipe, drain or ditch into any reservoir or watercourse of the Dolgeville water supply, nor shall any such matter be placed, led, discharged or allowed to escape onto the surface of the ground or into the ground below the surface within 500 feet, horizontal measurement, from the high-water mark of any reservoir or within 300 feet, horizontal measurement, of the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply.

(2) No garbage, putrescible matter, house slops, bath waters, kitchen or sink waste, refuse or waste waters from creameries, cheese factories, laundries nor water in which milk cans, utensils, clothes, bedding, carpets or harnesses have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse of the Dolgeville water supply. Nor shall any such liquid or solid refuse or waste be thrown or discharged upon the surface of any ground or into the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse of the Dolgeville water supply within 200 feet, horizontal measurement, of the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply.

(3) No clothing, bedding, carpets, harness, vehicle, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse of the Dolgeville water supply.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir or watercourse of the Dolgeville water supply, nor shall any animals or poultry be allowed to stand, wade or swim in said reservoir or watercourse nor be washed therein.

(2) No stable for cattle or horses, barnyard, hogpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile nor compost heap shall be located, placed, maintained or allowed to remain with its nearest point less than 500 feet, horizontal measurement, from high-water mark of any reservoir or less than 300 feet, horizontal measurement, from the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply, and none of the above named objects or sources of pollution shall be so located, placed, maintained or allowed to remain that the drainage, leachings or washings from the same may enter any reservoir or watercourse of the Dolgeville water supply 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 drainage, 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 500 feet before entering any reservoir nor less than 300 feet before entering any watercourse of the Dolgeville water supply.

(3) No human excrement or compost containing human excrement shall be placed, piled or spread upon the ground or dug or buried in the soil within a distance of 500 feet from the high-water line of any reservoir nor within a distance of 500 feet from the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply, and no manure or compost of any kind shall be placed, piled or spread upon the ground, within 300 feet of the high-water line of any reservoir nor within 200 feet of the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply.

(4) No decayed or fermented fruit or vegetables, cider mill waste, roots, grain or other vegetable refuse of any kind shall be located, placed, 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 of the Dolgeville water supply without first having passed over or through such an extent of soil as to have become properly purified, and in no case shall it be deemed that proper purification has been secured, unless the above mentioned drainage, 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 before entering any reservoir or a distance of not less than 100 feet before entering any watercourse of the Dolgeville water supply. (f) Dead animals, offal, manufacturing wastes, etc. No dead animal, bird, fish or any part thereof nor any offal nor any refuse from any slaughterhouse nor any decomposable or putrescible refuse or waste matter of any kind shall be thrown, placed in or allowed to pass into any reservoir or watercourse of the Dolgeville water supply without the leachings or drainage from such dead animal, bird, fish, offal, slaughterhouse refuse or such decomposable or putrescible matter shall have first 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 and not less than 200 feet before entering any watercourse of the Dolgeville water supply.

(g) Boating, fishing and the harvesting of ice. (1) The harvesting of ice, skating, boating, fishing from boats, from rafts, from the shore and through the ice are hereby prohibited upon or in any and all of the reservoirs of the Dolgeville water supply.

(2) The board of health of the village of Dolgeville, when necessary to regulate or diminish the number of fish in any of the reservoirs or when in their opinion such privileges may be extended without endangering the purity of the water supply, are hereby authorized to permit boating or fishing or both, under explicit regulations and restrictions. Such permit, regulations and restrictions must first be approved in writing by the State Commissioner of Health.

(3) A violation or noncompliance with any of the restrictions or regulations under which such permit for boating or fishing is issued shall be construed as a violation or noncompliance with this subdivision of the rules and regulations.

(h) Penalty. In accordance with section 70, chapter 661 of the Laws of 1893, as amended by chapter 251 of the Laws of 1899, chapter 484 of the Laws of 1904 and chapter 582 of the Laws of 1906, the penalty for each and every violation of or noncompliance with any of the above rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $200.
 

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Section 120.3 - Village of Frankfort

120.3 Village of Frankfort.

(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 or fed by Money Gulf and Moyer creeks and to all watercourses and drainage areas tributary thereto or ultimately discharging into said reservoirs and to the wells which have been developed or may be developed in the neighborhood of Moyer Creek within the village of Frankfort, such bodies of water and wells being sources of the public water supply of the village of Frankfort, Herkimer 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 reservoirs on or fed by Money Gulf or Moyer creeks which are tributary to or which serve 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), streams, 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 Frankfort.

(3) 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.

(4) Wherever a linear distance of a structure or object from a reservoir or from a watercourse or 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 high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse or to the nearest well.

(c) Privies adjacent to any reservoir, watercourse or 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 reservoir or 50 feet of any watercourse or within 200 feet of any well tributary to the public water supply of the village of Frankfort.

(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 reservoir or within 100 feet of any watercourse or within 200 feet of any well, tributary to the public water supply of the village of Frankfort.

(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 300 feet from any reservoir, watercourse or well tributary to the public water supply of the village of Frankfort. (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, watercourse or 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, either directly or indirectly, into any reservoir or watercourse tributary to the public water supply of the village of Frankfort, 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 200 feet of any reservoir or 100 feet of any watercourse or within 200 feet of any well tributary to the public water supply of the village of Frankfort.

(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 Frankfort, nor shall any such liquid or solid refuse or waste matter be thrown or discharged upon the surface of the ground or into the ground beneath the surface (except into watertight receptacles or removable containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 100 feet of any reservoir or 50 feet of any watercourse or within 200 feet of any well tributary to the public water supply of the village of Frankfort.

(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 Frankfort.

(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 Frankfort. 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 Frankfort.

(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 100 feet of any reservoir, 25 feet of any watercourse or within 200 feet of any well tributary to the public water supply of the village of Frankfort, and none of the above named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any reservoir, any watercourse or 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 reservoir or 25 feet from any watercourse or 200 feet from any well tributary to the public water supply of the village of Frankfort.

(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 Frankfort, 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, watercourse or well tributary to the public water supply of the village of Frankfort; and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet of any reservoir or 25 feet of any watercourse or within 200 feet of any well tributary to the public water supply of the village of Frankfort. (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 100 feet from any reservoir or 25 feet from any watercourse or within 200 feet of any well tributary to the public water supply of the village of Frankfort.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animal, bird, fish or any part thereof nor any offal or waste mater 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 Frankfort, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any such reservoir, watercourse or well without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir, watercourse or well tributary to the public water supply of the village of Frankfort.

(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 HEALTH 10B Frankfort, except by duly authorized employees of the village of Frankfort in the performance of their duties of supervision and maintenance of the public water supply of the village of Frankfort.

(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, watercourse or well tributary to the public water supply of the village of Frankfort.

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

(j) Inspections. The board of water commissioners of the village of Frankfort 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 Frankfort or the duly appointed representative of any such board shall make regular and thorough inspections of the reservoirs, watercourses, wells 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 120.4 - Village of Herkimer

120.4 Village of Herkimer.

(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 Mill Creek 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 Herkimer, Herkimer County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to the intake reservoir on Mill 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 Herkimer.

(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 150 feet of any reservoir or 100 feet of any watercourse tributary to the public water supply of the village of Herkimer.

(2) No privy, privy vault, pit, cesspool or other receptacle, which is not watertight, placed or used for the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or within 200 feet of any watercourse tributary to the public water supply of the village of Herkimer.

(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 within 300 feet of any watercourse tributary to the public water supply of the village of Herkimer.

(6) Whenever it shall be found that, owing to the character of the soil or 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 Herkimer, 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 200 feet of any watercourse tributary to the public water supply of the village of Herkimer.

(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 Herkimer, 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 within 150 feet of any reservoir or 100 feet of any watercourse tributary to the public water supply of the village of Herkimer.

(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 Herkimer.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir or watercourse tributary to the public water supply of the village of Herkimer. 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 Herkimer. 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 Herkimer.

(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 50 feet of any watercourse tributary to the public water supply of the village of Herkimer, and none of the above named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any reservoir or any watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 150 feet from any reservoir or 50 feet from any watercourse tributary to the public water supply of the village of Herkimer.

(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 Herkimer, 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 500 feet of any reservoir or 300 feet of any watercourse tributary to the public water supply of the village of, Herkimer; 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 50 feet of any watercourse tributary to the public water supply of the village of Herkimer.

(4) No decayed or fermented fruit or vegetables, roots, grain, cider mill wastes or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in any such place that the drainings, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 150 feet from any reservoir or 50 feet from any watercourse tributary to the public water supply of the village of Herkimer. (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 or allowed to escape or to pass into any reservoir or any watercourse tributary to the public water supply of the village of Herkimer, 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 500 feet from any reservoir or for a distance of 300 feet from any watercourse tributary to the public water supply of the village of Herkimer.

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

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

(i) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of any reservoir or within 300 feet of any watercourse tributary to the public water supply of the village of Herkimer.

(j) Inspections. The municipal commission of Herkimer 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 Herkimer 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 municipal commission of Herkimer 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 municipal commission of Herkimer to promptly notify the State Commissioner of Health of such violations. The municipal commission of Herkimer 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 120.5 - Village of Ilion

Section 120.5 Village of Ilion.

(a) Application. The rules and regulations set forth in this section, duly made and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to Ilion Reservoirs Numbers One, Two and Three and all watercourses tributary thereto or which may ultimately discharge into said Ilion Reservoirs or which may be developed in the future to serve as sources of the water supply to the Ilion Water Commission of the Village of Ilion.

(b) Definitions.

(1) Agricultural-associated animal waste shall mean manure obtained from agricultural industries.

(2) 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).

(3) Herbicide shall mean any substance used to destroy or inhibit plant growth.

(4) Human excreta shall mean human feces and urine.

(5) Junkyard shall mean an area where two or more unregistered, old or secondhand motor vehicles are being accumulated for purposes of disposal, resale of used parts or reclaiming certain materials such as metal, glass, fabric, and/or the like.

(6) Linear distance shall mean the shortest horizontal distance from the nearest point of 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.

(7) Manure shall mean animal feces and urine.

(8) Nonagricultural associated animal waste shall mean manure obtained from nonagricultural industries.

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

(10) Pollutant shall mean dredge, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal wastes and agricultural and non agricultural associated animal wastes.

(11) Radiation shall mean ionizing radiation, that is, any alpha particle, beta particle, gamma ray, X-ray, neutron, high-speed proton, and any other atomic particle producing ionization, but shall not mean any sound or radio wave, or visible, infrared, or ultraviolet light.

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

(13) Refuse shall mean all putrescible and nonputrescible solid wastes including garbage, manure, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal and solid commercial and industrial wastes.

(14) Refuse disposal area shall mean land used for the depositing of refuse except that it shall not include the land used for 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 agricultural associated animal wastes resulting from the operation of such farm are deposited.

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

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

(17) Sewage disposal system shall mean any system used for disposing of sewage and includes treatment works.

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

(19) Treatment works shall mean any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary landfill, or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing, or disposing of sewage.

(20) Water Commission shall mean Ilion Water Commission of the Village of Ilion.

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

(22) Watercourse shall mean every spring, stream, marsh or channel of water of any kind which flows or may flow into the Village of Ilion's water supply.

(23) Watershed shall mean the entire drainage area contributing water to the Village of Ilion's 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 weather-proof 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 50 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 receptacle 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.

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

(6) Radioactive Material. No radioactive material shall be disposed of by burial in soil within a 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 Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York (10 NYCRR Part 16).

(7) Recreation.

(i) Bathing and swimming. No bathing and swimming shall be allowed in any reservoir or watercourse of the Village of Ilion water supply.

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse of the Village of Ilion water supply except by duly authorized employees of the Water Commission 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 of the Village of Ilion water supply within a 1,000 foot linear distance of the water supply intakes except by duly authorized employees of the Water Commission in the performance of their duties of supervision and maintenance of the water supply.

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

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

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

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

(e) Inspections. The Ilion Water Commission of the Village of Ilion 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 representatives make regular and thorough inspections of the reservoirs, watercourses, and watershed to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid Water Commission 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 Water Commission to promptly notify the State Commissioner of Health of such violations. Further steps to abate the said violations shall be taken in accordance with provisions of law (see Section 1102 of the Public Health Law). The aforesaid Water Commission shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations found, the number of notices served, the number of violations abated and the general condition of the watershed at the time of the last inspection.

(f) Penalties for Violations. Penalties for violations of these rules and regulations shall be those specified by law (see section 1103 of the Public Health Law).

Effective Date: 
Wednesday, March 28, 1990
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Section 120.6 - Village of Middleville

120.6 Village of Middleville. (Statutory authority: L. 1893, ch. 661; L. 1899, ch. 251)

(a) Privies adjacent to reservoirs, springs or watercourses. (1) No privy or place for the deposit or storage of human excreta shall be constructed, located or maintained within 50 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse of any kind, the water of which when running flows eventually into a reservoir of the Middleville public water supply.

(2) No privy, vault, pit or cesspool or non-transportable receptacle of any kind for the reception or storage of human excreta shall be constructed, located or maintained within 250 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir or within 130 feet, horizontal measurement, of the high-water mark or precipitous bank of any spring, stream, ditch or watercourse as aforesaid.

(3) Every privy or place for the deposit of human excreta, which is constructed, located or maintained between the aforesaid limits of 50 and 250 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir or 50 and 130 feet, horizontal measurement, of the high-water mark or precipitous bank of any spring, stream, ditch or watercourse as aforesaid and from which the said excrement is not at once removed automatically by means of suitable watertight pipes or conduits to some place of disposal beyond the maximum aforesaid limits, shall be arranged in such manner that all said excreta shall be received and temporarily retained in suitable vessels or receptacles, which shall at all times be maintained in an absolutely watertight condition and which will admit of convenient removal to some place of ultimate disposal beyond the said maximum limits.

(4) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleansed and deodorized as often as is necessary to keep the receptacles in proper sanitary condition and to prevent an overflow of the excreta upon the soil or floor of said privy.

(5) The excreta so collected shall be removed so as to cause the least nuisance possible and shall be so disposed of that they cannot be washed either over the surface or through the subsoil into any reservoir, spring, stream, ditch or watercourse of any kind as aforesaid and shall be so placed as not to cause an offensive nuisance.

(6) Whenever it shall be found that, owing to the porous character of the soil, the height and flow of surface and subsoil waters, the steepness of the slopes or other special conditions of the locality, the excremental matter from any privy, cesspool or other receptacle for human excreta may be washed over the surface or through the subsoil into a reservoir or any spring, stream, ditch or watercourse aforesaid without having been thereby, in the judgment of the State Department of Health, sufficiently purified, then the said privy, cesspool or other receptacle for human excreta shall, after due notice to the owner thereof, be removed to such greater distance from said high-water marks as shall be considered safe and proper by the State Department of Health.

(b) House slops, sink wastes, laundry water and other similar sewage.

(1) No sewage, house slops, sink wastes, water in which milk cans, clothes or bedding have been washed or rinsed nor any other polluted water or liquid shall be thrown or discharged directly into a reservoir or into any spring, stream, ditch or watercourse aforesaid nor shall any such aforesaid liquid or solid matter or other polluted liquid be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, spring, stream, ditch or watercourse aforesaid; nor shall any such polluted liquid be discharged into the ground below the surface in any manner whereby the same may flow into the reservoir, spring, stream, ditch or watercourse aforesaid without percolating through earth for a distance of at least 50 feet, horizontal measurement, or into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid within 50 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

(2) No clothing, animals, vehicles nor anything which pollutes water shall be washed, nor shall any person bathe in any reservoir, spring, stream, ditch or watercourse aforesaid.

(3) No garbage or putrescible refuse of any kind shall be thrown or discharged directly into any reservoir, spring, stream, ditch or watercourse aforesaid, nor shall any such substances be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, spring, stream, ditch or watercourse aforesaid; nor shall any such polluted liquid be discharged into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid without percolating through the earth for a distance of at least 50 feet, horizontal measurement, to the high-water mark or precipitous bank of any reservoir or of any spring, stream, ditch or watercourse flowing into any reservoir placed upon or below the surface of the ground where they may be washed into any spring, reservoir, stream, ditch or watercourse aforesaid within 50 feet of the high-water mark or precipitous bank thereof. (c) Manure, composts and similar matter. (1) No stable, pigsty, henhouse, barnyard, hog or duckyard, hitching or standing place for cattle or horses or other place where animal manure accumulates and no compost or manure heap shall be located or maintained within 100 feet of nor shall they or any watering place for horses, cattle or other animals be so arranged that the polluted drainings therefrom shall be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, spring, stream, ditch or watercourse aforesaid; nor shall any such polluted liquid be discharged into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid without percolating through earth for a distance of at least 50 feet, horizontal measurement, nor flow into or through open or covered drains within 50 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

(2) No human excreta or compost containing human excreta shall be spread upon the ground within 250 feet of the high-water mark or precipitous bank of a reservoir or within 130 feet of the high-water mark or precipitous bank of any spring, stream, ditch or watercourse aforesaid, and no manures or composts of any kind shall be deposited so that they may be washed at less distance than 250 feet over the surface of the ground or 50 feet through subsoil into any reservoir, spring, stream, ditch or watercourse aforesaid without having undergone purification.

(d) Dead animals, vegetable refuse and manufacturing wastes. No dead animal, bird or fish or part thereof nor any filthy or impure matter nor any decayed fruit or vegetable substance nor any waste products, putrescible matter or polluted waters from any slaughterhouse, dairy, creamery, cider mill, sawmill or other manufactory shall be thrown or allowed to run into any reservoir, spring, stream, ditch or watercourse aforesaid, nor shall they be so deposited that any portion thereof or of the polluted drainage therefrom shall be washed on the surface less than 250 feet or through the subsoil less than 50 feet into any reservoir, spring, stream, ditch or watercourse aforesaid without having undergone proper purification.

(e) Cemeteries. No interment of a human body shall be made within 500 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

(f) Management of the reservoirs. (1) The reservoirs of the Middleville public water supply shall not be unnecessarily drawn down during the warm months, but shall be kept as deep and as nearly a uniform level as possible, to prevent the pollution of the water with dead organic matter.

(2) No filter or screen shall be used when in a filthy condition and liable to pollute the water in the mains; and no filter or screen shall be used at the head of the main which cannot be constantly examined and cleaned.

(g) Penalty. In accordance with section 70 of chapter 661 of the Laws of 1893, as amended by chapter 251 of the Laws of 1899, a penalty of $50 is hereby imposed upon any corporation, person or persons guilty of a violation of or non-compliance with any of the above-given mandatory rules, to be recovered under the said act.
 

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Part 121 - Jefferson County

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CITIES

Section 121.1 - City of Watertown

CITIES

Section 121.1 City of Watertown.

(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 that artificial impounding reservoir or sedimentation basin formed by the construction of two dams across the northerly channel of the Black River between Huntington Island and the northerly bank of the river and to that section of the Black River tributary thereto for a distance of some 800 feet above the intake of the aforementioned reservoir and extending in an easterly direction to the mouth of the small tributary entering the river from the northeast, these bodies of water being sources of the public water supply of the city of Watertown, Jefferson County, N.Y.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to the impounding reservoir or sedimentation basin, including that section of the Black River tributary thereto within 800 feet above the intake to said reservoir previously described, which is tributary to or which serves as a source of this aforesaid public water supply.

(2) Wherever a linear distance of a structure or object from a reservoir 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 the reservoir.

(c) Privies adjacent to the reservoir. (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 50 feet of the reservoir tributary to the public water supply of the city of Watertown.

(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 100 feet of the reservoir tributary to the public water supply of the city of Watertown.

(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 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 200 feet from the reservoir tributary to the public water supply of the city of Watertown.

(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 reservoir, 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 matter, either directly or indirectly, into the reservoir tributary to the public water supply of the city of Watertown, nor shall any such liquid or solid matters be thrown, placed, led, conducted, discharged or allowed to escape or flow onto the surface of the ground or into the ground beneath the surface (except into watertight receptacles or removable containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 150 feet of the reservoir tributary to the public water supply of the city of Watertown.

(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 the reservoir tributary to the public water supply of the city of Watertown; 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 50 feet of the reservoir tributary to the public water supply of the city of Watertown.

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

(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 the reservoir tributary to the public water supply of the city of Watertown. No watering place shall be maintained in such a way as to pollute with muddy leachings or excremental matter, the reservoir tributary to the public water supply of the city of Watertown.

(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 50 feet of the reservoir tributary to the public water supply of the city of Watertown, 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 the reservoir 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 50 feet from the reservoir tributary to the public water supply of the city of Watertown.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into the reservoir nor be placed, piled or spread upon the surface of the ground at any point on the watershed tributary to the public water supply of the city of Watertown, 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 200 feet of the reservoir tributary to the public water supply of the city of Watertown; and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 50 feet of the reservoir tributary to the public water supply of the city of Watertown.

(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 the reservoir 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 the reservoir 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 50 feet from the reservoir tributary to the public water supply of the city of Watertown. (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 the reservoir 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 the reservoir without first having percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 100 feet from the reservoir tributary to the public water supply of the city of Watertown.

(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 the reservoir tributary to the public water supply of the city of Watertown, except by duly authorized employees of the city of Watertown in the performance of their duties of supervision and maintenance of the public water supply of the city of Watertown.

(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 the reservoir tributary to the public water supply of the city of Watertown.

(i) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of the reservoir tributary to the public water supply of the city of Watertown.

(j) Inspections. The department of water, light and power of the city of Watertown or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the city of Watertown or their duly appointed representative shall make regular and thorough inspections of the reservoir and drainage area 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 department of water, light and power 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 department of water, light and power to promptly notify the State Commissioner of Health of such violations. The department of water, light and power shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

(k) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.
 

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VILLAGES

Section 121.2 - Village of West Carthage

VILLAGES

121.2 Village of West Carthage. (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 Pleasant Lake and its 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 West Carthage, Jefferson County, New York 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 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.

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

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

(16) Water supply shall mean the public water supply of the Village of West Carthage, Jefferson 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 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 facility and

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

(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 25 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 on 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 facility.

(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 facility. Standards for waste treatment works as published from time to time by the appropriate State agency having jurisdiction over such facility 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 on the watershed (excepting into watertight receptacles or watertight pipes connected to a sewage disposal system approved by the appropriate State agency having jurisdiction over such facility) within 25 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 facility.

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

(h) 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 over such facility.

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

(j) 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 following standards for raw water quality:

Items Specifications

1. Floating solids; settleable solids; None attributable to sewage, industrial

sludge deposits; tastes or wastes or other wastes.

producing substances

2. Sewage or wastes effluents None which are not effectively

disinfected.

3. pH Range between 6.5 and 8.5.

4. Dissolved oxygen For trout waters, greater than 5.0

parts per million; for nontrout waters

greater than 4.0 parts per million.

5. Toxic wastes, oil, deleterious None alone or in combination with other

colored or other substances or wastes in sufficient

or heated liquids amounts or at such temperatures as to

make the waters unsafe or unsuitable

as a source of water supply for

drinking, culinary or food processing

purposes. Provided further, that the

concentration or quantity of the

constituents or characteristics

hereinafter set forth shall not exceed

the allowable limits established

therefor.

Constituent or Characteristic Allowable Limits

Physical 5 units

Turbidity

Microbiological

Coliform organism 50 per 100 ml.

Inorganic chemicals (Concentration in mg/l)

Ammonia (NHs) <2.0

Arsenic (As) 0.05

Barium (Ba) 1.0

Boron (B) 1.0

CCE 0.2

Cadmium (Cd) 0.01

Chloride (Cl) 250.

Chromium (Hexavalent) (Cr + 6) 0.05

Copper (Cu) <0.2

Cyanide (Cn) <0.1

Fluoride (F) <1.5

Lead (Pb) 0.05

Mercury (Hg) 0.005

Nitrates (NO3) + Nitrites (NO2) 10.

Selenium (Se) 0.01

Silver (Ag) 0.05

Sodium (Na) <20.

Sulfate (SO4) 250. Total dissolved solids 500.

Uranyl ion <5.0

Zinc (Zn) <0.3

Organic Chemicals (Concentration in mg/l)

Organic nitrogen 0.5

Oxygen consumed 2.0

Phenols 0.001

Pesticides

Aldrin 0.017

Chlordane 0.003

DDT 0.042

Dieldrin 0.017

Endrin 0.001

Heptachlor 0.018

Heptachlor epoxide 0.018

Herbicides 0.1

Lindane 0.056

Methoxychlor 0.035

Organic phosphates + carbamates 0.1

Toxaphene 0.005

Radioactivity (Concentration in pc/l)

Gross beta 1000.

Radium--226 3.

Strontium--90 10.

(k) Inspections. The board of trustees of the Village of West Carthage or any duly appointed person or persons as may be charged with 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 board of trustees of the Village of West Carthage or any such duly appointed person or persons as may be charged with maintenance or supervision of the water supply to cause copies of any rules and regulations violated to be served upon the persons violating the same together with notice 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 board of trustees of the Village of West Carthage or any such duly appointed person or persons as may be charged with maintenance or supervision of the water supply to promptly notify the State Commissioner of Health of such violations. The aforesaid board of trustees of the Village of West Carthage or any duly appointed person or persons as may be charged with maintenance or supervision of the water supply 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.

(l) Penalty. Penalties for violations of these rules and regulations shall be those prescribed by section 1103 of the Public Health Law.
 

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Part 122 - Lewis County

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Section 122.1 - Village of Lowville

Section 122.1 Village of Lowville.

(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 (the Public Health Law), as finally amended by chapter 510 of the Laws of 1921, as heretofore set forth, shall apply to the property of the village of Lowville, Lewis County, N.Y., on which are located the springs and reservoirs which supply water to the village of Lowville, consisting of lots numbers 250, 252, 265, 267, 279, 280, 281 and 292 located in the town of Watson, Lewis County, adjacent to and southeast of the southeastern corner of the town of New Bremen, Lewis County, N.Y., and bound as follows: Beginning at a point at the northwest corner of lot number 267, and running thence south 82~ east 57.70 chains, thence south 8~ west 31 chains, thence ~north 82~ west 21.50 chains, thence south 8~ west 6 chains, thence north, 82 west 9 chains, thence south 8~ west 31 chains, thence south 83~ east 30.50 chains, thence south 8~ west 32.80 chains, thence south 83~ east 119.90 chains, thence north 8~ east 61 chains, thence north 45~ east 22.25 chains, thence north 45~ west 9.68 chains, thence north 45~ east 14 chains, thence south 45 east 9.68 chains, thence north 45~ east 70.35 chains to the point of beginning.

(b) Interpretation. Wherever a linear distance of a structure or object from a reservoir or 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 such reservoir or watercourse.

(c) Privies, sewage, house slops, etc. (1) No privy, privy vault, pit, cesspool or receptacle of any kind, used for the temporary or permanent storage of human excreta, shall be located within the boundary of the above described village property unless placed there by authority of the board of water commissioners of Lowville, in which case such privy, privy vault, pit, cesspool or receptacle of any kind shall be so placed as not to cause any possible pollution of the water supply of the village of Lowville.

(2) No house slops, bath water, laundry or garage wastes or sewage or other excretal matter from any water closet, privy, receptacle or other source shall be thrown, placed, led, discharged, directly or indirectly into any reservoir or watercourse of the water supply of the village of Lowville nor shall any such matters be thrown, placed, led, discharged or allowed to escape on or beneath the surface of the ground within the boundary of the above described village property tributary to the source of public water supply of the village of Lowville.

(3) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal or the garbage or waste 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) Animals, manure, compost. (1) 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 within the boundary of the above described village property, except that incidental to the supervision and maintenance of the public water supply of the village of Lowville in which case special precautions shall be taken to prevent any possible pollution of the public water supply of the village of Lowville.

(2) No cattle, horses, mules, sheep, goats, pigs or poultry shall be allowed to graze or pasture within the boundaries of the above described property.

(3) No manure or compost of any kind shall be thrown, placed or allowed to escape into any reservoir or watercourse nor be placed, piled or spread upon the ground within 300 feet of any such reservoir or watercourse within the above described village property.

(e) Bathing and fishing. No person shall be allowed to bathe or fish in any reservoir or watercourse of the public water supply of the village of Lowville, nor shall any person, other than employees of the village of Lowville, engaged in the HEALTH 10B work of supervision or maintenance of the public water supply of the village of Lowville, be allowed to trespass, hunt or trap on the above described village property. (f) Dead animals, offal, manufacturing wastes, etc. No dead animals, birds, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed or discharged into any reservoir or watercourse of the water supply of the village of Lowville nor onto the surface of the ground or beneath the surface of the ground within the boundary of the above described village property.

(g) Cemeteries. No interment of a human body shall be made within the limits of the above described village property.

(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 on the above described village property within 500 feet of any reservoir or watercourse of the water supply of the village of Lowville unless such structure is so located as not to be on the drainage area tributary to the sources of water supply.

(i) Inspections. The board of water commissioners of the village of Lowville or their duly authorized 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 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 area surrounding the wells at the time of the last inspection.

(j) 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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Part 123 - Livingston County

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Statutory Authority: 
Public Health Law, Section 1100

VILLAGES

Section 123.1 - Villages of Avon and Geneseo and Lakeville Water District, Town of Livonia

Section 123.1 Villages of Avon and Geneseo and Lakeville Water District, Town of Livonia. (a) Application. The following rules and regulations enacted under the authority of article 11 of the Public Health Law, and of the whole thereof, as amended, shall apply to Conesus Lake and its tributaries which now serve or which may be developed in the future to serve as sources of the public water supply of the villages of Avon and Geneseo and the Lakeville Water District of the Town of Livonia, and to all watercourses tributary thereto or ultimately discharging into said reservoirs.

(b) Definitions. (1) The term water supply means the public water supply of the villages of Avon and Geneseo and the Lakeville Water District of the Town of Livonia.

(2) The term Conesus Lake means said body of water serving as a source of the water supply of the villages of Avon and Geneseo and Lakeville Water District of the Town of Livonia.

(3) The term lake means Conesus Lake.

(4) 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 Conesus Lake or into this water supply.

(5) The term linear distance means the shortest horizontal distance. The linear distance between a structure or object and a reservoir, watercourse or Conesus Lake shall be measured from the nearest point of the structure or object to the high-water mark of the reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of the watercourse or of Conesus Lake.

(6) 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, and shall include also sludge and scum from septic tanks and cesspools connected to disposal systems receiving the aforementioned feces, urine and other excretions.

(7) The term sewage means waste liquids containing human excreta, decomposing matter, or bath, kitchen or laundry waste water.

(c) Human excreta. (1) No human excreta shall be deposited, thrown or placed or allowed to escape into Conesus Lake or any 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 or sewage shall be buried in the soil on the watershed of the water supply, unless deposited in trenches or pits at a linear distance of not less than 500 feet from the high-water mark of Conesus Lake or any watercourse, and covered with not less than 24 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. The bottom of any trench or pit in which human excreta or sewage is deposited shall be not less than two feet above the high ground water table at the location of such trench or pit.

(4) No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within a linear distance of 500 feet from the high-water mark of Conesus Lake or any watercourse except a properly constructed and operated sewage disposal plant, as hereinafter set forth in subdivision (d) of this section; 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 distances above named can be obtained within the limits of such property.

(5) Every privy or receptacle of any kind for the storage or deposit of human excreta built or to be built on property which is so located, bounded or otherwise placed that the linear distances 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 boards of trustees of the villages of Avon and Geneseo and the town board of the town of Livonia, and in such manner as effectually to prevent any pollution of the public water supply.

(6) Every privy or receptacle for the storage or deposit of human excreta or sewage located less than a linear distance of 500 feet from Conesus Lake or any watercourse, shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied when filled to within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision. (7) Whenever, in the opinion of the State Commissioner of Health, excremental matter from the 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 reasonable notice to the owner thereof, to such places as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage. No sewage shall be discharged or allowed to flow into the lake or any watercourse or any reservoir nor deposited on or beneath the surface of the ground within a linear distance of 500 feet of the high-water mark of Conesus Lake or any watercourse except into watertight receptacles, the contents of which shall be disposed of as provided for by paragraph (3) of subdivision (c). If such watertight receptacles are used, they shall not be located within a linear distance of 35 feet of the high-water mark provided, however, that the property on which the receptacle is built or to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of the property. In such case, the watertight receptacle shall be constructed and maintained as provided for in paragraph (5) of subdivision (c). These restrictions and limiting distances shall not apply to sewage treatment plants constructed and operated in accordance with plans which first have been submitted to and approved by the State Commissioner of Health and in accordance with such terms and conditions as may be specified by said commissioner.

(e) Bath water, wastes. No bath water, sink or laundry wastes or polluted liquid of any kind, except the effluent from a properly constructed and operated sewage treatment plant approved by the State Commissioner of Health as hereinbefore provided by subdivision (d), shall be discharged or allowed to flow into the lake or any watercourse nor be deposited on or beneath the surface of the ground within a linear distance of 500 feet of the high-water mark of the lake or any watercourse.

(f) Garbage, refuse. No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or fish or parts thereof, or any other matter that pollutes water shall be deposited in the lake or any watercourse nor on or beneath the surface of the ground within a linear distance of 500 feet of the high-water mark of the lake or any watercourse nor in such manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into the lake or any reservoir or watercourse.

(g) Bathing, swimming. No person or persons shall bathe or swim or be allowed to bathe or swim in Conesus Lake within a linear distance of 500 feet of the public water supply intakes of the villages of Avon or Geneseo or the Lakeville Water District.

(h) Animals. (1) No animal of any kind shall be washed or watered in the lake or any watercourse and no watering place shall be maintained in such a way as to pollute the lake or 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 located or maintained in such a manner that the drainage, leachings or washings therefrom may pollute the lake.

(i) Manure. No manure pile shall be maintained or allowed to remain within a linear distance of 500 feet of the high-water mark of Conesus Lake or 100 feet from any watercourse.

(j) Temporary shelters. (1) No camp, tent, building or other structure for the occupancy of transients or for the housing of laborers engaged in construction work or for other use, except as a private camp or dwelling maintained by a person for his use or for the use of his family and friends, shall be located, placed or maintained within a linear distance of 500 feet of the high-water mark of Conesus Lake or any watercourse.

(2) No hut, tent, shelter or building of any kind shall be permitted on the ice of Conesus Lake.

(k) Cemeteries. No interment of a human body shall be made within a linear distance of 500 feet of the high-water mark of Conesus Lake or any watercourse.

(l) Boats. Any boat equipped with toilets or receptacles for human excreta or sinks of any kind shall not be permitted upon the waters of Conesus Lake.

(m) General clause. In addition to observing the foregoing requirements all persons living on or visiting the watershed of Conesus Lake shall refrain from any act, whether or not specified in these rules and regulations, which may result in contamination of the water supply or any portion thereof.

(n) Inspection. The boards of trustees of the villages of Avon and Geneseo and the town board of the town of Livonia, or such other person or persons as may be charged with the operation, maintenance or supervision of the water supply or the duly appointed representative or representatives of the boards of trustees of the villages of Avon and Geneseo and the town board of the town of Livonia or of such other person or persons as may be charged with the operation, maintenance or supervision of the water supply, shall make regular and thorough inspections of the lake, watercourses and watersheds 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 boards of trustees and town board 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 rules and regulations it shall be the further duty of said boards of trustees and town board to promptly notify the State Commissioner of Health of such violations. The boards of trustees and town board 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. (o) Penalty. In accordance with section 1103 of chapter 45 of the Consolidated Laws of New York State (Public Health Law), being chapter 879 of the Laws of 1953, as amended, the penalties for violations of any of the foregoing rules or regulations are specified as follows:

(1) Any person violating a rule or regulation relating to a temporary source or act of contamination shall be liable to prosecution for misdemeanor for every such violation, and on conviction thereof shall be punished by a fine not exceeding $200, or imprisonment not exceeding one year, or both.

(2) For a violation of or noncompliance with a rule or regulation relating to a permanent source or act of contamination, the State Department of Health may impose penalties not exceeding $200 for every such violation or noncompliance.
 

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Section 123.2 - Village of Geneseo

123.2 Village of Geneseo. See section 123.1, supra
 

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Section 123.3 - Village of Livonia

123.3 Village of Livonia.

(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 the storage reservoir on Marrowback Brook and to all watercourses and drainage areas tributary thereto or ultimately discharging into said reservoir, these bodies of water being sources of the public water supply of the village of Livonia, Livingston County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to the reservoir on Marrowback Brook or to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and filter basins), streams, ditch, gutter or other channel of every kind, the waters of which when running whether continuously or occasionally eventually flow or may flow into the public water supply of the village of Livonia.

(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 lake, reservoir or watercourse. (1) No privy, privy vault, pit, cesspool 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 this public water supply.

(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 this public water supply.

(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 thoroughly cleaned and disinfected 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 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 this public water supply.

(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 condition, 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 or through the soil in an imperfectly purified condition into any reservoir or watercourse tributary to this public water supply, then the said privy or receptacles 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 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 this public water supply, nor shall any such matters be thrown, placed, led, discharged or allowed to escape or flow 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 paragraph (4) of subdivision (c), within 300 feet of any reservoir or within 100 feet of any watercourse tributary to this public water supply.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any dairy, c