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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