VILLAGES

Section 133.10 - Village of Maybrook

133.10 Village of Maybrook. (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 infiltration gallery and wells which comprise the source of the public water supply of the Village of Maybrook. Said infiltration gallery and wells are located on land owned by the Village of Maybrook. The infiltration gallery and three wells are located off County Road 4, along Beaverdam Brook, in the Town of Hamptonburgh about a mile southwest of the Village of Maybrook, and one well is located off Route 208 at the village park. These rules shall also apply to any other infiltration gallery, spring or well which may be developed for the purposes of supplying water to the Village of Maybrook.

(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) Infiltration gallery shall mean infiltration galleries located on land owned by the Village of Maybrook along the Beaverdam Brook in the Town of Hamptonburgh and used as a source of water supply by the village.

(6) 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.

(7) 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 infiltration gallery or the wells.

(8) Manure shall mean animal feces and urine.

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

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

(11) 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 and municipal waste and agricultural- and nonagricultural-associated animal waste.

(12) 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.

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

(14) 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.

(15) 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.

(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) Sludge lagoon shall mean a pond used to hold sludge from municipal or industrial treatment works or septic tanks.

(19) Toxic substance shall mean any toxic substance as so defined by subdivision 2 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 landfills, or other works not specifically mentioned in this paragraph, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage.

(21) Watercourse shall mean every spring, stream, marsh or channel of water on the watershed tributary or contributing water to Beaverdam Brook.

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

(23) Watershed shall mean the drainage area contributing water to the Beaverdam Brook.

(24) Wells shall mean any well now used as a source of water supply for the Village of Maybrook or any additional wells which may be constructed 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 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 infiltration gallery or the wells.

(2) Chloride salt. No chloride salt shall be stored within a 1,000-foot linear distance of the infiltration gallery or the wells, unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(3) Herbicides and pesticides. No herbicides or pesticides shall be stored, discharged, applied or allowed to remain within a 1,000-foot linear distance of the infiltration gallery or 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 500-foot linear distance of the infiltration gallery or 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 infiltration gallery or 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 liner distance of the infiltration gallery or 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 100-foot linear distance of the infiltration gallery or the wells.

(5) Junkyards. No junkyard shall be located within a 500-foot linear distance of the infiltration gallery or the wells.

(6) Manure piles. No manure piles or compost heap shall be maintained or allowed to remain within a 500-foot linear distance of the infiltration gallery or the wells; nor shall manure be spread on the surface of the ground on the drainage area of the infiltration gallery within a 500-foot linear distance of the infiltration gallery or the wells.

(7) Places for 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 or maintained at a distance less than 500 feet from the infiltration gallery or the wells.

(8) Radioactive material. No radioactive material shall be disposed of by burial in soil within a 1,000-foot linear distance of the infiltration gallery or the wells, or other-wise disposed of by any other means within a 1,000-foot to a 2,000-foot linear distance of the infiltration gallery or the wells 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.

(9) Refuse. No refuse shall be deposited in the infiltration gallery nor on or beneath the surface of the ground within a 500-foot linear distance of the infiltration gallery nor in such a manner of or through the ground into the infiltration gallery or the wells.

(10) Refuse disposal area. No refuse shall be located within a 1,000-foot linear distance of the infiltration gallery or the wells.

(11) Sludge lagoons. No sludge lagoon shall be located within a 1,000-foot linear distance of the infiltration gallery or the wells.

(12) Toxic substances. No container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 1,000-foot linear distance of the infiltration gallery or the wells, except as otherwise permitted by the provisions of subparagraph (4)(iii) of this subdivision.

(13) Trespassing. No trespassing shall be allowed upon the property of the Village of Maybrook upon which the infiltration gallery and 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 Maybrook.

(14) Other wastes. No pollutant of any kind shall otherwise be discharged, deposited, or allowed to flow into the watercourse or on or beneath the surface of the ground on the watershed within 500 feet of the infiltration gallery, except as otherwise permitted by the provisions of subparagraph (4)(iii) of this subdivision.

(e) Inspection. The board of trustees of the Village of Maybrook 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 Maybrook or the duly appointed representative of any such board shall make regular and thorough inspections of the infiltration gallery 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, prior to the 30th 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 infiltration gallery 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 133.4 - Village of Chester

VILLAGES

133.4 Village of Chester.

(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 the reservoirs, watercourses and drainage areas tributary thereto, which serve as sources of the public water supply of the village of Chester, Orange County, N. Y.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to Walton Lake.

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

(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 in such a manner that the contents therein may gain entrance to the reservoir or any watercourse of the Chester water supply, except the properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (2) of subdivision (d).

(2) The excreta collected in removable receptacles of privies shall be removed and the receptacles cleansed 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 least possible annoyance and inconvenience be caused to occupants of the premises or the adjoining premises.

(3) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid receptacles 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.

(d) Sewage, house slops, sink wastes, etc. (1) No house slops, sewage or excremental matter from any water closet, privy, cesspool or other source, except the purified effluent from a properly constructed and operated sewage disposal plant, as hereinafter provided in 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 village of Chester, nor shall any such matter be thrown, placed, led, discharged or allowed to escape or flow onto the surface of the ground.

(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 village of Chester shall be operated, constructed, enlarged, altered or put in operation without a permit from the State Commissioner of Health.

(3) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any dairy or cheese factory nor water in which milk cans 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 hereinbefore provided under paragraph (2) of this subdivision, shall be thrown or discharged into any reservoir or watercourse tributary to the public water supply of the village of Chester, nor shall any such liquid or solid matter be thrown or discharged upon the surface of the ground in any manner whereby the same may flow into the reservoir or into any watercourse of the Chester water supply.

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

(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, manure pile or compost heap shall be located, placed, maintained or allowed to remain in such a location that the drainage, leachings or washings from the same may enter the reservoir or any watercourse of the Chester water supply.

(f) Human excreta, compost. No human excreta or compost containing human excreta shall be thrown, placed or allowed to escape into the reservoir or watercourse nor be placed, piled or spread upon the ground in such a manner that the material shall be drained or washed into the reservoir or any watercourse of the Chester water supply. (g) Dead animals, offal, manufacturing wastes, etc. No dead animal, bird, fish or any part thereof nor any offal nor waste matter of any kind shall be thrown, placed in or allowed to pass into the reservoir or any watercourse of the Chester 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 the reservoir or watercourse.

(h) Fishing, boating and ice cutting. No person while fishing, boating or ice cutting, shall commit any act by which the waters of the reservoir or watercourses tributary to the Chester water supply may be polluted.

(i) Inspections. The board of trustees of the village of Chester or its duly authorized representative shall maintain regular and thorough inspections of the reservoir and watercourses tributary thereto, for the purpose of ascertaining whether the above rules and regulations are being complied with; and it shall be the duty of the board in charge of the water supply 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 in charge of the water supply to promptly notify the State Commissioner of Health of such violations. The board in charge of the water supply 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 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 $100.
 

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Section 133.5 - Village of Cornwall

133.5 Village of Cornwall.

(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 Black Rock 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 village of Cornwall, Orange 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 Black Rock 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 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 Cornwall.

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

(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 Cornwall.

(3) No cesspool, pit or other receptacles 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 some suitable point off the watershed tributary to the public water supply of the village of Cornwall.

(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 Cornwall, 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 Cornwall.

(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 200 feet from any reservoir or watercourse tributary to the public water supply of the village of Cornwall.

(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 Cornwall is prohibited; nor shall any such watering be allowed in any watercourse tributary to this 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 village of Cornwall.

(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 watercourse tributary to the public water supply of the village of Cornwall, 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 from any reservoir or watercourse tributary to the public water supply of the village of Cornwall.

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

(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 150 feet before entering any reservoir or watercourse tributary to the public water supply of the village of Cornwall. (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 watercourse tributary to the the public water supply of the village of Cornwall.

(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 whatsoever shall be allowed in or upon the waters or ice of the reservoirs or watercourses tributary to the public water supply of the village of Cornwall.

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

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

(j) Inspections. The board of trustees of the village of Cornwall 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 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 133.6 - Village of Florida

133.6 Village of Florida.

(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 the entire drainage area of Glenmere Lake which forms the source of the public water supply of the village of Florida, Orange County, N. Y.

(b) Definitions. (1) The term lake wherever used in this section is intended to mean Glenmere Lake.

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

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

(c) Privies adjacent to lake 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 placed, maintained or allowed to remain within 75 feet of the lake or any watercourse tributary to the public water supply of the village of Florida.

(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 500 feet of the lake or 250 feet of any watercourse tributary to the public water supply of the village of Florida.

(3) Every privy, privy vault, pit or other receptacle of any kind or place, used for the temporary storage of human excreta, located between the limiting distance 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 such excreta shall be received in suitable watertight receptacles and shall at all times be disposed of as hereinafter 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 cleaned and deodorized as often as may be found necessary to maintain the privy in a 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 in being transferred from the privy to the place of disposal hereinafter specified and that the least possible annoyance and inconvenience be caused to the occupants of the premises or of the adjoining premises.

(5) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid receptacles 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 of not less than 500 feet of the lake or 250 feet of any watercourse tributary to the public water supply of the village of Florida.

(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, 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 of the ground or through the soil into the lake or any watercourse tributary to the public water supply of the village of Florida, then the said privy or receptacle 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 places 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 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 the lake or any watercourse tributary to the public water supply of the village of Florida, 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 500 feet of the lake and 250 feet of any watercourse tributary to the public water supply of the village of Florida. (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 into the lake or any watercourse tributary to the public water supply of the village of Florida, nor shall any such liquid or solid matter be thrown or discharged upon the surface of the ground or into the ground below 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 a distance of 100 feet of the lake or any watercourse tributary to the public water supply of the village of Florida. HEALTH

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

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in Glenmere Lake within 1,000 feet of the intake of the public water supply of the Village of Florida, nor shall any animal or poultry be allowed to stand, wallow, wade or swim in Glenmere Lake or any watercourse tributary thereof nor be washed therein. No watering place of any kind shall be maintained in such a way as to pollute with muddy leachings or excremental matter the waters of the lake or any stream tributary to the public water supply of the Village of Florida.

(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 of the lake or any watercourse tributary to the public water supply of the Village of Florida, 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 the lake or any tributary 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 the 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 of the lake or any watercourse tributary to the public water supply of the Village of Florida.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into the lake or tributary 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 Florida, 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 500 feet of the lake or 250 feet of any watercourse tributary to the public water supply of the Village of Florida, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet of the lake or any watercourse tributary to the public water supply of the Village of Florida.

(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 lake or any tributary 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 the lake or any tributary 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 the lake or watercourse tributary to the public water supply of the Village of Florida.

(f) Dead animals, offal, manufacturing waste, 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 the lake or any watercourse tributary to the public water supply of the Village of Florida, nor shall any such material or refuse be so placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach the lake or tributary 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 the lake or any watercourse tributary to the public water supply of the Village of Florida. (g) Fishing, boating, 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 Glenmere Lake, within 300 feet of the water supply intake of the Florida Water Works Company. Strict sanitary supervision shall be maintained by the water company over all ice-cutting operations on Glenmere Lake beyond the above-specified distance 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 from the lake or any watercourse tributary to the public water supply of the Village of Florida.

(i) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of the lake or any watercourse tributary to the public water supply of the Village of Florida.

(j) Inspections. The Florida Water Works Company or such other board as may be charged with the maintenance or supervision of the public water supply of the Village of Florida or its duly appointed representative shall make regular and thorough inspections of Glenmere Lake and all 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 company to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violation, 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 (the 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 133.7 - Village of Goshen

133.7 Village of Goshen. (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 Prospect and Greenhills Reservoirs and all watercourses tributary thereto or which may ultimately discharge into said Prospect and Greenhills Reservoirs and Burrow Swamp or which may be developed in the future to serve as sources of the water supply to the Village of Goshen.

(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 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 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 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.

(15) Reservoir shall mean any natural or artificial lake or pond which is tributary to or serves as a source of the Village of Goshen 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 and includes treatment works.

(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, 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.

(20) Water supply shall mean the public water supply of the Village of Goshen.

(21) Watercourse shall mean Burrow Swamp, and every spring, stream, marsh or channel of water of any kind which flow or may flow into the Village of Goshen water supply.

(22) Watershed shall mean the entire drainage area contributing water to the Village of Goshen 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 pesticides or herbicides 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 150-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 or any local municipal 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 and/or local municipal 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 town or village agency. 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 on or beneath the surface of the ground on the watershed, except in watertight pipes connected to a sewage disposal system or treatment works approved in accordance with subparagraph (iv) of this paragraph.

(5) Junkyards. 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 this Title.

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

(ii) Boating. No gasoline-powered engines will be permitted on the village reservoir. A permit must be obtained for boating from the Village of Goshen.

(iii) Fishing. No fishing shall be allowed in or upon any reservoir or watercourse owned by the Village of Goshen within a 1,000-foot linear distance of the water supply intakes.

(8) 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.

(9) 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 1,000-foot linear distance of any reservoir or watercourse.

(11) Trespassing. No trespassing shall be allowed upon the property of the Village of Goshen upon which the Prospect Hill Reservoir, Greenhills Reservoir, or Burrow Swamp are located and no person or persons shall enter in or upon such property except the person or persons authorized to enter such property by the Village of Goshen.

(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 Board of Trustees of Village of Goshen 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 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 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 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 violation. 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 133.8 - Village of Harriman

133.8 Village of Harriman. (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 395 of the Laws of 1928, shall apply to the well located on land, owned by the village, and situated approximately a mile southwest of the Village of Harriman, which forms the source of the public water supply of the Village of Harriman, Orange 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 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 the 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 the well of the public water supply of the Village of Harriman.

(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 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 within 100 feet of the public water supply of the Village of Harriman.

(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 75 feet of the well of the public water supply of the Village of Harriman.

(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 75 feet of the well of the public water supply of the Village of Harriman, 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 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 75 feet from the well of the public water supply of the Village of Harriman.

(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 or compost or other matter containing human excreta be buried in the soil unless covered with at least 12 inches of soil nor within a distance of 300 feet of the well; 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 well of the public water supply of the Village of Harriman.

(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, maintained or allowed to remain upon the surface of the ground or buried beneath the surface within 200 feet of the well of the public water supply of the Village of Harriman.

(g) Trespassing. No trespassing shall be allowed upon the property of the village upon which the well of the public water supply of the Village of Harriman 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 Harriman. (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 300 feet of the well of the public water supply of the Village of Harriman.

(i) Cemeteries. No interment of a human body shall be made within a distance of 300 feet of the well of the public water supply of the Village of Harriman.

(j) Inspections. The board of trustees of the Village of Harriman 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 Harriman or their duly appointed representatives 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.

(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 133.9 - Village of Highland Falls

133.9 Village of Highland Falls. (a) Application. The following rules and regulations enacted in accordance with the provisions of 1100 et seq. of the Public Health Law, formerly sections 70, 71 and 73 of chapter 45 of the Consolidated Laws, as amended, shall apply to the distributing reservoirs located at Bog Meadow Pond, located on Buttermilk Falls Brook above the junction of Stoney Lonesome Brook and to all natural and artificial reservoirs and watercourses entering or ultimately discharging into said distributing reservoirs which serve as sources of the public water supply furnished by the Village of Highland Falls to the Village of Highland Falls and parts of the Town of Highlands, Orange County, NY.

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

(1) The term water supply means the public water supply furnished by the Village of Highland Falls, Orange County, NY.

(2) The term reservoir means the distributing reservoir at the intake of the aforesaid water supply on Buttermilk Falls Brook above the junction of Stoney Lonesome Brook.

(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 waterflow.

(c) Human excreta. (1) No human excreta shall be deposited, thrown, placed or allowed to escape into the lake, 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 300 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.

(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 75 feet of any watercourse.

(5) Every privy or receptacle for the storage or deposit of human excreta located between the distances of 300 feet and 200 feet from the reservoir or between the distances of 150 and 75 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 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 on or beneath the surface of the ground within 300 feet of the reservoir or within 150 feet of any watercourse, except into watertight receptacles, the contents of which shall be disposed of as provided by paragraph (c)(3) of this section. If such watertight receptacles are used, they shall be located not less than 200 feet from the reservoir or 75 feet of any 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 the reservoir of any watercourse, nor be deposited on or beneath the surface of the ground within 200 feet of the reservoir or within 50 feet of any watercourse.

(2) 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 250 feet of the reservoir or within 50 feet of any watercourse, nor in such a manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into the reservoir or any watercourse.

(f) Bathing, boating, fishing, ice cutting. (1) No person shall bathe or swim or be allowed to bathe or swim in the reservoir or any watercourse. (2) No bathing, boating or fishing of any kind, ice cutting or any trespassing whatsoever shall be allowed in or upon the waters or ice of any reservoir or any tributary watercourse of the public water supply of the Village of Highland Falls except by duly authorized employees of the Village of Highland Falls in the performance of their duties of supervision and maintenance of the water supply, except that fishing may be allowed upon permit issued by the water department of the Village of Highland Falls under regulations and rules for the proper use of such permits and under the supervision of the superintendent of said water department, such permits being revocable at any time by the water department.

(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 a manner that the drainings, leachings or washings therefrom may directly pollute the reservoir or any watercourse.

(h) Manure. No manure pile shall be maintained or allowed to remain within 300 feet of the reservoir or within 50 feet of any watercourse, nor in such a manner as to pollute said reservoir or watercourse.

(i) Camps. No camp, tent, building or other 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 the reservoir or within 300 feet of any watercourse tributary to the water supply.

(j) Cemeteries. No interment of a human body shall be made within a distance of 400 feet of the reservoir.

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

(l) Inspections. The Village of Highland Falls or such others 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 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 said village to promptly notify the State Commissioner of Health of such violations. The Village of Highland Falls 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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Section 133.11 - Village of Monroe

133.11 Village of Monroe. (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 Mombasha Reservoir and all watercourses tributary thereto or which may ultimately discharge into said Mombasha Reservoir or which may be developed in the future to serve as sources of the water supply to the Village of Monroe.

(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 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 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 spontaneously emits radiation. 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 Monroe 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 Monroe.

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

(18) Watershed shall mean the entire drainage area contributing water to the Village of Monroe 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 300 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 75-foot linear distance of any reservoir or watercourse.

(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 300-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 Monroe.

(ii) Boating. No gasoline-powered engines will be permitted on Mombasha Reservoir. Launching of boats may only take place at a point designated by the Village of Monroe water superintendent. A permit must be obtained for boating by the Village of Monroe water superintendent. Boats must meet standards acceptable to the Village of Monroe water superintendent.

(iii) Fishing and trespassing. No fishing or trespassing shall be allowed in or upon any reservoir or watercourse owned by the Village of Monroe within a 1,000-foot linear distance of the water supply intakes except by duly authorized employees of the Village of Monroe in the performance of their duties of supervision and maintenance of the water supply. Permits for fishing in other areas of Mombasha Reservoir must be obtained by the Village of Monroe water superintendent. No fishing shall be allowed from the shoreline of Mombasha Reservoir.

(7) Solid waste. (i) Junkyards. No junkyard shall be located within a 500-foot linear distance of any reservoir or watercourse.

(ii) Refuse. No refuse shall be deposited on or beneath the surface of ground within a 500-foot linear distance of any reservoir or watercourse.

(iii) Refuse disposal area. No refuse disposal area shall be located within a 1,000-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 1,000-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 Monroe. (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 1,000 feet of any reservoir or watercourse.

(iii) Motorized equipment. No motor-driven equipment shall be permitted on the water or ice of any reservoir or watercourse owned by the Village of Monroe, except by duly authorized employees of the community in the performance of their duties of supervision and maintenance of the water supply.

(e) Inspections. The commissioner of water supply 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 provisions of this section are being complied with. It shall be the duty of the aforesaid commissioner of water supply 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 water supply to promptly notify the State Commissioner of Health of such violations. The aforesaid commissioner of 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.

(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 133.12 - Village of Port Jervis

133.12 Village of Port Jervis. (a) Privies adjacent to any reservoir or watercourse.

(1) No privy or place for the deposit or storage of human excreta shall be constructed, located or maintained within 50 feet, horizontal measurement, from the high-water mark or precipitous bank of any reservoir, pond, 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 Port Jervis.

(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 pond or 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, reception or storage 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 pond or reservoir or between the aforesaid limits of 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 privy or place 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 upon the foundation or floor of said privy. In effecting this removal, the utmost care shall be exercised that none of the contents of the receptacles be allowed to escape while being transported from the privy to the place of ultimate disposal hereinafter specified and that the least possible annoyance or inconvenience be caused to occupants of the premises or of adjoining premises.

(5) Unless otherwise specifically ordered or permitted in writing by the board of health of the Village of Port Jervis, the excreta collected in the aforesaid receptacles shall, when removed, be disposed of by burying in trenches or by thoroughly digging into the soil at such places and in such manner as to effectually prevent their being washed over the surface of the ground by rain or melted snow and at distances not less than 500 feet, horizontal measurement, from the high-water mark of any pond or reservoir and not less than 300 feet horizontal measurement, from the high-water mark or precipitous bank of any spring, stream, ditch or watercourse of any kind, the water of which, when running, flows into a reservoir of the public water supply of the Village of Port Jervis.

(6) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground, 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 or from any trench or place of disposal may be washed over the surface or through the subsoil into a pond or 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 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 pond or 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, pond, spring, stream, ditch or watercourse aforesaid within 50 feet, horizontal measurement, of the high-water mark or precipitous bank of any pond, 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 pond, 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, cattle pen, pigsty, hen-house, stable yard, 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 nearer than 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 pond or 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 pond, 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 pond, reservoir, spring, stream, ditch or watercourse aforesaid.

(g) Penalty. In accordance with section 70 of the Public Health Law of the State of New York, 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 133.13 - Village of Tuxedo Park

133.13 Village of Tuxedo Park. (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 last amended by chapter 879 of the Laws of 1953, shall apply to Tuxedo Lake, Pond No. 3 and Wee Wah and its tributaries which now serve or which may be developed in the future to service as sources of the public water supply of the Village of Tuxedo Park and the hamlet of Tuxedo 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 Village of Tuxedo Park and the hamlet of Tuxedo.

(2) The term either lake whenever used in this section is intended to mean the above-mentioned Tuxedo Lake, Pond No. 3 and Wee Wah and means said body of water serving as the source of the water supply of the Village of Tuxedo Park and the hamlet of Tuxedo.

(3) The term watercourse means every spring, pond (other than reservoirs), stream, marsh or channel of any kind, including ditches, gutters or artificial underdrains, the waters of which 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 drainage system or sewer.

(c) Human excreta. (1) No human excreta shall be deposited, thrown or placed or allowed to escape into either 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 shall be buried in the soil on the watershed of the water supply.

(4) No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or shall be allowed to remain with its nearest point less than 250 feet, horizontal measurement, from the high-water mark on either lake or from the edge, margin or precipitous bank of any watercourse of the Tuxedo water supply, except a properly constructed and operated sewage disposal plant, as hereinafter set forth in paragraph (d)(1) 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 trustees of the Village of Tuxedo Park and in such manner as effectually to prevent any pollution of the public water supply.

(6) Every privy, privy vault, pit, cesspool or other receptacle or place used for the temporary storage of human excreta, which is constructed, located or maintained within the aforesaid limit of 250 feet, horizontal measurement, of the high-water mark of either lake or watercourse, 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, 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 shall be emptied when filled within six inches of the top and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(7) 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. (8) 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. HEALTH

(d) Sewage, wastes, garbage. (1) No sewage shall be discharged or allowed to flow into the lake or any watercourse nor deposited beneath the surface of the ground within 250 feet, horizontal measurement, from the high-water mark of either lake or from the edge, margin or precipitous bank of any watercourse of the Tuxedo water supply except into watertight receptacles, the contents of which shall be disposed of as provided for by paragraph (c)(7) of this section. If such watertight receptacles are used, they shall not be located within 250 feet of the watercourse; provided, however, when 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 (c)(5) of this section. 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, except the effluent from a properly constructed and operated sewage treatment plant as hereinbefore provided by paragraph (1) of this subdivision, 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 250 feet of the watercourse.

(3) 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 lake or watercourse nor on or beneath the surface of the ground within 250 feet of the 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.

(e) Bathing. No person or persons shall bathe or swim or be allowed to bathe or swim in Tuxedo Lake.

(f) Animals. (1) No animal or poultry shall be allowed to stand, wade, wallow or swim nor to be washed or watered in either lake 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, hogpen, poultry house and 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 the nearest point less than 250 feet, horizontal measurement, from the high-water mark of either lake nor less than 250 feet, horizontal measurement, from the edge, margin or precipitous bank of any watercourse of the Tuxedo water supply, unless such stable for cattle or horses, hogpen or poultry house shall have cemented watertight floors connected with the sewers and in which all manure shall be temporarily kept in covered cemented pits or compartments, draining into sewers, and protected from the wash of surface water, and unless such barnyard, poultry yard, hitching place or standing place for horses or other animals shall be paved with cemented watertight material, protected from the wash of roof water and surface water, and connected with the sewers.

(g) 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.

(h) Inspections. The board of trustees of the Village of Tuxedo Park 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 village shall make regular and thorough inspections of the lake, watercourse and watersheds tributary theretofore 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 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. (f) 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 133.14 - Village of Walden

133.14 Village of Walden. (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 wells which now serve or which will be developed to serve as sources of public water supply of the Village of Walden, Orange County, NY.

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

(1) The term water supply means the public water supply of the Village of Walden.

(2) The term well means either of the wells now serving as sources of water supply for the Village of Walden and also any wells which may be developed to serve as sources of water supply for the Village of Walden.

(3) The linear distance of a structure or object from a well is the shortest horizontal distance from the nearest point of the structure or object to the well.

(4) 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.

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

(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) Human excreta. (1) No human excreta shall be deposited, thrown or placed on the surface of the ground at any point within 200 feet of any well nor in such manner that it can be washed by rain, melting snow or otherwise over the surface of the ground into any well.

(2) 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 well and covered with 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.

(e) Privies. (1) 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 well except a properly constructed and operated sewage disposal plant, as hereinafter set forth in subdivision (f) 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 distance above named can be obtained within the limits of such property.

(2) 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 (1) of this subdivision cannot be obtained, shall be placed as far as possible from any well 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 well. 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 Walden and in such a manner as effectually to prevent any pollution of the public water supply.

(3) Every privy or receptacle for the storage or deposit of human excreta located within the distances of 150 feet and 200 feet of any well 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 (d)(2) of this section.

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

(f) Sewage. No sewage shall be discharged or deposited on or beneath the surface of the ground within 200 feet of any well, 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 Walden. 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. (g) Sink and laundry wastes. No bath water, sink or laundry wastes or polluted liquid of any kind shall be deposited on or beneath the surface of the ground within 100 feet of any well.

(h) 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 on or beneath the surface of the ground within 200 feet of any well nor in such manner that it can be washed by rain, melting snow or otherwise over the surface of the ground to a point within 200 feet of any well.

(i) Animals, poultry, stables. (1) No watering place for animals or poultry shall be maintained in such a way as to pollute any well 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 pollute any well.

(j) Manure. No manure pile shall be maintained or allowed to remain within 100 feet of any well.

(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 500 feet of any well.

(l) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of any well.

(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 trustees of the Village of Walden 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 well 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 violations. 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.

(o) 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 133.15 - Village of Warwick

133.15 Village of Warwick. (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 and 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 Warwick, Orange 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 to or 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 or every kind of waters of which, when running, whether continuously or occasionally, eventually flow or may flow into the public water supply of the Village of Warwick.

(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 watercourse tributary to the public water supply of the Village of Warwick.

(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 Warwick.

(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 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 pits at a depth of not less than 18 inches below the surface and at some point off the watershed tributary to the public water supply of the Village of Warwick.

(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 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 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 Warwick, nor shall any such matters by 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 (c)(4) of this section, within 300 feet of any reservoir or watercourse tributary to the public water supply of the Village of Warwick.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or wastewater 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, 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 watercourse tributary to the public water supply of the Village of Warwick.

(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.

(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 Warwick is prohibited; nor shall any such watering be allowed in any watercourse tributary to this water supply within 1,000 feet of said reservoirs. 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 Warwick.

(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 watercourse tributary to the public water supply of the Village of Warwick 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 a distance of not less than 150 feet from any reservoir or watercourse tributary to the public water supply of the Village of Warwick.

(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 surface of the ground at any point on the watershed tributary to the public water supply of the Village of Warwick; nor shall such human excreta, compost or other matter containing the same be dug or buried in the soil at any point on the watershed tributary to the public water supply of Warwick, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 150 feet from any reservoir or watercourse tributary to the public water supply of the Village of Warwick.

(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 watercourse tributary to the public water supply of the Village of Warwick. (f) Dead animals, offal, manufacturing waste, 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 250 feet from any reservoir or watercourse tributary to the public water supply for the Village of Warwick.

(g) Fishing, boating and ice cutting. No boating of any kind or fishing from boats or through the ice or any trespassing whatsoever shall be allowed in or upon the waters or ice of the reservoirs tributary to the public water supply of Warwick. Neither shall any ice cutting be allowed from said reservoirs.

(h) 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 watercourse tributary to the public water supply of the Village of Warwick.

(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 Warwick.

(j) Inspections. The board of water commissioners of the Village of Warwick 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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