DISTRICTS

Section 143.7 - Jefferson Water District, Town of Jefferson

DISTRICTS

143.7 Jefferson Water District, Town of Jefferson. (a) Application. The following rules and relations enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as finally amended by chapter 391 of the Laws of 1933, shall apply to the distributing reservoir and to all existing springs and such springs as may be developed in the future discharging into said reservoir which are located on what is known as the Ploof farm in Jefferson Town, and to any springs or reservoirs which may be constructed in the future and which serve as sources of the public water supply of the Jefferson Water District, Jefferson Town, Schoharie County, and shall also apply to the pond used as an emergency source of supply for fire protection in said district and any watercourse discharging into that pond.

(b) Definition of terms. Wherever used in this section: HEALTH 10B

(1) The term water supply means the public water supply of the Jefferson Water District, Jefferson Town, Schoharie County, New York.

(2) The term reservoir means distributing reservoir which is used to collect water from all of the springs.

(3) The term pond means the body of water surrounding this reservoir which may be used as an emergency source of water for fire purposes.

(4) The term watercourse means any stream, marsh or channel of any kind, the waters of which flow or may flow into said pond.

(5) The linear distance of a structure or object from a spring, reservoir or watercourse is the shortest horizontal distance from the nearest point of the structure or object to the structure of the spring or reservoir or to the ordinary high-water mark of the pond or watercourse.

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

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

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

(2) No human excreta shall be placed or spread upon the surface of the ground at any point between the springs and the top of the hill on which they are located nor on the watershed of the pond.

(3) No human excreta shall be buried in the soil on the watershed of the pond nor in the area surrounding the springs unless deposited in trenches or beds at a distance of not less than 500 feet from the springs or 200 feet from the pond or any watercourse and covered with not less than 12 inches of soil in such a manner as to effectually prevent its being washed over the surface of the ground by rain or melting snow.

(4) No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 300 feet of the springs or within 100 feet of the pond or any watercourse.

(5) Every privy or receptacle for the storage or deposit of human excreta located between the distances of 500 feet and 300 feet from the springs or between the distances of 200 and 100 feet from the pond or any watercourse shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container which shall be emptied when filled to within six inches of the top and 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 aforesaid privy, receptacle, trench or place of disposal and sewage or wastes from any place of disposal may be washed over the surface of the ground or through the soil in an imperfectly purified condition into any spring, pond 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 springs, the pond or any watercourse nor deposited on or beneath the surface of the ground within 500 feet of the springs or within 200 feet of the pond or any watercourse except into watertight receptacles, the contents of which shall be deposited as provided by paragraph (3) of subdivision (c). If such watertight receptacles are used, they should be located not less than 300 feet from the springs or 100 feet from the pond or any watercourse.

(e) Wastes, refuse and garbage. (1) No bath water, sink or laundry wastes shall be allowed to flow into the springs, pond or watercourse nor be discharged or deposited or allowed to be discharged or deposited on or beneath the surface of the ground within 300 feet of the springs and 100 feet of the pond and watercourse. (2) No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animal or other material or wastes that pollute water shall be deposited in the springs or in the pond or watercourse nor on or beneath the surface of the ground within 200 feet of the springs or within 50 feet of the pond and 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 springs, pond or watercourse.

(f) Bathing, boating, fishing and ice cutting. (1) No person shall bathe or swim or be allowed to bathe or swim in the springs, pond or any watercourse.

(2) No boating or fishing of any kind and no ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of the pond.

(g) Places for animals. (1) No animal or poultry shall be allowed to stand, wade, wallow or swim nor be washed or watered in the springs or pond or watercourse and no watering place shall be maintained in such a way as to pollute any spring, pond or watercourse with excremental matter.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals shall be located within 300 feet of the springs or within 100 feet of the pond or watercourse.

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

(i) Camps. No camp, tent, building or other structures for occupancy by transients nor 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 from the springs and 200 feet from the pond or watercourse.

(j) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of the springs.

(k) Trespassing. No trespassing shall be allowed upon the property of the Jefferson Water District upon which the springs of the public water supply of said district are located and no person or persons shall enter in or upon such property except such persons or persons as may be charged with the maintenance of the supply in the official performance of their duties or such other persons as may be authorized to enter said property by the said district.

(l) General clause. In addition to observing the foregoing requirements, all persons shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply.

(m) Inspections. The Jefferson Water District or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representative of that district shall make regular and thorough inspections of the area surrounding the springs, the pond and the watercourse and the drainage area tributary thereto for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of the aforementioned district to cause copies of any rules and regulations violated to be served upon the person 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 Jefferson Water District to promptly notify the State Commissioner of Health of such violations. The aforementioned water district shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular inspections which have been made, the number of violations found, the number of notices served and the general surroundings of the springs, pond and watercourse at the time of the last inspection.

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

Doc Status: 
Complete

Section 143.8 - Central Bridge Water District, Towns of Esperance and Schoharie, Schoharie County

Section 143.8 Central Bridge Water District, Towns of Esperance and Schoharie, Schoharie County.

(a) Application. The rules and regulations set forth in this section, duly made and adopted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to the upper and lower reservoirs, located off Voege Road, and all watercourses tributary thereto or which may ultimately discharge into said reservoirs or which may be developed in the future to serve as sources of the water supply to the Central Bridge Water District.

(b) Definitions:

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

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

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

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

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

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

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

(8) Linear distance shall mean the shortest horizontal distance from the nearest point of a structure or object to the high water mark of a reservoir or to the edge, margin or steep bank forming the ordinary high water line of a watercourse.

(9) Manure shall mean animal feces and urine.

(10) Non-agricultural associated animal waste shall mean manure obtained from non-agricultural industries.

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

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

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

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

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

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

(17) Reservoir shall mean any natural or artificial lake or pond which is tributary to or serves as a source of the Central Bridge Water District's water supply.

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

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

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

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

(22) Water District shall mean Central Bridge Water District in the Towns of Esperance and Schoharie.

(23) Water supply shall mean the public water supply of the Central Bridge Water District.

(24) Watercourse shall mean every spring, stream, marsh, or channel of water of any kind which flow or may flow into the water supply of the Central Bridge Water District. (25) Watershed shall mean the entire drainage area contributing water to the water supply of the Central Bridge Water District.

(c) General Prohibitions. No person, including State agencies or political subdivisions having jurisdiction, shall perform any act or grant any permit or approval which may result in the contravention of the standards for raw water quality as contained in Part 170 of Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York (10 NYCRR Part 170).

(d) Specific Prohibitions:

(1) Agricultural associated animal waste area. Agricultural associated animal waste areas shall be maintained such that surface run-off will not carry agricultural associated animal waste directly into any reservoir or watercourse.

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

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

(4) Chloride Salt. No chloride salt shall be stored within a 500 foot linear distance of any reservoir or watercourse except in weather-proof buildings or watertight vessels.

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

(6) Human excreta and sewage:

(i) no human excreta or sewage shall be deposited or allowed to escape into 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 100 foot linear distance of any reservoir or watercourse except (a) watertight receptacles; (b) water-flushed toilets connected by a watertight pipe to a sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such a facility; and (c) a properly designed, constructed and operated treatment works that has been approved by the appropriate State agency having jurisdiction over such facility;

(v) no portion of the seepage unit (tile field, seepage pit or equivalent) of a subsurface sewage disposal system shall be constructed, placed or allowed to remain within a 100 foot linear distance of any reservoir or watercourse;

(vi) every watertight receptacle used for containing human excreta or sewage shall be emptied when the receptacle is filled to within six inches of the top;

(vii) in emptying a watertight receptacle or in transferring its contents to a transportable receptacle, all necessary care shall be exercised to prevent contamination of any reservoir or watercourse. All such transportable receptacles shall be provided with tightly fitting covers which are securely fastened when transporting wastes to the place of ultimate disposal. The contents of the watertight receptacles shall be disposed of in accordance with subparagraph (iii) of this paragraph or at a properly designed, constructed and operated sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such facility; and

(viii) before any existing sewage disposal system is altered or any new sewage disposal 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 which are published from time to time by the appropriate State agency having jurisdiction over such facility, and subparagraph (v) of this paragraph shall comprise the criteria for designing any proposed sewage disposal system.

(7) Recreation:

(i) Bathing and swimming. No bathing and swimming shall be allowed in any reservoir or watercourse owned by the Water District;

(ii) Boating. No boating shall be allowed in or upon the waters of any reservoir or watercourse owned by the Water District within a 1,000 foot linear distance of the water supply intakes except by duly authorized employees of the Water District in the performance of their duties of supervision and maintenance; (iii) Fishing and trespassing. No trespassing shall be allowed in or upon any reservoir or watercourse owned by the Central Bridge Water District except for the purpose of fishing with the written permission of the Central Bridge Water District and by duly authorized employees of the Central Bridge Water District in the performance of their duties of supervision and maintenance of the water supply; however, no fishing shall be allowed by boat or within a 200 foot linear distance of the water supply intake of the lower reservoir.

(8) Radioactive material. No radioactive material shall be disposed of by burial in soil within 500 foot linear distance of any reservoir or watercourse and not within a 1,000 foot linear distance of any reservoir, or watercourse unless authorization has been obtained from the appropriate State agency and such burial is in accordance with the provisions of Part 16 of Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York (10 NYCRR Part 16).

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

(10) 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.

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

(12) 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 Water District.

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

(14) 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 or watershed within a 500 foot linear distance 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 governing body of the Water District or any person or persons charged with the maintenance or supervision of the public water supply system shall, by its officers or their duly appointed representatives make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid governing body 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 governing body to promptly notify the State Health Commissioner of such violations. Further steps to abate the said violations shall be taken in accordance with provisions of Section 1100 of the Public Health Law.

The aforesaid governing body shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations found, the number of notices served, the number of violations abated and the general condition of the watershed at the time of the last inspection.

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

Effective Date: 
Wednesday, February 20, 1991
Doc Status: 
Complete