CITIES

Section 152.1 - City of Glens Falls

CITIES

Section 152.1 City of Glens Falls. (a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71, 72 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 695 of the Laws of 1911, and as heretofore set forth shall apply to all streams, lakes and reservoirs of the drainage areas tributary to the reservoirs from which water is drawn for the water supply of the City of Glens Falls, Warren County, New York, which are intended to comprise all watercourses entering or ultimately discharging into the Wilkie, Keenan and Butler reservoirs.

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

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

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

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

(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 with its nearest point within 200 feet of any reservoir or watercourse of the water supply of the City of Glens Falls.

(3) Every privy, privy vault, pit or other receptacle or place, used for the temporary storage of human excreta, which is constructed, located, maintained or allowed to remain between the limiting distances of 75 feet and 200 feet, as provided by paragraphs (1) and (2) of this subdivision, from which privy or other receptacle the excreta are not at once removed by pump or other satisfactory means through watertight pipes or conduits to some proper place or ultimate disposal as hereinafter provided, shall be arranged in such a manner that all such excreta shall be received temporarily in suitable vessels or receptacles which shall at all times be maintained in an absolutely watertight condition and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(4) The excreta collected in the aforesaid 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 of the adjoining premises.

(5) Unless otherwise specifically ordered or permitted by the State Department of Health, the excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or by thoroughly digging into the soil in such place and manner as to effectually prevent its being washed over the surface of the ground by rain or melting snow and at distances not less than 400 feet from any reservoir or watercourse of the City of Glens Falls.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height of flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal or the garbage or wastes from any dump may be washed over the surface of the ground or through the soil in an imperfectly purified condition into any reservoir or watercourse, then the said privy or receptacles for excreta or the said trench or place of disposal or the said garbage or waste dump shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health. (d) Sewage, house slops, sink wastes, etc. (1) No house slops, bath water, sewage or other excremental matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, conducted or allowed to escape or flow in any manner, either directly or indirectly, into any reservoir or watercourse of the water supply of the City of Glens Falls, 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 within 400 feet of any reservoir or watercourse.

(2) No garbage, putrescible matter, kitchen or sink waste, refuse or waste water from any creamery, cheese factory, laundry, nor water in which milk cans, utensils, clothing, bedding, carpets or harnesses have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse of the water supply of the city of Glens Falls, nor shall any such liquid or solid refuse or waste be thrown, discharged or allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse of the water supply of the city of Glens Falls within 150 feet of any such reservoir or watercourse.

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

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

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 200 feet from any reservoir or watercourse of the water supply of the city of Glens Falls 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 such reservoir or watercourse without first having passed over 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 before entering any such reservoir or watercourse.

(3) No human excreta, cesspool, compost or other matter containing same shall be thrown, placed or allowed to escape into any reservoir or watercourse nor be placed, piled or spread upon the ground or dug or buried in the soil within a distance of 400 feet from any reservoir or watercourse or the water supply of the city of Glens Falls, and no manure or compost of any kind shall be placed, piled or spread upon the ground within 200 feet of any such reservoir or watercourse.

(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 of the water supply of the city of Glens Falls without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that sufficient purification has been secured unless the above mentioned drainage, leachings or washings shall have percolated over or through the soil in a scattered or dissipated form, not concentrated in perceptible lines of drainage, for a distance of not less than 150 feet before entering any such reservoir or watercourse.

(f) Dead animals, offal, manufacturing waste, etc. No dead animal, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse of the water supply of the city of Glens Falls, 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 such reservoirs or watercourse without first having percolated over or through the soil in a scattered, dissipated form, not concentrated in perceptible lines of drainage, for a distance of not less than 200 feet before entering such reservoir or watercourse. (g) Fishing, boating and ice cutting. No fish shall be taken from the impounding or distributing reservoirs nor shall any person fish in said reservoirs or through the ice upon the same nor trespass upon the water or ice thereof nor maintain or use any boat or boats thereon except the officials or duly authorized employees of the city of Glens Falls in the exercise of their duties in the management and operation of the reservoirs; nor shall any ice cutting or other operations incident thereto be allowed on any of the reservoirs which form or are tributary to the sources of the public water supply of the city of Glens Falls, except by permission and under rigid inspection and supervision of the board of water commissioners of the city of Glens Falls.

(h) Camps. No temporary camp, tent, building or other structure for housing laborers engaged on construction work or for other purposes shall be located, placed or maintained within 500 feet of any reservoir or watercourse of the water supply of the city of Glens Falls.

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

(j) Inspections. The board of water commissioners of the city of Glens Falls shall make regular and thorough inspections of the reservoirs, streams and drainage areas tributary thereto for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of said board of water commissioners to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules or regulations, it shall be the further duty of the board of water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners shall report in writing annually, on the first of January, the results of the regular inspections made during the preceding year, stating the number of inspections made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

(k) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 695 of the Laws of 1911, 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 152.6 - Bolton Water District, Town of Bolton

DISTRICTS

152.6 Bolton Water District, Town of Bolton. (a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 1100-1107 of the Public Health Law shall apply to Edgecomb Pond and its tributaries which now serve or which may be developed in the future to serve as sources of the public water supply of the Bolton Water District, Town of Bolton, Warren County, New York, and to all watercourses tributary thereto or ultimately discharging into said reservoir.

(b) Definitions. (1) Herbicide shall mean any substance used to destroy or inhibit plant growth.

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

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

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

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

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

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

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

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

(10) Sewage shall mean the waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.

(11) Sewage disposal system shall mean a system for disposing of sewage, industrial wastes or other wastes, and including sewers and treatment works.

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

(13) Treatment works shall mean any plant, disposal field, lagoon, pumping station, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary landfills, or other works not specifically mentioned herein, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage, industrial waste or other wastes.

(14) Watercourse shall mean every spring, stream, marsh or channel of any kind, the waters of which flow or may flow into the Bolton Water District public water supply.

(15) Watershed shall mean the entire drainage area contributing water to the Bolton Water District public water supply.

(16) Water supply shall mean the public water supply of the Bolton Water District, Town of Bolton, Warren County, New York.

(c) Human excreta and sewage. (1) No human excreta shall be deposited or allowed to escape into any reservoir or watercourse on the watershed.

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

(3) No human excreta shall be buried in the soil on the watershed unless deposited in trenches or pits at a distance of not less than 250 feet from any reservoir or watercourse and covered with not less than one foot of soil in such a manner as to effectually prevent its being washed into any reservoir or watercourse by rain or melting snow.

(4) No privy or receptacle of any kind for the deposit or storage of human excreta shall be constructed, placed, maintained or allowed to remain within 50 feet of any reservoir or watercourse, except:

(i) watertight receptacles;

(ii) water-flushed toilets connected by a watertight pipe to a sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such facilities; and

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

(5) No portion of the seepage unit (tile field, seepage pit or equivalent) of a subsurface sewage disposal system shall be constructed, placed or allowed to remain within 50 feet of any reservoir or watercourse.

(6) Every watertight receptacle referred to in paragraphs (4) and (9) of this subdivision shall be emptied when filled within six inches of the top of the receptacle. (7) In emptying a watertight receptacle or in transferring its contents to a transportable receptacle, all necessary care shall be exercised to prevent contamination of any reservoir or watercourse. All such transportable receptacles shall be provided with tightly fitting covers which are securely fastened when transporting wastes to the place of ultimate disposal. The contents of the watertight receptacles shall be disposed of in accordance with paragraph (3) of this subdivision or at a properly designed, constructed and operated sewage disposal system that has been approved by the appropriate State agency having jurisdiction over such facility.

(8) Before any existing sewage disposal system is altered or any new sewage disposal system is constructed on the watershed, the plans in relation thereto shall have been first approved by the appropriate State agency having jurisdiction over such facility. Standards for waste treatment works as published from time to time by the appropriate State agency having jurisdiction over such facility and paragraph (5) of this subdivision shall comprise the criteria to approve any proposed sewage disposal system.

(9) No sewage or polluted liquid of any kind shall be discharged or allowed to flow into any reservoir or watercourse, nor on or beneath the surface of ground on the watershed (excepting into watertight receptacles or watertight pipes connected to a sewage disposal system approved by the appropriate State agency having jurisdiction over such facility) within 50 feet of any reservoir or watercourse. These restrictions and limiting distances shall not apply to sewage treatment works installed in accordance with plans which first have been submitted to and approved by the appropriate State agency having jurisdiction over such facility.

(d) Refuse disposal area. No refuse disposal area shall be located within 250 feet of any reservoir or watercourse.

(e) Cemeteries. No interment of a human body shall be made within 250 feet of any reservoir or watercourse.

(f) Radioactive material. No radioactive material in excess of the quantity listed for said material in Table 4, Appendix 16-A (Ionizing Radiation), of this Title, shall be disposed of by burial in soil within 250 feet of any reservoir or watercourse.

(g) Junkyards. No junkyard shall be located within 100 feet of any reservoir or watercourse.

(h) Bathing and swimming. Bathing and swimming are prohibited in any reservoir or watercourse owned by the Bolton Water District.

(i) Temporary shelters. No hut, tent, shelter or building of any kind, except a waterworks structure, shall be permitted on the water or ice of any reservoir or watercourse owned by the Bolton Water District.

(j) Boating. No boats with motors utilizing fossil fuel shall be allowed in or upon the waters of any reservoir or watercourse owned by the Bolton Water District except by duly authorized employees of the Bolton Water District in the performance of their duties of supervision and maintenance of the water supply.

(k) Herbicides, pesticides and toxic chemicals. No herbicide, pesticide or toxic chemical shall be discharged, applied or allowed to enter into any reservoir or watercourse unless a permit to do so has been obtained from the appropriate State agency having jurisdiction.

(l) Manure. No manure pile shall be maintained or allowed to remain within 50 feet of a reservoir or watercourse.

(m) General clause. No person, including State agencies or political subdivisions having jurisdiction, shall perform any act or grant any permit or approval which may result in the contravention of the standards for raw water quality as contained in Part 170, Subchapter C (Water Supply Sources), Chapter III (Public Water Supplies), of this Title.

(n) Inspection. The town board or town water superintendent, or any person or persons as may be charged with the maintenance or supervision of the water supply, shall make regular and thorough inspections of the reservoir, watercourse and watershed to ascertain whether these rules and regulations are being complied with. It shall be the duty of the aforesaid town board to cause copies of any rules and regulations violated to be served upon the persons violating the same, together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the aforesaid town board to promptly notify the State Commissioner of Health of such violations. The aforesaid town board shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections made, the number of violations found, the number of notices served and the number of violations abated and the general condition of the watershed at the time of the last inspection. (o) Penalty. Penalties for violations shall be in accordance with section 1103 of the Public Health Law.
 

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Section 152.7 - Diamond Point Water District, Town of Lake George

152.7 Diamond Point Water District, Town of Lake George. (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 Smith Brook and all tributaries above the intake of the supply which now serve or which may be developed in the future to serve as sources of the public water supply of the Diamond Point Water District, Town of Lake George, Warren County, New York, and to all watercourses tributary thereto or ultimately discharging into said public water supply or its reservoirs.

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

(2) District shall mean the Diamond Point Water District.

(3) 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).

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

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

(6) 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.

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

(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, 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) Reservoir shall mean any natural or artificial lake or pond which is tributary to or serves as a source of the public water supply of the Diamond Point Water District.

(17) 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.

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

(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) Trustee shall mean the town board of the Town of Lake George as trustee for the Diamond Point Water District.

(22) Watercourse shall mean every spring, stream, marsh, pond, reservoir or channel of water of any kind, the waters of which flow or may flow into the Diamond Point Water District public water supply.

(23) Watershed shall mean the entire drainage area contributing to the Diamond Point Water District public water supply.

(24) Water supply shall mean the public water supply of the Diamond Point Water District, Town of Lake George, Warren County, New York.

(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. In addition, no clothing, bedding, carpets, harnesses, vehicles, receptacles, utensils, nor anything that in any way or to any degree pollutes water shall be washed, rinsed or placed in the reservoir or in any watercourse tributary thereto within a distance of one mile upstream from the reservoir. (d) Specific prohibitions. (1) Bathing and swimming. Bathing and swimming are prohibited within any watercourse or reservoir on the watershed.

(2) Cemeteries; dead animals. (i) No interment of a human body shall be made within the watershed.

(ii) No dead animal, bird, fish, nor any part thereof, shall be thrown or placed into any watercourse tributary to Smith Brook above the intake of the water system; nor shall any such material be placed, maintained, or allowed to remain such that the drainage, leachings or washings therefrom may reach any watercourse without first having percolated over or through the soil in a scattered, dissipated form, and not concentrated in perceptible lines of drainage, for a linear distance of 250 feet from any such watercourse.

(iii) The burying of animals, birds, fish, etc., or parts thereof, is prohibited within a 250-foot linear distance of any reservoir or watercourse tributary to the Diamond Point Water District public water supply.

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

(4) Dams. No person shall construct a pond or erect, reconstruct or repair any dam or impoundment structure or other artificial obstruction, temporary or permanent, in or across a watercourse in the watershed without authorization from the trustee of the district.

(5) Herbicides and pesticides. No herbicide or pesticide 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. Any application for such permit must clearly state that the land to which the permit relates is located within the watershed.

(6) Erosion control. (i) Erosion control procedures shall be employed where construction in the watershed will result in sediment entering Smith Brook above the water intake of the Diamond Point Water District public water supply.

(ii) Any work which will involve a change, modification, or otherwise disturb the course, channel or bed of Smith Brook above the intake of the Diamond Point Water District public water supply will require necessary permits from appropriate State regulatory agencies, as well as approval of the trustee.

(7) Human excreta and sewage. (i) No human excreta shall be deposited or allowed to escape into any reservoir or watercourse on the watershed.

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

(iii) No human excreta shall be buried in the soil on the watershed, unless deposited in trenches or pits at a linear distance of not less than 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, privy vault, pit, cesspool, or similar nonwatertight receptacle of any kind for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained, or allowed to remain on the watershed. Only effluent from an approved treatment works may be discharged into the subsurface ground strata. Treatment works must have the approval of the Lake George Consolidated Board of Health and the appropriate State agency having jurisdiction.

(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 150-foot linear distance of any reservoir or watercourse.

(vi) Watertight tanks employed for the temporary storage of sewage, if allowed to be utilized by the trustee, shall not be permitted to overflow in any amount. Licensed scavenger units shall be employed, as necessary, to service such tanks and dispose of tank contents only in approved, authorized landfills or an operating municipal sewage treatment works.

(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 watercourse.

(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. Said plans must state in the application that the site is within the Diamond Point Water District watershed. The New York State Department of Health Waste Treatment Handbook Individual Household Systems, the Lake George Consolidated Board of Health sewerage regulations, and subparagraph (v) of this paragraph, shall comprise the criteria for approval of any proposed sewage disposal system. (ix) (a) 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 owing to other special local conditions, the excremental matter from any system, or from any trench, seepage disposal area, or any other place of disposal may, in the judgment of the Lake George Consolidated Board of Health and the New York State Department of Health, be washed over the surface or through the soil in an imperfectly purified condition into any watercourse, then said system 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 in the joint judgment of the Lake George Consolidated Board of Health and the New York State Department of Health.

(b) If the above limiting distance is not possible, due to lack of land area, etc., the owner shall take other corrective measures as approved by the Lake George Consolidated Board of Health and appropriate State agencies having jurisdiction.

(x) No sewage, house slops, bath water, or polluted liquid of any kind shall be thrown, placed, led, conducted, discharged or allowed to flow from any pipe, drain or ditch into any watercourse on the watershed, unless discharge is through a subsurface disposal system approved by the Lake George Consolidated Board of Health and the appropriate State agency having jurisdiction.

(8) Junkyards. No junkyard shall be permitted within the watershed.

(9) Manure; compost heaps; animal shelters. No stable, barnyard, hog pen, poultry house, hitching post, manure pile or compost heap shall be constructed, placed, or allowed to remain within a 250-foot linear distance of any reservoir or watercourse. None of the above-named objects or sources of pollution shall be constructed, placed, maintained or allowed to remain where, or in such a manner that, the drainage, leachings or washings therefrom may enter the reservoir or any watercourse tributary thereto without having first passed over or through such an expanse of soil as to have been properly and reasonably purified.

(10) Radioactive material. No radioactive material in excess of the quantity listed for said material in Table 4, Appendix 16-A (Ionizing Radiation) of this Title, shall be disposed of by burial in soil within a 500-foot linear distance of any reservoir or watercourse.

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

(12) Refuse disposal area. No new refuse disposal area shall be located within a 250-foot linear distance of any reservoir or watercourse on the watershed, and all such refuse disposal areas shall comply with existing town ordinances.

(13) 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 within the watershed.

(14) Toxic substances. No toxic substance shall be discharged, applied, or allowed to enter into any reservoir or watercourse, except as otherwise permitted by the provisions of paragraph (5) of this subdivision, and no container used for the storage of toxic substances shall be buried beneath the surface of the ground within a 250-foot linear distance of any such reservoir or watercourse.

(15) Trespassing. No trespassing shall be allowed upon the lands owned by the district, except by duly authorized personnel of the district in performing their duties of supervision and maintenance of the water supply.

(16) Other wastes. No pollutant of any kind shall be discharged, deposited, or allowed to flow into any reservoir or watercourse or on or beneath the surface of the ground or watershed within a 250-foot linear distance of any reservoir, except as otherwise permitted by the applicable provisions of paragraph (7) of this subdivision. This restriction shall not apply to the effluent from a treatment works installed in accordance with plans which first have been submitted to and approved by the appropriate State agency having jurisdiction over such facilities.

(e) Inspections. The Lake George Department of Public Works or its duly authorized personnel shall maintain systematic and thorough inspection of Smith Brook above the Diamond Point Water District water supply intake, as well as the entire drainage area tributary thereto, to ascertain compliance wi th all the foregoing provisions. A complete and detailed report of each such inspection shall be submitted in writing, by the Lake George Department of Public Works or its duly authorized personnel, to the town board of the Town of Lake George and the Lake George Consolidated Board of Health, within 10 days after the completion of each inspection. An annual report shall be submitted to the State Commissioner of Health and the Lake George Consolidated Board of Health prior to the 30th day of January. The report shall state the number of inspections which were made, 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 152.8 - North Creek Water District, Town of Johnsburgh

152.8 North Creek Water District, Town of Johnsburgh. (a) Application. The following rules and regulations enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as finally amended by chapter 391 of the Laws of 1933, shall apply to all natural and artificial reservoirs, watercourses and drainage areas tributary thereto or ultimately discharging into said reservoirs, serving as sources of the public water supply of the North Creek Water District, Town of Johnsburgh, Warren County, New York.

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

(1) The term water supply means the public water supply of the North Creek Water District.

(2) The term reservoir means any natural or artificially impounded body of water serving as the source of the aforesaid water supply and to any additional reservoir which may be constructed or used for this water supply.

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

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

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

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

(3) No human excreta or sewage shall be buried in the soil on the watershed of the water supply unless deposited in trenches or pits at a distance of not less than 500 feet from any reservoir or watercourse and covered with not less than 12 inches of soil in such a manner as to effectually prevent its being washed over the surface of the ground by rain or melting snow.

(4) No privy or receptacle of any kind for the storage or deposit of human excreta or sewage shall be constructed, placed, maintained or allowed to remain within 200 feet of any reservoir or watercourse.

(5) No privy or receptacle of any kind for the storage of human excreta shall be constructed, placed, maintained or allowed to remain within any mine or mine shaft, the drainage from which, either by gravity or by pumping, flows directly or indirectly into reservoir or watercourse.

(6) Every privy or receptacle for the storage or deposit of human excreta located between the limiting distances of 200 feet and 500 feet from any reservoir or watercourse shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

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

(8) No garbage, refuse or other material that pollutes water shall be deposited in any reservoir or watercourse nor on or beneath the surface of the ground within 200 feet thereof nor in such a manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into any reservoir or watercourse.

(d) Bathing. No person shall bathe or swim or be allowed to bathe or swim in any reservoir or watercourse.

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

(f) Camps. No camp, tent, building or other structures for occupancy by transients or for the housing of laborers engaged in construction work or for any other use, except as a private camp or dwelling maintained by a person for his own personal use or for the use of his family and friends, shall be located, placed or maintained within a distance of 500 feet of any reservoir or watercourse tributary to the water supply. All provisions of Part 7 of the State Sanitary Code (Chapter I of this Title) relating to camps shall be complied with. (g) General clause. In addition to observing the foregoing requirements all persons living on or visiting a watershed shall refrain from any act though not heretofore specified which may result in contamination of any portion of the water supply of the North Creek Water District.

(h) Inspections. The board of supervisors of the town of Johnsburgh or such other person or persons as may be charged with the maintenance or supervision of the public water supply of the North Creek Water District or the duly appointed representatives of any such board shall make regular and thorough inspections of the reservoirs, watercourses and drainage areas tributary thereto for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of said board to cause copies of any rules and regulations violated to be served upon the persons violating the same, together with notices of such violations. If such persons served do not immediately comply with the rules and regulations it shall be the further duty of said board to promptly notify the State Commissioner of Health of such violations. The board of supervisors shall report to the State Commissioner of Health in writing annually, on the first day or January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

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

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Section 152.9 - Warrensburg Water District, Town of Warrensburg

152.9 Warrensburg Water District, town of Warrensburg.

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, shall apply to all natural and artificial reservoirs on Big Brook, Bennett Brook and Harrington Brook or which are fed by water from these brooks and to all watercourses and drainage areas tributary thereto or ultimately discharging into said reservoirs, such bodies of water being sources of the public water supply of the Warrensburg Water District in the town of Warrensburg, Warren County, New York.

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

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than artificial reservoirs and filter basins), stream, ditch, gutter or channel of any kind, the waters of which, when running whether continuously or occasionally, eventually flow or may flow into the public water supply of the Warrensburg Water District. HEALTH 10B

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

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit or other receptacle of any kind, placed or used for either the temporary storage or the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 150 feet of any reservoir or within 75 feet of any watercourse tributary to the public water supply of the Warrensburg Water District, provided, however, that the property on which the privy, privy vault, pit or any other receptacle intended for either the temporary storage or permanent deposit of human excreta is built or is to be built is so located, bounded or otherwise placed that the distance above named can be obtained within the limits of such property.

(2) Every privy, privy vault, pit or other receptacle used or intended for either the temporary storage or the permanent deposit of human excreta and built on property which is located, bounded or otherwise placed that the distance named in paragraph (1) of this subdivision cannot be obtained within the limits of such property shall be placed as far as possible from any reservoir or watercourse and specially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight containers are provided, they shall be located as far as practicable from any reservoir or watercourse. All privies or receptacles referred to in this paragraph shall be constructed or installed only with the approval and under the supervision of the board of water commissioners of the Warrensburg Water District and so located that the tops of such receptacles shall be above the highest known water level of the reservoirs or watercourses.

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

(4) No privy, privy vault, pit, cesspool or other receptacle, which is not watertight, placed or used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 250 feet of any reservoir or within 100 feet of any watercourse tributary to the public water supply of the Warrensburg Water District.

(5) Every privy, privy vault, pit or other receptacle of any kind, placed or used for the temporary storage of human excreta, located between the limiting distances prescribed by paragraph (1) of this subdivision and the limiting distances prescribed by paragraph (4) of this subdivision, shall be arranged in such manner that all excreta shall be received in a suitable watertight receptacle or removable container which shall be emptied as set forth in paragraphs (6) and (7) of this subdivision. (6) Whenever the aforesaid watertight receptacles or removable containers become filled within six inches of the top, said receptacles or containers shall be emptied or removed and the contents disposed of as hereinafter provided in order to maintain the privy or receptacle in proper sanitary condition and effectually prevent any overflow upon the soil or upon the foundation or floor of the privy. In effecting this removal, the utmost care shall be exercised that none of the contents shall be allowed to escape while being transported from the privy or receptacle to the place of disposal hereinafter specified and that the contents or the removable containers while being transported shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

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

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

(d) Sewage, sink wastes, garbage, etc. (1) No bath water, laundry wastes, sewage or other excremental matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner either directly or indirectly into any reservoir or watercourse tributary to the public water supply of the Warrensburg Water District, nor shall any such liquid or solid matters be thrown, placed, led, conducted, discharged or allowed to escape or flow upon the surface of the ground or into the ground beneath the surface (except into watertight receptacles or removable containers the contents of which are to be removed as provided by paragraphs (6) and (7) of subdivision (c)) within 250 feet of any reservoir or 100 feet of any watercourse tributary to the public water supply of the Warrensburg Water District.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any garage, dairy or cheese factory nor water in which milk cans, utensils, clothing, bedding, carpets or harness have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse tributary to the public water supply of the Warrensburg Water District nor shall any such liquid or solid refuse or waste matter be thrown or discharged upon the surface of the ground or into the ground beneath the surface (except into watertight receptacles or removable containers, the contents of which are to be removed as provided by paragraphs (6) and (7) of subdivision (c)) within 75 feet of any reservoir or 35 feet of any watercourse tributary to the public water supply of the Warrensburg Water District.

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

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in and no animal or poultry shall be allowed to stand, wallow, wade or swim nor be washed or watered in any reservoir tributary to the public water supply of the Warrensburg Water District. No watering place shall be maintained in such a way as to pollute with muddy leachings or excremental matter any watercourse tributary to the public water supply of the Warrensburg Water District.

(2) No stable for cattle or horses, no barnyard, hogyard, pigpen, poultry house or yard, no hitching place or standing place for horses or other animals and no manure pile or compost heap shall be constructed, located, placed, maintained or allowed to remain within 100 feet of any reservoir or 35 feet of any watercourse tributary to the public water supply of the Warrensburg Water District, and none of the above named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 100 feet from any reservoir or 35 feet from any watercourse tributary to the public water supply of the Warrensburg Water District. (3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into any reservoir or watercourse nor be placed, piled or spread upon the surface of the ground at any point on the watershed tributary to the public water supply of the Warrensburg Water District, nor shall such human excreta or compost or other matter containing human excreta be buried in the soil unless covered with not less than 12 inches of soil nor within a distance of 200 feet of any reservoir or 100 feet of any watercourse tributary to the public water supply of the Warrensburg Water District and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet of any reservoir or 25 feet of any watercourse tributary to the public water supply of the Warrensburg Water District.

(4) No decayed or fermented fruit or vegetables, roots, grain, cider mill wastes or other vegetable refuse of any kind shall be thrown, placed discharged or allowed to escape or pass into any reservoir or watercourse nor shall they be thrown, placed, piled, maintained or allowed to remain in any such place that the drainings, leaching or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have been percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 100 feet from any reservoir or 25 feet from any watercourse tributary to the public water supply of the Warrensburg Water District.

(f) Dead animals, offal, industrial wastes. No dead animal, bird, fish or any part thereof nor any offal or polluted industrial wastes of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 200 feet from any reservoir or 100 feet from any watercourse tributary to the public water supply of the Warrensburg Water District.

(g) Fishing, boating and ice cutting. No boating or fishing of any kind and no ice cutting or any trespassing whatsoever shall be allowed in or upon the waters or ice of any reservoir tributary to the public water supply of the Warrensburg Water District, except by duly authorized employees of the Warrensburg Water District in the performance of their duties of supervision and maintenance of the public water supply of the Warrensburg Water District.

(h) Camps. No camp, tent, building or other structure for occupancy by transients or for the housing of laborers engaged in construction work or for any other use, except as a private camp or dwelling maintained by a person for his own personal use or for the use of his family and friends, shall be located, placed or maintained within a distance of 300 feet of any reservoir or watercourse tributary to the public water supply of the Warrensburg Water District.

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

(j) Inspections. The board of water commissioners of the Warrensburg Water District or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the Warrensburg Water District or the duly appointed representative of any such board shall make regular and thorough inspections of the reservoirs, watercourses and drainage areas tributary thereto for the purpose of ascertaining whether the above rules and regulations are being compiled with, and it shall be the duty of said board of water commissioners to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations, and if such persons served do not immediately comply with the rules and regulations it shall be the further duty of the board of water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection. (k) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.
 

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