Title: Section 109.2 - Village of Kinderhook

VILLAGES

109.2 Village of Kinderhook.(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 510 of the Laws of 1921, as heretofore set forth, shall apply to all wells of the public water supply of the village of Kinderhook, Columbia County, New York.

(b) Definition. Wherever a linear distance of a structure or object from a well is mentioned in this section it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to such well.

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

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

(3) No privy, privy vault, pit, cesspool or other receptacle of any kind used for the temporary storage of human excreta or sewage shall be constructed, located, maintained or allowed to remain between the limiting distance prescribed by paragraph (1) of this subdivision and limiting distance prescribed by paragraph (2) of this subdivision unless said privy, privy vault, pit, cesspool or other receptacle is made watertight and so arranged and equipped that the said excreta or sewage will not overflow and is at once removed by pump or other satisfactory means through watertight pipes or conduits to some proper place of ultimate disposal as hereinafter provided or unless suitable removable vessels or receptacles for the temporary storage of said human excreta or sewage are provided and at all times maintained in an absolutely watertight condition and in such manner as to permit of convenient removal of said excreta or sewage to some place of ultimate disposal as hereinafter set forth.

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

(5) Unless otherwise specially ordered or permitted in writing by the State Commissioner of Health, the excreta collected in the aforesaid removable watertight receptacles permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits at a depth of not less than 18 inches below the surface and at a distance not less than 500 feet from any well of the public water supply of the village of Kinderhook.

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

(d) Sewage, house slops, sink wastes, etc. (1) No house slops, bath water, laundry or garage wastes, sewage or other excremental matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, discharged, allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface except into watertight receptacles the contents of which are to be removed as provided by paragraph (4) of subdivision (c) within a distance of 300 feet from any well of the public water supply of the village of Kinderhook. (2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any dairy or cheese factory nor water in which milk cans, utensils, clothing, bedding, carpets or harness have been washed or rinsed nor any polluted water or liquid wastes or solid refuse of any kind shall be thrown, discharged, allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface within a distance of 200 feet from any well of the public water supply of the village of Kinderhook.

(e) Animals, manure, compost, etc. (1) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 200 feet from any well of the public water supply of the village of Kinderhook and none of the above named objects or sources of pollution shall be constructed, placed or allowed to remain where or in such manner that the drainings, leachings or washings therefrom may enter the ground water tributary to the public water supply of the village of Kinderhook without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the above drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a less distance than 200 feet of any well of the public water supply of the village of Kinderhook.

(2) No human excreta and no compost or other matter containing human excreta shall be placed, piled or spread upon the surface of the ground or be dug or buried in the soil at a less depth than 18 inches below the surface nor within a distance of 500 feet of any well of the public water supply of the village of Kinderhook and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 200 feet of any well of the public water supply of the village of Kinderhook.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animal, bird, fish or any part thereof nor any offal or waste matter of any kind, shall be thrown, placed, discharged or maintained or allowed to remain on the surface of the ground or beneath the surface of the ground within 300 feet of any well of the public water supply of the village of Kinderhook.

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

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

(i) Inspections. The board of water commissioners of the village of Kinderhook or such other board as may be charged with the maintenance of the public water supply of the village of Kinderhook or its duly appointed representative shall make regular and thorough inspections of the area surrounding the wells for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of said board of water commissioners to cause copies of any rules and regulations violated to be served upon the person violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations it shall be the further duty of the board of water commissioners to promptly notify the State Commissioner of Health of such violations. The said board of water commissioners shall report in writing annually, on the first day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the area surrounding the wells at the time of the last inspection.

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

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VOLUME B (Title 10)

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