Title: Section 112.3 - Village of Fishkill

VILLAGES

112.3 Village of Fishkill.

(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 Laws), as finally amended by chapter 395 of the Laws of 1928, HEALTH 10B 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 village of Fishkill, Dutchess County, New York.

(b) Definitions. (1) The term water supply wherever used in this section means the public water supply of the village of Fishkill, Dutchess County, New York.

(2) The term reservoir means all natural or artificial reservoirs serving as a source of the aforesaid water supply.

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

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

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

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

(3) No human excreta shall be buried in the soil on the watershed of the water supply unless deposited in trenches or pits at a distance of not less than 500 feet from the reservoir or 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 reservoir or any watercourse.

(5) Every privy or receptacle for the storage or deposit of human excreta located between the limiting distance of 300 feet, prescribed in paragraph (4) of this subdivision, and the distance of 500 feet from the reservoir 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 within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

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

(d) Sewage. No sewage, bath water, sink or laundry wastes shall be discharged or allowed to flow into the reservoir or any watercourse nor deposited on or beneath the surface of the ground within 500 feet of the reservoir or any watercourse, except into watertight receptacles or into a sewage treatment plant, plans for which shall have been submitted to and approved by the State Commissioner of Health. If such watertight receptacles are used, they shall be located not less than 300 feet from the reservoir or any watercourse and the contents removed and disposed of as provided by paragraph (3) of subdivision (c).

(e) Wastes, refuse and garbage. No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or other material that pollutes water shall be deposited in the reservoir or any watercourse nor on or beneath the surface of the ground within 300 feet thereof nor in such a manner that it can be washed by rain, melting snow or otherwise over the surface of or through the ground into the reservoir or any watercourse.

(f) Bathing. No person shall bathe or swim or be allowed to bathe or swim in the reservoir.

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

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals shall be so located or maintained in such manner that the drainings, leachings or washings therefrom shall pollute the reservoir or any watercourse. (h) Manure. No manure or manure pile shall be maintained or allowed to remain within 300 feet of the reservoir or any watercourse nor in such a manner as to pollute said reservoir or watercourse.

(i) 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 the reservoir except by duly authorized employees of the village of Fishkill in the performance of their duties of supervision and maintenance of the water supply.

(j) Camps. No camp, tent, building or other structure for occupancy by transients or for the housing of laborers engaged in construction work or for any other use, except as a private camp or dwelling maintained by a person for his own personal use or for the use of his family and friends, shall be located, placed or maintained within a distance of 500 feet of the reservoir or any watercourse tributary to the water supply.

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

(l) Inspections. The board of trustees of the village of Fishkill or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the village of Fishkill or the duly appointed representatives of any such board shall make regular and thorough inspections of the reservoir, 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 of trustees to cause copies of any rules and regulations violated to be served upon the persons violating the same, together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the said board to promptly notify the State Commissioner of Health of such violations. The board of trustees shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

(m) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 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.