Title: Section 120.6 - Village of Middleville

120.6 Village of Middleville. (Statutory authority: L. 1893, ch. 661; L. 1899, ch. 251)

(a) Privies adjacent to reservoirs, springs or watercourses. (1) No privy or place for the deposit or storage of human excreta shall be constructed, located or maintained within 50 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse of any kind, the water of which when running flows eventually into a reservoir of the Middleville public water supply.

(2) No privy, vault, pit or cesspool or non-transportable receptacle of any kind for the reception or storage of human excreta shall be constructed, located or maintained within 250 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir or within 130 feet, horizontal measurement, of the high-water mark or precipitous bank of any spring, stream, ditch or watercourse as aforesaid.

(3) Every privy or place for the deposit of human excreta, which is constructed, located or maintained between the aforesaid limits of 50 and 250 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir or 50 and 130 feet, horizontal measurement, of the high-water mark or precipitous bank of any spring, stream, ditch or watercourse as aforesaid and from which the said excrement is not at once removed automatically by means of suitable watertight pipes or conduits to some place of disposal beyond the maximum aforesaid limits, shall be arranged in such manner that all said excreta shall be received and temporarily retained in suitable vessels or receptacles, which shall at all times be maintained in an absolutely watertight condition and which will admit of convenient removal to some place of ultimate disposal beyond the said maximum limits.

(4) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleansed and deodorized as often as is necessary to keep the receptacles in proper sanitary condition and to prevent an overflow of the excreta upon the soil or floor of said privy.

(5) The excreta so collected shall be removed so as to cause the least nuisance possible and shall be so disposed of that they cannot be washed either over the surface or through the subsoil into any reservoir, spring, stream, ditch or watercourse of any kind as aforesaid and shall be so placed as not to cause an offensive nuisance.

(6) Whenever it shall be found that, owing to the porous character of the soil, the height and flow of surface and subsoil waters, the steepness of the slopes or other special conditions of the locality, the excremental matter from any privy, cesspool or other receptacle for human excreta may be washed over the surface or through the subsoil into a reservoir or any spring, stream, ditch or watercourse aforesaid without having been thereby, in the judgment of the State Department of Health, sufficiently purified, then the said privy, cesspool or other receptacle for human excreta shall, after due notice to the owner thereof, be removed to such greater distance from said high-water marks as shall be considered safe and proper by the State Department of Health.

(b) House slops, sink wastes, laundry water and other similar sewage.

(1) No sewage, house slops, sink wastes, water in which milk cans, clothes or bedding have been washed or rinsed nor any other polluted water or liquid shall be thrown or discharged directly into a reservoir or into any spring, stream, ditch or watercourse aforesaid nor shall any such aforesaid liquid or solid matter or other polluted liquid be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, spring, stream, ditch or watercourse aforesaid; nor shall any such polluted liquid be discharged into the ground below the surface in any manner whereby the same may flow into the reservoir, spring, stream, ditch or watercourse aforesaid without percolating through earth for a distance of at least 50 feet, horizontal measurement, or into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid within 50 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

(2) No clothing, animals, vehicles nor anything which pollutes water shall be washed, nor shall any person bathe in any reservoir, spring, stream, ditch or watercourse aforesaid.

(3) No garbage or putrescible refuse of any kind shall be thrown or discharged directly into any reservoir, spring, stream, ditch or watercourse aforesaid, nor shall any such substances be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, spring, stream, ditch or watercourse aforesaid; nor shall any such polluted liquid be discharged into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid without percolating through the earth for a distance of at least 50 feet, horizontal measurement, to the high-water mark or precipitous bank of any reservoir or of any spring, stream, ditch or watercourse flowing into any reservoir placed upon or below the surface of the ground where they may be washed into any spring, reservoir, stream, ditch or watercourse aforesaid within 50 feet of the high-water mark or precipitous bank thereof. (c) Manure, composts and similar matter. (1) No stable, pigsty, henhouse, barnyard, hog or duckyard, hitching or standing place for cattle or horses or other place where animal manure accumulates and no compost or manure heap shall be located or maintained within 100 feet of nor shall they or any watering place for horses, cattle or other animals be so arranged that the polluted drainings therefrom shall be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, spring, stream, ditch or watercourse aforesaid; nor shall any such polluted liquid be discharged into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid without percolating through earth for a distance of at least 50 feet, horizontal measurement, nor flow into or through open or covered drains within 50 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

(2) No human excreta or compost containing human excreta shall be spread upon the ground within 250 feet of the high-water mark or precipitous bank of a reservoir or within 130 feet of the high-water mark or precipitous bank of any spring, stream, ditch or watercourse aforesaid, and no manures or composts of any kind shall be deposited so that they may be washed at less distance than 250 feet over the surface of the ground or 50 feet through subsoil into any reservoir, spring, stream, ditch or watercourse aforesaid without having undergone purification.

(d) Dead animals, vegetable refuse and manufacturing wastes. No dead animal, bird or fish or part thereof nor any filthy or impure matter nor any decayed fruit or vegetable substance nor any waste products, putrescible matter or polluted waters from any slaughterhouse, dairy, creamery, cider mill, sawmill or other manufactory shall be thrown or allowed to run into any reservoir, spring, stream, ditch or watercourse aforesaid, nor shall they be so deposited that any portion thereof or of the polluted drainage therefrom shall be washed on the surface less than 250 feet or through the subsoil less than 50 feet into any reservoir, spring, stream, ditch or watercourse aforesaid without having undergone proper purification.

(e) Cemeteries. No interment of a human body shall be made within 500 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

(f) Management of the reservoirs. (1) The reservoirs of the Middleville public water supply shall not be unnecessarily drawn down during the warm months, but shall be kept as deep and as nearly a uniform level as possible, to prevent the pollution of the water with dead organic matter.

(2) No filter or screen shall be used when in a filthy condition and liable to pollute the water in the mains; and no filter or screen shall be used at the head of the main which cannot be constantly examined and cleaned.

(g) Penalty. In accordance with section 70 of chapter 661 of the Laws of 1893, as amended by chapter 251 of the Laws of 1899, a penalty of $50 is hereby imposed upon any corporation, person or persons guilty of a violation of or non-compliance with any of the above-given mandatory rules, to be recovered under the said act.