Title: Section 127.100 - Hempstead and Oyster Bay Water Company

COMPANIES

127.100 Hempstead and Oyster Bay Water Company.

(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, shall apply to all wells of the public water supply of the Hempstead and Oyster Bay Water Company, Nassau County, New York.

(b) Interpretation. 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 or 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 within 100 feet of any well of the public water supply of the Hempstead and Oyster Bay Water Company.

(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 within 200 feet of any well of the public water supply of the Hempstead and Oyster Bay Water Company.

(3) 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 distance described by paragraph (1) of this subdivision and the limiting distance prescribed by paragraph (2) of this subdivision, shall be arranged in such a manner that all excreta shall be received in suitable watertight receptacles and shall at all times be deposited as set forth in paragraphs (4) and (5) of this subdivision.

(4) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleaned and disinfected as often as may be found necessary in order to maintain the privy in proper sanitary condition and to 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 be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified and that the least possible annoyance or inconvenience be caused to occupants of the premises or to occupants of adjacent premises.

(5) Unless otherwise specially ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid receptacles shall, when removed, be disposed of by burying in trenches or pits at a depth of not less than 12 inches below the surface of the ground and in such manner as to effectually prevent them being washed over the surface of the ground by rain or melting snow and at a distance not less than 500 feet from any well of the public water supply of the Hempstead and Oyster Bay Water Company.

(6) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground or to the height or flow of subsoil or surface water or other special local condition, the 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 or through the soil in an imperfectly purified condition into any well of the public water supply of the Hempstead and Oyster Bay Water Company, then the said privy or receptacle for excreta or the 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, 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, conducted, discharged or allowed to escape on or beneath the surface of the ground within 200 feet of any well of the public water supply of the Hempstead and Oyster Bay Water Company, except into watertight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), or into suitable watertight iron pipes with tight leaded joints connected to a sewage disposal system, a permit for which has been granted by the State Commissioner of Health. It is provided, however, that no such watertight receptacle shall be within 100 feet, nor any such watertight iron pipe shall be within 25 feet of any well of the public water supply of the Hempstead and Oyster Bay Water Company.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any dairy, 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, discharged or allowed to escape or remain upon the surface of the ground or be allowed to escape or 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 Hempstead and Oyster Bay Water Company, nor shall any such liquid or solid matter be thrown or discharged upon the surface of the ground or into the ground below the surface except into watertight receptacles, the contents of which are to be removed and disposed of as provided by paragraphs (4) and (5) of subdivision (c), between the limiting distances of 100 feet and 200 feet of any well of the public water supply of the Hempstead and Oyster Bay Water Company. (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 Hempstead and Oyster Bay Water Company and none of the above named objects of sources of pollution shall be so constructed, placed, maintained or allowed to remain where or in such a manner that the drainage, leachings or washings from the same may enter any such well 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 distance of not less than 200 feet from any well of the public water supply of the Hempstead and Oyster Bay Water Company.

(2) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into any well nor to be thrown, placed, piled or spread upon the surface of the ground within 500 feet of any well of the public water supply of the Hempstead and Oyster Bay Water Company; nor shall such human excreta or compost or other matter containing human excreta be buried in the soil at a less depth than 12 inches below the surface of the ground nor within a distance of 500 feet of any well of the public water supply of the Hempstead and Oyster Bay Water Company, 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 Hempstead and Oyster Bay Water Company.

(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 allowed to remain on the surface of the ground or beneath the surface of the ground within a distance of 300 feet of any well of the Hempstead and Oyster Bay Water Company, nor shall any such material or refuse be so placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any well of said public water supply 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 300 feet.

(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 of any well of the public water supply of the Hempstead and Oyster Bay Water Company.

(h) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of any well of the public water supply of the Hempstead and Oyster Bay Water Company.

(i) Inspections. The Hempstead and Oyster Bay Water Company of the town of Hempstead or any other person or persons who may be charged with the maintenance or supervision of the public water supply of said company 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 company 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 company to promptly notify the State Commissioner of Health of such violations. The company 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 or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.
 

Volume

VOLUME B (Title 10)

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