Title: Section 127.101 - Long Island Water Corporation (Baldwin, Roosevelt, Hempstead Villa, Lakeview and Valley Stream)

127.101 Long Island Water Corporation (Baldwin, Roosevelt, Hempstead Villa, Lakeview and Valley Stream).

(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 existing wells and such wells as may be developed in the future on the properties of the Long Island Water Corporation at Baldwin, Roosevelt, Hempstead Villa, Lakeview and Valley Stream in the town of Hempstead, Nassau County, New York, such wells being the sources of public water supply of said corporation.

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

(1) The term water supply means the public water supply of the Long Island Water Corporation in the town of Hempstead, Nassau County, New York.

(2) The term wells means the wells now used as sources of this public water supply or any wells developed in the future as additional sources of this public water supply, which are located on land now owned by the corporation at Baldwin, Roosevelt and Valley Stream in Nassau County, New York.

(3) The linear distance of a structure or object from a well is the shortest horizontal distance from the nearest point of the structure or object to the well.

(c) Human excreta. (1) No human excreta shall be buried in the soil at a distance of less than 500 feet from any well.

(2) 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 50 feet of any well.

(3) Every privy or receptacle for the storage or deposit of human excreta, located between the prescribed 50 feet and 150 feet from any well, 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 and the contents disposed of so that no nuisance will be created.

(4) 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 through the soil in an imperfectly purified condition into any well, 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.

(d) Sewage. (1) No sewage shall be discharged nor deposited on or beneath the surface of the ground within 150 feet of any well except into watertight receptacles, the contents of which shall be removed, before overflowing, in such a manner as to prevent the pollution of the ground about the receptacle, 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 iron pipe shall be located within 50 feet of any well.

(2) No bath water, sink or laundry wastes shall be discharged or deposited on or beneath the surface of the ground within 75 feet of any well.

(e) Wastes, refuse and garbage. No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animal or other material that pollutes water shall be deposited on or beneath the surface of the ground within 100 feet of any well nor in such a manner that it can be washed by rain, melting snow or otherwise through the ground into the wells.

(f) Places for animals. 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 located within 100 feet of any well.

(g) Manure. No manure or manure pile shall be maintained or allowed to remain within 150 feet of any well.

(h) Trespassing. No trespassing shall be allowed upon the property of the Long Island Water Corporation upon which the wells of the public water supply of said corporation are located and no person or persons shall enter in or upon such property except such person or persons as may be charged with the maintenance of the supply in the official performance of their duties or such other persons as may be authorized to enter said property by the Long Island Water Corporation.

(i) 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 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 well.

(j) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of any well.

(k) Inspections. The Long Island Water Corporation, its officers or their 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 the aforesaid corporation 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 Long Island Water Corporation to promptly notify the State Commissioner of Health of such violations. The aforesaid corporation shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular inspections which have been made, the number of violations found, the number of notices served and the general surroundings of the wells at the time of the last Inspection. (l) 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.