Title: Section 133.13 - Village of Tuxedo Park

133.13 Village of Tuxedo Park. (a) Application. The following rules and regulations enacted under the authority of article 11 of the Public Health Law, and of the whole thereof, as last amended by chapter 879 of the Laws of 1953, shall apply to Tuxedo Lake, Pond No. 3 and Wee Wah and its tributaries which now serve or which may be developed in the future to service as sources of the public water supply of the Village of Tuxedo Park and the hamlet of Tuxedo and to all watercourses tributary thereto or ultimately discharging into said reservoirs.

(b) Definitions. (1) The term water supply means the public water supply of the Village of Tuxedo Park and the hamlet of Tuxedo.

(2) The term either lake whenever used in this section is intended to mean the above-mentioned Tuxedo Lake, Pond No. 3 and Wee Wah and means said body of water serving as the source of the water supply of the Village of Tuxedo Park and the hamlet of Tuxedo.

(3) The term watercourse means every spring, pond (other than reservoirs), stream, marsh or channel of any kind, including ditches, gutters or artificial underdrains, the waters of which may flow into this water supply.

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

(5) The term human excreta means feces, urine and other excretions, commonly disposed of by the so-called dry system as typified by the ordinary privy.

(6) The term sewage means waste liquids containing human excreta and decomposing matter flowing in or from a drainage system or sewer.

(c) Human excreta. (1) No human excreta shall be deposited, thrown or placed or allowed to escape into either lake 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.

(4) No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or shall be allowed to remain with its nearest point less than 250 feet, horizontal measurement, from the high-water mark on either lake or from the edge, margin or precipitous bank of any watercourse of the Tuxedo water supply, except a properly constructed and operated sewage disposal plant, as hereinafter set forth in paragraph (d)(1) of this section; provided, however, that the property on which the privy or receptacle is built or is to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of such property.

(5) Every privy or receptacle of any kind for the storage or deposit of human excreta, built or to be built on property which is so located, bounded or otherwise placed that the distances named in paragraph (4) of this subdivision cannot be obtained, shall be placed as far as possible from any reservoir or watercourse and especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight containers are provided they shall be located as far as practicable from any reservoir or watercourse. All privies or receptacles referred to in this paragraph shall be constructed or installed only with the approval and under the supervision of the board of trustees of the Village of Tuxedo Park and in such manner as effectually to prevent any pollution of the public water supply.

(6) Every privy, privy vault, pit, cesspool or other receptacle or place used for the temporary storage of human excreta, which is constructed, located or maintained within the aforesaid limit of 250 feet, horizontal measurement, of the high-water mark of either lake or watercourse, from which privy or other receptacle the excreta are not at once removed automatically by means of suitable watertight pipes or conduits to some proper place of ultimate disposal, shall be arranged in such manner that all such excreta shall be received temporarily in suitable vessels or receptacles which shall at all times be maintained in an absolutely watertight condition and which shall be emptied when filled within six inches of the top and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(7) The excreta collected in the aforesaid receptacles shall be removed and the receptacles thoroughly cleansed and deodorized 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 foundations 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 contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises. (8) Whenever, in the opinion of the State Commissioner of Health, excremental matter from the 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 any reservoir or watercourse, 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. HEALTH

(d) Sewage, wastes, garbage. (1) No sewage shall be discharged or allowed to flow into the lake or any watercourse nor deposited beneath the surface of the ground within 250 feet, horizontal measurement, from the high-water mark of either lake or from the edge, margin or precipitous bank of any watercourse of the Tuxedo water supply except into watertight receptacles, the contents of which shall be disposed of as provided for by paragraph (c)(7) of this section. If such watertight receptacles are used, they shall not be located within 250 feet of the watercourse; provided, however, when the property on which the receptacle is built or to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of the property. In such case, the watertight receptacle shall be constructed and maintained as provided for in paragraph (c)(5) of this section. These restrictions and limiting distances shall not apply to sewage treatment plants installed under and in accordance with plans which first have been submitted to and approved by the State Commissioner of Health.

(2) No bath water, sink or laundry wastes or polluted liquid of any kind, except the effluent from a properly constructed and operated sewage treatment plant as hereinbefore provided by paragraph (1) of this subdivision, shall be discharged or allowed to flow into the lake or any watercourse nor be deposited on or beneath the surface of the ground within 250 feet of the watercourse.

(3) No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or parts thereof or any other matter that pollutes water shall be deposited in the lake or watercourse nor on or beneath the surface of the ground within 250 feet of the watercourse nor in such manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into any reservoir or watercourse.

(e) Bathing. No person or persons shall bathe or swim or be allowed to bathe or swim in Tuxedo Lake.

(f) Animals. (1) No animal or poultry shall be allowed to stand, wade, wallow or swim nor to be washed or watered in either lake or any tributary 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, hogpen, poultry house and yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be located, placed, maintained or allowed to remain with the nearest point less than 250 feet, horizontal measurement, from the high-water mark of either lake nor less than 250 feet, horizontal measurement, from the edge, margin or precipitous bank of any watercourse of the Tuxedo water supply, unless such stable for cattle or horses, hogpen or poultry house shall have cemented watertight floors connected with the sewers and in which all manure shall be temporarily kept in covered cemented pits or compartments, draining into sewers, and protected from the wash of surface water, and unless such barnyard, poultry yard, hitching place or standing place for horses or other animals shall be paved with cemented watertight material, protected from the wash of roof water and surface water, and connected with the sewers.

(g) General clause. In addition to observing the foregoing requirements, all persons living on or visiting the watershed shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply.

(h) Inspections. The board of trustees of the Village of Tuxedo Park or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representative of the village shall make regular and thorough inspections of the lake, watercourse and watersheds tributary theretofore 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 said board of trustees 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. (f) Penalty. In accordance with section 1103 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 879 of the Laws of 1953, 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.