Title: Section 134.2 - Village of Lyndonville

134.2 Village of Lyndonville.

(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 (the Public Health Law) as heretofore set forth shall apply to that portion of Lake Ontario within one mile of the intake of the public water supply of the village of Lyndonville, Orleans County, New York, and to all watercourses tributary to Lake Ontario within the above specified limits.

(b) Definitions. (1) The term intake wherever used in this section is intended to mean and refer to the point or points at which water is or may be admitted into the suction line or lines of the pump or pumps which obtain or may obtain water from Lake Ontario for the public water supply of the village of Lyndonville.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than artificial reservoirs and filter basins), streams, ditch, gutter or any channel of every kind, the waters of which, when running whether continuously or occasionally, eventually flow or may flow into Lake Ontario within the above specified limits.

(3) Wherever a linear distance of a structure or object from Lake Ontario or from a watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of the lake or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to Lake Ontario or tributary watercourses. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for the temporary storage of human excreta shall be constructed, placed, maintained or allowed to remain within 50 feet of Lake Ontario or tributary watercourse within the limiting distances from the intake of the public water supply of the village of Lyndonville, as previously defined, except a properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (2) of subdivision (d).

(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 100 feet of Lake Ontario or tributary watercourses within the limiting distance from the intake of the public water supply of the village of Lyndonville, as previously defined, except a properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (2) of subdivision (d).

(3) Every privy, privy vault, pit or other receptacle of any kind, used for the temporary storage of human excreta, located between the limiting distance prescribed by paragraph (1) of this subdivision and the limiting distance prescribed by paragraph (2) of this subdivision, unless said pit or other receptacle is made watertight and so arranged and equipped that the said excreta or sewage are at once removed by pump or other satisfactory means through watertight pipes or conduits to some proper place of ultimate disposal, as hereinafter provided, shall be arranged in such a manner that all such excreta shall be received in suitable watertight receptacles and shall be at all times disposed of as hereinafter set forth in paragraphs (4) and (5) of this subdivision.

(4) The excreta collected in the aforesaid watertight receptacles permitted under paragraph (3) of this subdivision shall be removed and the receptacles thoroughly cleaned and deodorized as often as may be found necessary to maintain these receptacles or the privy or the place in which they are kept in a proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundation or floor of the privy or other place. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape in being transferred from the privy or place of temporary storage to the place of disposal hereinafter specified and that the contents, while being transferred, shall be thoroughly covered and that the least possible annoyance and inconvenience be cause to the occupants of the premises and the adjacent premises.

(5) Unless otherwise specifically ordered or permitted in writing by the State Commissioner of Health, the excreta collected in the aforesaid watertight receptacles permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits at a depth not less than 18 inches below the ground surface in such place and manner as to effectually prevent the excreta being washed over the surface of the ground by rain or melting snow and at a distance of not less than 500 feet from Lake Ontario or any tributary watercourse within the limiting distances of the intake of the public water supply of the village of Lyndonville as previously defined. (6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal or the garbage or wastes from any dump may be washed over the surface or through the soil in an imperfectly purified condition into Lake Ontario or tributary watercourse within the limiting distance of the public water supply of the village of Lyndonville as previously defined, then the said privy or receptacle for excreta or the trench or place of disposal or the said garbage or waste dump 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, garbage or stable wastes or sewage or excremental matter from any water closet, privy, receptacle or other source, except the effluent from a properly constructed and operated sewage disposal plant as hereinafter provided under paragraph (2) of this subdivision, shall be thrown, placed, led, discharged or allowed to escape or flow into Lake Ontario or tributary watercourse within the limiting distance of the intake of the public water supply of the village of Lyndonville, nor shall the same be thrown, placed, led, discharged or allowed to escape or flow on the surface of the ground or into the ground beneath the surface except into watertight vessels or receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 100 feet of Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville, as previously defined.

(2) No sewage disposal plant, the effluent from which is to be discharged or allowed to flow directly or indirectly into Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville as previously defined, shall be constructed, enlarged, altered or put in operation until plans for the same shall have been submitted to and approved by the State engineer and a permit issued by the State Commissioner of Health allowing the discharge of such effluent as required by law and a copy of the plans, as approved, filed with the board of trustees of the village of Lyndonville.

(3) 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 or discharged directly or indirectly into Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville as previously defined, nor shall any such liquid or solid refuse or waste be thrown, discharged or allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface within a distance of 50 feet of Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville as previously defined.

(4) No clothing, bedding, carpet, harness, vehicle, receptacle, utensil nor anything that pollutes water shall be washed, rinsed or placed in Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville as previously defined.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in Lake Ontario or any tributary watercourse within 500 feet of the intake of the public water supply of the village of Lyndonville, nor shall any animals or poultry be allowed to stand, wallow, wade or swim in the lake nor be washed therein within this distance. No watering place shall be maintained in such a way as to pollute with muddy leachings or excremental matters Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville as previously defined.

(2) 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 25 feet from Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville as previously defined, and none of the above named objects or sources of pollution shall be constructed, placed or allowed to remain where or in such manner that the drainings, leachings or washings therefrom may enter Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville as previously defined 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 less distance than 25 feet from Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville as previously defined. (3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville, as previously defined, nor to be placed, piled or spread upon the surface of the ground at any point on the watershed tributary to the public water supply of the village of Lyndonville within the limiting distance of the intake, as previously defined, nor shall such human excreta or compost of other matter containing human excreta be buried in the soil at a less depth than 18 inches below the surface nor within the prohibited distance of 100 feet of Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville, as previously defined, and no manure or compost of any kind shall be thrown, placed, piled or spread upon the ground within a distance of 25 feet of Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville as previously defined.

(4) No decayed or fermented fruit or vegetables, cider mill wastes, roots, grain or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville, nor shall they be thrown, placed, piled, maintained or allowed to remain in such places that the drainings, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into said lake or tributary watercourse 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 sufficient purification has been secured unless the above mentioned 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 50 feet from Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville as previously defined.

(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 or discharged into Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville, nor shall the same be thrown, placed, discharged, maintained or allowed to remain on the surface of the ground or beneath the surface of the ground within 100 feet of Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville as previously defined.

(g) Fishing, boating and ice cutting. No boating of any kind, or fishing from boats or through the ice and no ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of Lake Ontario within 400 feet of the intake of the public water supply of the village of Lyndonville.

(h) 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 100 feet of Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville as previously defined.

(i) Cemeteries. No interment of a human body shall be made within a distance of 100 feet of Lake Ontario or tributary watercourse within the limiting distance from the intake of the public water supply of the village of Lyndonville as previously defined.

(j) Inspections. The board of trustees of the village of Lyndonville or such other board as may be charged with the maintenance or supervision of the public water supply of the village shall make regular and thorough inspections of Lake Ontario or tributary watercourses within the limiting distance of the intake of the public water supply as previously defined 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 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 board of trustees to promptly notify the State Commissioner of Health of such violations. The board of trustees 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 reservoir, watercourses and drainage areas tributary to the public water supply of the village of Lyndonville at the time of the last inspection. (k) 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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