Title: Section 139.1 - Village of Nyack

VILLAGES

(Statutory authority: L. 1893, ch. 661; L. 1889, ch. 251)

Section 139.1 Village of Nyack.

(a) Application. The following rules and regulations apply to that portion of the stream known as Hackensack Creek--a tributary of the Hackensack River lying above the intake to the filtration works of the Nyack water supply situated at West Nyack, Rockland County, New York, as well as to every spring, stream, ditch, gutter, lake, pond, reservoir or watercourse of any kind, the waters of which when running flow eventually into the aforesaid Hackensack Creek above the aforesaid limits. They also apply to the reservoir of the Nyack water supply situated within the village of Nyack.

(b) Privies adjacent to ponds, lakes, reservoirs or watercourses. (1) No privy, privy vault, pit or cesspool or any other receptacle of any kind used for the deposit, reception or storage of human excreta shall be constructed, located, placed or maintained with its nearest point within 50 feet, horizontal measurement, of the high-water mark of any lake, pond or reservoir or of the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or other watercourse of any kind, the waters of which comprise or when running flow eventually into the aforesaid Hackensack Creek above the aforesaid limits.

(2) Every privy, privy vault, pit or cesspool or other receptacle or place used for the deposit, reception or storage of human excreta which is constructed, located or maintained within 150 feet, horizontal measurement, of the high-water mark of any lake, pond or reservoir or of the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or watercourse of any kind, whose waters comprise or when running flow into the aforesaid Hackensack Creek above the aforesaid limits, and 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, as hereinafter provided, 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 will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(3) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleansed and deodorized as often as may be found necessary in order to maintain the privy in proper sanitary condition and to effectually and strictly 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 least possible annoyance and inconvenience be caused to occupants of the premises or of adjacent premises.

(4) Unless otherwise specifically ordered or permitted by the State Board of Health, the excreta collected in the aforesaid receptacles shall, when removed, be disposed of by burying in trenches or by thoroughly digging into the soil in such place and manner as to effectually prevent them being washed over the surface of the ground by rain or melting snow and at distances not less than 200 feet, horizontal measurement, from the high-water mark of any lake, pond or reservoir or from the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or watercourse of any kind, the waters of which comprise or when running flow into the aforesaid Hackensack Creek above the aforesaid limits.

(5) Whenever it shall be found that, owing to the character of the soil or to the surface of the ground or owing to the height or flow of subsoil or surface water or through special local conditions, the excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal may, in the opinion of the State Board of Health, be washed over the surface of the ground or through the soil into any lake, pond or reservoir, spring, stream, ditch, gutter, drain or other watercourse, the waters of which comprise or when running flow into the aforesaid Hackensack Creek above the aforesaid limits, then the said privy or receptacle for excreta or the said 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 Board of Health.

(c) House slops, sink waste, laundry water, garbage, refuse, etc. (1) No sewage, garbage, putrescible matter, house slops, bath water, kitchen or sink wastes, refuse or waste water from creameries, cheese factories or laundries or water in which milk cans, utensils, clothes, bedding, carpets or harnesses have been washed or rinsed nor any polluted water or liquid shall be thrown or discharged directly into any lake, pond, reservoir, spring, stream, ditch, gutter, drain or other watercourse comprising or flowing into the aforesaid Hackensack Creek within the aforesaid limits, 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 in any manner whereby the same may flow into any lake, pond, reservoir, spring, stream, ditch, gutter, drain or watercourse aforesaid within 50 feet, horizontal measurement, of the high-water mark of any lake, pond or reservoir or of the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or other watercourse aforesaid. (2) No clothing, bedding, carpets, harness, vehicles, tanks, barrels, receptacles, utensils nor animals nor anything that pollutes water shall be washed or rinsed in, nor shall any person bathe in any lake, pond, reservoir, spring, stream, ditch, gutter, drain or other watercourse of any kind aforesaid.

(d) Manures, composts, etc. (1) No stables for cattle or horses, barnyard, hogyard, poultry yard, cattle pen, pigsty, henhouse, hitching place or standing HEALTH 10B 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 any reservoir or watercourse; 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 be allowed to escape or percolate into or through the ground below the surface within a distance of 200 feet from any reservoir or within 100 feet from any watercourse tributary to the public water supply of Canton.

(3) No clothing, bedding, carpets, harnesses, vehicle, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in any reservoir or tributary thereof nor shall any animals or poultry be allowed to stand, wallow, wade or swim in any reservoir or tributary thereof nor be washed therein. No animals or poultry shall be watered in any reservoir of the public water supply of the village of Canton. No watering place of any kind shall be maintained in such a way as to pollute with muddy leachings or excretal matters any streams tributary to the public water supply of the village of Canton.

(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 300 feet from any reservoir or within 200 feet of any watercourse tributary to the public water supply of Canton, and none of the above named objects or sources of pollution shall be so constructed, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any such reservoir or 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 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 300 feet from any reservoir or 200 feet from any watercourse tributary to the public water supply of the village of Canton.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into any reservoir or watercourse 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 Canton nor shall such human excreta or compost or other matter containing human excreta be dug or buried in the soil at a less depth than 18 inches below the surface nor within a distance of 500 feet from any reservoir nor within 300 feet of any watercourse tributary to the public water supply supply of the village of Canton and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 200 feet from any reservoir or within 100 feet from any watercourse or ditch tributary to the public water supply of the village of Canton.

(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 any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in such places that the drainage, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or 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 100 feet before entering any reservoir or watercourse tributary to the public water supply of the village of Canton.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animals, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse. Nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any such reservoir or watercourse 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 from any reservoir or 200 feet from any watercourse tributary to the public water supply of the village of Canton. (g) Fishing, boating and ice cutting. No boating or fishing of any kind and no ice cutting or trespassing whatever shall be allowed in or upon the waters or ice of the reservoir.

(h) Labor camps. No temporary camp, tent, building or other structures for housing laborers engaged on construction work or for other purposes shall be located, placed or maintained with a distance of 500 feet from any reservoir or 300 feet from any watercourse tributary to the public water supply of the village of Canton.

(i) Cemeteries. No interment of a human body shall be made within a distance of 500 feet from any reservoir or 300 feet from any watercourse tributary to the public water supply of the village of Canton.

(j) Inspections. The board of water commissioners of the village of Canton shall make regular and thorough inspections of the reservoirs, streams 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 water commissioners 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 water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners 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 watershed 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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