Title: Section 151.17 - Kerhonkson Water Company, Kerhonkson

COMPANIES

151.17 Kerhonkson Water Company, Kerhonkson. (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 395 of the Laws of 1928, shall apply to all natural and artificial reservoirs on the Zalm Kill and to all watercourses and drainage areas tributary thereto or ultimately discharging into said reservoirs, such bodies of water being sources of the public water supply of the Kerhonkson Water Company at Kerhonkson, Ulster County, New York. HEALTH 10B

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to the impounding and storage reservoir on the Zalm Hill, which is tributary to or which serves as a source of the aforesaid public water supply, and to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(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), stream, ditch, gutter or channel of any kind, the waters of which, when running whether continuously or occasionally, eventually flow or may flow into the public water supply of the Kerhonkson Water Company.

(3) Wherever a linear distance of a structure or object from a reservoir 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 a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit or other receptacle of any kind, placed or used for either the temporary storage or the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 200 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company, except a properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (d)(2) of this section.

(2) No privy, privy vault, pit, cesspool or other receptacle which is not watertight, placed or used for the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or 75 feet of any watercourse tributary to the public water supply of the Kerhonkson 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 distances prescribed by paragraph (1) of this subdivision, and the limiting distances prescribed by paragraph (2) of this subdivision, shall be arranged in such a manner that all excreta shall be received in a suitable watertight receptacle or removable container which shall be emptied as set forth in paragraphs (4) and (5) of this subdivision.

(4) Whenever the aforesaid watertight receptacles or removable containers become filled within six inches of the top, said receptacles or containers shall be emptied or removed and the contents disposed of as hereinafter provided, in order to maintain the privy or receptacle in proper sanitary condition and 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 transported from the privy or receptacle to the place of disposal hereinafter specified and that the contents of the removable containers while being transported by thoroughly covered and that the least possible annoyance and inconvenience be caused to the occupants of the premises or the adjacent premises.

(5) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid watertight receptacles or removable containers permitted under paragraph (4) of this subdivision shall, when removed, be disposed of by burying in trenches or pits and covered with not less than 12 inches of soil in such a manner as effectually to prevent their being washed over the surface of the ground by rain or melting snow and at a distance of not less than 500 feet from any reservoir or 150 feet from any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(6) Whenever it shall be found that, 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, 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 of the ground or through the soil in an imperfectly purified condition into any reservoir or watercourse, 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 Commissioner of Health. (d) Sewage, sink wastes, garbage, etc. (1) No bath water, laundry wastes, sewage or other excremental matter from any water closet, privy, cesspool or other source, except the effluent from a properly constructed and operated sewage disposal plant as hereinafter provided by paragraph (2) of this subdivision, shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner, either directly or indirectly, into any reservoir or any watercourse tributary to the public water supply of the Kerhonkson Water Company, nor shall any such liquid or solid matters be thrown, placed, led, conducted, discharged or allowed to escape or flow onto the surface of the ground or into the ground beneath the surface (except into watertight receptacles or removable containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 300 feet of any reservoir 75 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(2) No sewage disposal plant, the effluent from which is to be discharged or allowed to flow directly or indirectly into any watercourse tributary to the public water supply of the Kerhonkson Water Company, shall be constructed, enlarged, altered or put in operation until plans for the same have been approved and a permit issued by the State Commissioner of Health and a copy of the plans, as approved, filed with the Kerhonkson Water Company.

(3) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any garage, dairy or 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, except the effluent from a properly constructed and operated sewage disposal plant as provided by paragraph (2) of this subdivision, shall be thrown or discharged directly or indirectly into any reservoir or any watercourse tributary to the public water supply of the Kerhonkson Water Company, nor shall any such liquid or solid refuse or waste matter be thrown or discharged upon the surface of the ground or into the ground beneath the surface (except into watertight receptacles or removable containers, the contents of which are to be removed as provided by paragraphs (4) and (5) of subdivision (c)) within 100 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(4) No clothing, bedding, carpet, harness, vehicle, receptacle, utensil nor anything that pollutes water shall be washed, rinsed or placed in any reservoir tributary to the public water supply of the Kerhonkson Water Company.

(e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe in and no animal or poultry shall be allowed to stand, wallow, wade or swim or be washed or watered in any reservoir tributary to the public water supply of the Kerhonkson Water Company, nor shall any animal or poultry be allowed to stand, wade or swim in any watercourse tributary to the public water supply of the Kerhonkson Water Company on property owned by the Kerhonkson Water Company. No watering place shall be maintained in such a way as to pollute with muddy leachings or excremental matter any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(2) No stable for cattle or horses, no barnyard, hogyard, pigpen, poultry house or yard, no hitching place or standing place for horses or other animals and no manure pile or compost heap shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or 30 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company, and none of the above named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter 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 proper purification has been secured unless the aforesaid 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 30 feet from any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(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 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 Kerhonkson Water Company, nor shall such human excreta or compost or other matter containing human excreta be buried in the soil unless covered with not less than 12 inches of soil nor within a distance of 300 feet of any reservoir or 75 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company; and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet of any reservoir or 30 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company. (4) No decayed or fermented fruit, vegetables, roots, grain, cider mill wastes 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 any such place that the drainings, 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 proper purification has been secured unless the aforesaid 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 reservoir or 30 feet from any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(f) Dead animals, offal, industrial wastes, etc. No dead animal, bird, fish or any part thereof nor any offal or polluted industrial wastes of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse tributary to the public water supply of the Kerhonkson Water Company, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, 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 100 feet from any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(g) Fishing, boating and ice cutting. No boating or fishing of any kind and no ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir tributary to the public water supply of the Kerhonkson Water Company, nor shall any trespassing whatever be allowed on property owned by the Kerhonkson Water Company except by duly authorized employees of the Kerhonkson Water Company in the performance of their duties of supervision and maintenance of the public water supply of the Kerhonkson Water Company.

(h) Camps. No temporary camp, tent, building or other structure for housing laborers engaged in construction work or for other purposes shall be located, placed or maintained within a distance of 500 feet of any reservoir or 100 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company.

(i) Cemeteries. No interment of a human body shall be made nor shall any interred human body be allowed to remain within 300 feet of any reservoir or 150 feet of any watercourse tributary to the public water supply of the Kerhonkson Water Company.

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

(k) Inspections. The said Kerhonkson Water Company or such person or persons as may be charged with the maintenance or supervision of the public water supply of the Kerhonkson Water Company or the duly appointed representatives of such company shall make regular and thorough inspections of the reservoirs, watercourses 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 water 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 said water company to promptly notify the State Commissioner of Health of such violations. The said water company 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.

(l) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, 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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