Title: Section 158.1 - Greenwich Water Company (Mianus River)

Section 158.1 Greenwich Water Company (Mianus River).

(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 602 of the Laws of 1927, shall apply to all those portions of the Mianus River which are situated within the State of New York (Westchester County) lying above the intake of the Greenwich Water Company of Greenwich, Connecticut, as well as to every spring, stream, ditch, gutter, drain or watercourse of any kind, the waters of which when running eventually flow into the Mianus River within this State above such intake.

(b) Definitions. (1) The term watercourse wherever used in this section is intended to mean and refer to any spring, stream, ditch, gutter or other channel, permeable pipe, conduit or watercourse of every kind, the water of which when running, whether continuously or occasionally, eventually flows or may flow into the water supply of the Greenwich Water Company.

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

(c) Privies adjacent to any watercourse.

(1) (i) 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, maintained or allowed to remain within 50 feet of any watercourse tributary to the public water supply of the Greenwich Water Company, except the properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (2) of subdivision (f), provided, however, that the property on which the privy, privy vault, pit, cesspool or any other receptacle intended for the deposit of human excreta is built or to be built is so located, bounded or otherwise placed that the distance above named can be obtained within the limits of such property.

(ii) Every privy, privy vault, pit or other receptacle used or intended for either the temporary storage or the permanent deposit of human excreta and built on property which is so located, bounded or otherwise placed that the distance named in subparagraph (i) of this paragraph cannot be obtained within the limits of such property shall be placed as far as possible from any watercourse tributary to the public water supply of the Greenwich Water Company and especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight vessels or receptacles are provided, they shall be placed in watertight concrete or masonry receptacles and shall be located as far as practicable from any watercourse tributary to the public water supply of the Greenwich Water Company. All receptacles referred to in this subparagraph shall be constructed only with the approval of and under the supervision of the Greenwich Water Company and so located that the tops of such receptacles shall be above the highest known water level of the tributary watercourse.

(iii) Whenever a privy, privy vault, pit or other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta is especially constructed and made watertight and located nearer any watercourse tributary to the public water supply of the Greenwich Water Company than the distance named in subparagraph (i) of this paragraph, such receptacle shall be emptied at regular intervals and disinfected as often as may be necessary to maintain it in a proper sanitary condition and to effectually prevent any overflow and, in the case of the properties occupied by the owners during the summer only, the said receptacles shall be emptied at least once every fall at the end of the summer season, disinfected with lime and left empty during the winter. The work of emptying and disinfecting these receptacles shall be done under the supervision of or in accordance with the directions of the Greenwich Water Company and in such a manner as to effectually prevent any pollution of the public water supply of the Greenwich Water Company.

(2) No privy, privy vault, pit, cesspool or any 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 70 feet of any watercourse tributary to the public water supply of the Greenwich Water Company, except the properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (2) of subdivision (f). (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 suitable watertight receptacles and shall at all times be deposited as set forth in paragraphs (4) and (5) of this subdivision.

(4) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleaned and disinfected 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 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 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 the adjoining premises.

(5) Unless otherwise specially ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid receptacles shall, when removed, be disposed of by burying in trenches or pits at a depth of not less than 12 inches below the surface of the ground and in such manner as to effectually prevent them from being washed over the surface of the ground by rain or melting snow and at a distance not less than 200 feet from any reservoir or watercourse tributary to the public water supply of the Greenwich Water Company.

(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 of surface wash or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or receptacle aforesaid or from any 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 watercourse tributary to the public water supply of the Greenwich Water Company, 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 by the State Commissioner of Health to be safe and proper.

(d) Sewage, sink wastes, garbage, etc. (1) No bath water, laundry wastes or other excremental matter from any water closet, privy, cesspool or other source, except the effluent from a properly constructed and maintained sewage disposal plant as hereinafter provided under paragraph (2) of subdivision (f), shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner either directly or indirectly into any watercourse tributary to the public water supply of the Greenwich Water Company nor shall any liquid or solid matter be thrown, placed, led, conducted, discharged or allowed to escape or flow on 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 50 feet of any watercourse tributary to the public water supply of the Greenwich Water Company.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste water from any creamery, cheese factory, milk station, laundry, nor water in which milk cans, utensils, clothes, 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 watercourse tributary to the public water supply of the Greenwich Water Company.

(3) No clothing, bedding, carpets, harness, vehicle, receptacle, utensil nor anything that in any way pollutes water shall be washed, rinsed or placed in any watercourse tributary to the public water supply of the Greenwich Water Company.

(e) Animals, manure, compost, etc. (1) No stable for cattle or horses, barnyard, hogpen, hogyard, poultry 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 its nearest point less than 40 feet, horizontal measurement, along the line of surface drainage from any watercourse tributary to the public water supply of the Greenwich Water Company, and none of the above-named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain at such points or in such manner that the drainage, leachings or washings therefrom may enter any watercourse tributary to the aforementioned supply 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 drainage, 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 40 feet before entering any watercourse of the public water supply of the Greenwich Water Company. (2) No manure or compost of any kind shall be placed, piled or spread upon the ground within 25 feet of any watercourse of the public water supply of the Greenwich Water Company.

(3) No human excrement or compost containing human excrement shall be thrown, placed or allowed to escape into any watercourse nor be placed, piled or spread upon the ground nor dug or buried in the soil within a distance of 200 feet from any watercourse tributary to the public water supply of the Greenwich Water Company.

(f) Dead animals, offal, manufacturing wastes, etc. (1) No dead animal, bird, fish or any part thereof nor any offal or refuse from any slaughterhouse nor any decomposable or putrescible refuse or waste matter of any kind shall be thrown, placed in or allowed to pass into any watercourse tributary to the public water supply of the Greenwich Water Company nor shall any such material be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any watercourse tributary to the public water supply of the Greenwich Water Company without first having 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 before entering any watercourse tributary to the public water supply of the Greenwich Water Co.

(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 Greenwich Water Company, shall be constructed, enlarged, altered or put in operation until plans for the same shall have been approved by and a permit secured from the State Commissioner of Health allowing the discharge of such effluent and a copy of the plans approved filed with the Greenwich Water Company.

(g) 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 any watercourse tributary to the public water supply of the Greenwich Water Company.

(h) Inspections. The duly authorized officials of the Greenwich Water Company or any other person or persons who may be charged with the maintenance or supervision of the public water supply of said company or its duly appointed representative shall make regular and thorough inspections of the watershed to which these rules and regulations apply for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of said 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 company to promptly notify the State Commissioner of Health of such violations. The company 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.

(i) 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)

up