N.Y. Comp. Codes R. & Regs. tit. 10 § 100.15

Current through Register Vol. 46, No. 45, November 2, 2024

Section 100.15 - Latham Water District, Town of Colonie (Wells)

(a) [Application.]

The rules and regulations hereinafter give, 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 the wells located on plots of land owned by the Latham Water District, situated on the south side of Shaker Road, west of Wolf Road, approximately one and a quarter miles west of the Latham-Loudonville Road; on the east side of the Old Niskayuna Road, approximately three quarters of a mile north of the Troy-Shaker Road; and on the east side of Wade Avenue, approximately one half mile south of the Troy-Schenectady Road in the town of Colonie, Albany County, which form the source of the public water supply of the Latham Water District, town of Colonie, Albany County, N. Y.

(b) [Definitions.]

(1) The term wells wherever used in this section, is intended to mean and refer to the wells now used as a source of this public water supply or to any additional well which may be constructed at these points for the purpose of this public water supply.

(2) Wherever a linear distance of a structure or object from the well 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 nearest well.

(c) Privies adjacent to any well. No privy, privy vault, pit, cesspool or other receptacle of any kind for the storage or deposit of human excreta shall be constructed, maintained or allowed to remain within 200 feet of the wells of the public water supply of the Latham Water District.

(d) [Bath water, wastes.] No bath water, laundry wastes, sewage or excremental matter from any source whatsoever shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner upon the surface of the ground or into the ground beneath the surface within 200 feet of the wells of the public water supply of the Latham Water District.

(e) [Human excreta, compost.] No human excreta and no compost or other matter containing human excreta shall be thrown, placed, piled or spread upon the surface of the ground, nor shall such human excreta, 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 200 feet of the wells and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 200 feet of the wells of the public water supply of the Latham Water District.

(f) [Garbage, refuse.] No garbage, putrescible matter, kitchen or sink wastes or refuse of any kind nor any polluted water or liquid of any kind shall be thrown or discharged upon the surface of the ground or into the ground beneath the surface within 200 feet of the wells of the public water supply of the Latham Water District.

(g) [Animals.] No stable for cattle or horses, no barnyard, hogyard or 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 200 feet of the wells of the public water supply of the Latham Water District, 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 drainage, leachings or washings from the same may enter the wells 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 the wells of the public water supply of the Latham Water District.

(h) [Trespassing.] No trespassing shall be allowed upon the property of the Latham Water District upon which the wells of the public water supply of the Latham Water District are located, and no person or persons shall enter in or upon such property except the board of water commissioners or any such board or person or persons who may be charged with the maintenance of the supply in the official performance of their duties of supervision or maintenance of the public water supply or except such other persons as may be authorized to enter said property by the board of water commissioners of the Latham Water District.

(i) [Inspections.] The board of water commissioners of the Latham Water District or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the Latham Water District or their duly appointed representative shall make regular and thorough inspections of the area surrounding the wells 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 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 to the State Commissioner of Health in writing annually, on the first 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 surroundings of the wells at the time of the last inspection.

(j) [General clause.] In addition to observing the foregoing requirements, all persons shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply of the Latham Water District.

(k) 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.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 100.15