N.Y. Comp. Codes R. & Regs. tit. 10 § 100.16

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

Section 100.16 - Latham Water District, Town of Colonie (Reservoir)

(a) Application. The following rules and regulations enacted in accordance with the provisions of chapter 45 of the Consolidated Laws (Public Health Law), as finally amended by chapter 879 of the Laws of 1953, and numbered article 11 thereof, shall apply to the reservoir and drainage areas tributary thereto which serve as a source of the public water supply of the Latham Water District in the town of Colonie, Albany County, New York, and to any future reservoirs which may be constructed to serve as part of the source of supply.

(b) Definitions.

(1) The term water supply whenever used in this section refers to the public water supply of the Latham Water District in the town of Colonie, Albany County, New York.

(2) The term reservoir refers to the reservoir on land owned by the Latham Water District in the town of Clifton Park, Saratoga County, New York.

(3) The term tributary refers to Stony Creek or any stream discharging to the reservoir.

(4) The term linear distance refers to the shortest horizontal distance from the nearest point of the structure or object to the tributaries or the high-water mark of the reservoirs.

(c) Human excreta.

(1) No human excreta shall be deposited, thrown or placed or allowed to escape into the reservoir or any tributary.

(2) No human excreta shall be placed or spread upon the surface of the ground at any point on the watershed of the water supply.

(3) No human excreta shall be buried in the soil on the watershed of the water supply unless deposited in trenches or pits at a distance of not less than 300 feet from the reservoir or within 200 feet of any tributary and covered with not less than 12 inches of soil in such a manner as to effectually prevent its being washed over the surface of the ground by rain or melting snow.

(4) No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 200 feet of the reservoir or within 100 feet of any tributary, except a properly constructed and operated sewage disposal plant as hereinafter set forth in subdivision (d), provided, however, that the property on which the privy or receptacle is built or is to be built is so located, bounded or otherwise placed that the distance above named can be obtained within the limits of such property.

(5) Every privy or receptacle of any kind for the storage or deposit of human excreta, built or to be built on property which is so located, bounded or otherwise placed that the distance named in paragraph (4) of this subdivision cannot be obtained, shall be placed as far as possible from the reservoir or tributary and especially constructed of concrete, masonary or metal to form a watertight receptable from which no outward percolation can take place. Where removable watertight containers are provided, they shall be located as far as practicable from the reservoir or any tributary. All privies or receptacles referred to in this paragraph shall be constructed or installed only with the approval and under the supervision of the town board of the town of Colonie acting for, and on behalf of, the Latham Water District.

(d) Sewage. No sewage shall be discharged or allowed to flow into the reservoir or any tributary nor deposited on or beneath the surface of the ground within 300 feet of the reservoir or within 200 feet of any tributary except into watertight receptacles, the contents of which shall be disposed of as provided for by paragraph (3) of subdivision (c). If such watertight receptacles are used, they shall not be located within 100 feet of the reservoir, provided, however, that the property on which the receptacle is built or is to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of the property. In such case, the watertight receptacle shall be constructed and maintained as provided for the[FN*] paragraph (5) of subdivision (c). These restrictions and limiting distances shall not apply to sewage treatment plants installed under and in accordance with plans which first have been submitted to and aproved by the State Commissioner of Health and/or the Water Pollution Control Board.

(e) Bath water, wastes. No bath water, sink or laundry wastes or polluted liquid of any kind, except the effluent from a properly constructed and operated sewage treatment plant as hereinbefore provided by subdivision (d), shall be discharged or allowed to flow into the reservoir or any tributary nor be deposited on or beneath the surface of the ground within 100 feet of the reservoir or within 50 feet of any tributary.

(f) Garbage, refuse. No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or parts thereof or any other matter that pollutes water shall be deposited in the reservoir or tributaries nor on or beneath the surface ground within 100 feet of the reservoir or within 50 feet of any tributary nor in such manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into the reservoir or any tributary.

(g) Swimming. No person or persons shall bathe or swim or be allowed to bathe or swim in the reservoir.

(h) Boating, fishing. No boating or fishing of any kind, ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of the reservoir, except by duly authorized employees of the Latham Water District in the performance of their duties of supervision and maintenance of the water supply.

(i) Animals.

(1) No animal or poultry shall be allowed to stand, wade, wallow or swim nor to be washed or watered in the reservoir, and no watering place shall be maintained in such a way as to pollute any water course with excremental matter.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals shall be located or maintained in such a manner that the drainage, leachings or washings therefrom may pollute the reservoir or any tributary.

(j) Camps. No camp, tent, building or other structure for the occupancy of transients or for the housing of laborers engaged in construction work or for other use, except as a private camp or dwelling maintained by a person for his own personal use or for the use of his family and friends, shall be located, placed or maintained within a distance of 200 feet of the reservoir or within a distance of 100 feet of any tributary.

(k) Cemeteries. No interment of a human body shall be made within a distance of 200 feet of the reservoir or within a distance of 100 feet of any tributary.

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

(m) Inspections. The town board of the Town of Colonie acting for and on behalf of the Latham Water District or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representative of the district shall make thorough monthly inspections of the lake, watercourses and watersheds 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 town board to cause copies of any rules and regulations violated to be served upon the persons violating the same, together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of said town board to promptly notify the State Commissioner of Health of such violations. The town board of the Town of Colonie acting for, and on behalf of, the Latham Water District 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.

(n) Penalty. In accordance with section 1103 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 879 of the Laws of 1953, 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.

[FN*] So in original. Apparently should be "in".

N.Y. Comp. Codes R. & Regs. Tit. 10 § 100.16