N.Y. Comp. Codes R. & Regs. tit. 10 § 100.18

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

Section 100.18 - Water District No. 1, Town of Bethlehem

(a) Application. The following rules and regulations enacted in accordance with the provisions of sections 1100, 1101, 1102, 1103, 1104 and 1105 of chapter 45 of the Consolidated Laws (Public Health Law), as finally amended by chapter 879 of the Laws of 1953, shall apply to the springs and the spring-fed reservoirs and future drainage areas tributary thereto which serve as a source of the public water supply of Water District No. 1, Town of Bethlehem, 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 wherever used in this section refers to the public water supply of Water District No. 1, town of Bethlehem, Albany County, New York.

(2) The term springs refers to those springs located on the watershed and elsewhere and which are tributary to or contribute to the Water District No. 1 water supply.

(3) The term reservoirs refers to the impounding reservoir located on tributaries of Vly and Onesquethaw creeks in the town of New Scotland, in the valley between Clipp Road and Rock Hill Road on land owned by Water District No. 1, together with the two distribution reservoirs located on New Scotland Road in the town of New Scotland also located on land owned by Water District No. 1.

(4) The term watercourse means every spring, pond (other than reservoirs), stream, marsh or channel of any kind, the waters of which flow or may flow into this water supply.

(5) The linear distance of a structure or object from the reservoir or watercourse is 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.

(6) The term human excreta means feces, urine and other excretions, commonly disposed of by the so-called dry system as typified by the ordinary privy.

(7) The term sewage means waste liquids containing human excreta and decomposing matter flowing in or from a house drainage system or sewer.

(c) Human excreta.

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

(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 water supply unless deposited in trenches or pits at a distance of not less than 200 feet from the reservoirs or any watercourse and covered with not less than 18 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 100 feet of the springs, streams or reservoirs, except a properly constructed and operated sewage disposal plant as hereinafter set forth in subdivision (d) of this section; 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 distances 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 distances named in paragraph (4) of this subdivision cannot be obtained, shall be placed as far as possible from any reservoir or watercourse and especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight containers are provided, they shall be located as far as practicable from any reservoir or watercourse. All privies or receptacles referred to in this paragraph shall be constructed or installed only with the approval and under the supervision of the board of commissioners of Water District No. 1, and in such manner as effectually to prevent any pollution of the public water supply.

(6) Every privy or receptacle for the storage or deposit of human excreta located within the distances of 100 feet and 200 feet of the springs, streams or reservoirs shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

(7) Whenever, in the opinion of the State Commissioner of Health, excremental matter from the aforesaid privy, receptacle, 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 reservoir or watercourse, the said privy, receptacle, trench or place of disposal shall be removed, after due notice to the owner thereof, to such places as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage. No sewage shall be discharged or allowed to flow into the reservoir or any watercourse nor deposited beneath the surface of the ground within 200 feet of the springs, streams or reservoirs except into watertight receptacles, the contents of which shall be disposed of as provided for by paragraph (3) of subdivision (c) of this section. If such watertight receptacles are used, they shall not be located within 100 feet; provided, however, that the property on which the receptacle is built or to be built is so located, bounded or otherwise placed that the distances above-named [ continued ] can be obtained within the limits of the property. In such case, the watertight receptacle shall be constructed and maintained as provided for in 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 approved by the State Commissioner of Health.

(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 reservoirs or any watercourse or spring nor be deposited on or beneath the surface of the ground within 200 feet of the reservoirs or any watercourse or spring.

(f) Garbage, refuse. No garbage, refuse, putrescrible matter, decayed fruits or vegetables, dead animals or parts thereof or any other matter that pollutes water shall be deposited in the reservoirs or watercourse nor on or beneath the surface of the ground within 200 feet of the reservoirs or of any watercourse nor in such manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into any reservoir or watercourse.

(g) Bathing. No person or persons shall bathe or swim or be allowed to bathe or swim in the reservoirs or in any watercourse.

(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 reservoirs or any tributary to the public water supply, except by duly authorized employees of the Water District No. 1 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 reservoirs or any tributary and no watering place shall be maintained in such a way as to pollute any watercourse 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 so located or maintained in such a manner that the drainage, leachings or washings therefrom may pollute the reservoirs or any watercourse.

(j) Manure. No manure pile shall be maintained or allowed to remain within 200 feet of the reservoirs or any watercourse.

(k) 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 maintaned 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 250 feet of the reservoirs or any watercourse.

(l) Cemeteries. No interment of a human body shall be made within a distance of 250 feet of the reservoirs or any watercourse.

(m) General clause. In addition to observing the foregoing reuirements 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.

(n) Inspections. The board of commissioners of Water District No. 1 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 town shall make thorough periodic inspections of the reservoirs, 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 board of commissioners 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 board of commissioners to promptly notify the State Commissioner of Health of such violations. The board of commissioners 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.

(o) 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.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 100.18