N.Y. Comp. Codes R. & Regs. tit. 10 § 106.1

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

Section 106.1 - City of Elmira

(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 391 of the Laws of 1933, shall apply to all the natural and artificial reservoirs of Hoffman Creek and all watercourses tributary thereto or ultimately discharging into said reservoirs of the public water supply of the City of Elmira.

(b) Definitions.

(1) The term reservoir wherever used in this section is intended to mean and refer to the main storage and impounding reservoir on Hoffman Creek or 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 the artificial reservoirs and filter basins), stream, ditch, gutter or other channel of every kind, the waters of which when running, whether continuously or occasionally, eventually flow or may flow into the main storage and impounding reservoir on Hoffman Creek.

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

(c) Privies.

(1) No privy, privy vault, cesspool or other receptacle of any kind used for either the temporary storage or permanent deposit of human excreta shall be constructed or maintained within 200 feet of any reservoir of the water supply of the City of Elmira or within 50 feet of any watercourse tributary to such reservoir, except a properly constructed and operated sewage disposal plant as hereinafter provided for in paragraph (d)(2) of this section; provided, however, that the property on which the said receptacle is built or to be built is so located or bounded that the distance above named can be obtained within the limits of such property.

(2) Every such receptacle built on property where the distances in paragraph (1) of this subdivision cannot be obtained within the limits of said property shall be placed as far as practicable from the said reservoir or watercourse and be specially constructed of concrete or metal, enclosed in concrete or masonry to form a watertight receptacle from which no outward percolation can take place or be provided with removable watertight vessels or containers. Every such watertight receptacle or container constructed or provided in accordance with this paragraph shall be emptied and disinfected at regular intervals or as often as may be necessary to maintain them in a proper sanitary condition and to prevent any overflow from such receptacles or containers. In the case of properties occupied only during the summer season the said receptacles or containers shall in addition be emptied 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 or in accordance with the directions of the Elmira water board and in such a manner as to effectually prevent any pollution of the water in said reservoir or watercourse.

(3) In effecting the removal of the excreta from the above mentioned watertight receptacles or containers the utmost care shall be exercised that none of the contents be allowed to escape in being transferred to the place of disposal hereinafter specified and the contents shall be thoroughly covered and transferred in a manner to cause the least possible annoyance to the occupants of the premises or of any adjoining premises.

(4) Unless otherwise specifically ordered or permitted in writing by the State Commissioner of Health, the excreta collected in the aforesaid watertight receptacles shall, when removed, be disposed of by burying in trenches or pits at a depth not less than 18 inches below the surface in such place and manner as to effectually prevent the excreta being washed over the surface of the ground by rain or melting snow and at a distance from any reservoir of not less than 300 feet and from any watercourse of not less than 200 feet.

(5) 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 surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal or the garbage or wastes from any dump may be washed over the surface or through the soil in an imperfectly purified condition into any reservoir or watercourse then the said privy or receptable for excreta or the trench or place of disposal or the said garbage or waste dump 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.

(1) No house slops, bath water or sewage from any source, except the effluent from a properly constructed and operated sewage disposal plant as hereinafter provided under paragraph (2) of this subdivision, nor any garbage, putrescible matter, kitchen wastes, refuse or waste from any creamery, cheese factory, cider mill or laundry nor water in which milk cans, utensils, clothing, bedding, carpets or harness have been washed or rinsed nor any polluted matter or liquid of any kind shall be thrown or discharged into any reservoir or watercourse, nor shall any such liquid or solid refuse or waste be allowed to escape, flow or remain upon the surface of the ground or to percolate into or through the ground within a distance of 100 feet of any reservoir or 50 feet of any watercourse.

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

(3) No person shall bathe nor shall any cattle, poultry, swine or other animals be allowed to stand, wade, swim or be washed in the waters of any reservoir or watercourse.

(e) Animals.

(1) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 100 feet from any reservoir or 25 feet of any watercourse, and none of the above named objects or sources of pollution shall be constructed, placed or allowed to remain where or in such manner that the drainings, leachings or washings therefrom may enter any such 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 above 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 less distance than 100 feet of the reservoir or 25 feet of any watercourse, provided, however, that in case the ground on which any stable for horses or cattle is built shall be located, bounded or placed that the distances above named cannot be obtained, then the stable shall be located as far as practicable from the reservoir or watercourse and an impervious floor constructed so as to drain to one point from which a watertight pipe line shall lead to a watertight pit or receptacle, the top of which shall in all cases be above the highest known water level of the reservoir or watercourse. All urine from horses and cattle so stabled shall be led to this pit or receptacle and all the manure from this stable shall be received or deposited in a concrete manure pit that shall also be watertight. Both such pits or receptacles shall be regularly emptied and their contents so disposed of on land that no drainage, leachings or washings therefrom shall enter the reservoir or any watercourse without proper purification as indicated above in this same paragraph.

(2) No dead animals, birds, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or pass into the reservoir or any watercourse of the water supply, 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 the reservoir or any 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 200 feet of the reservoir or 50 feet of any watercourse.

(f) [Boating and fishing.] No boating of any kind or fishing from boats or through the ice shall be allowed in or upon the water or ice of the reservoir, and no ice cutting or trespassing whatever shall be allowed in or upon the water or ice of the reservoir, except necessary maintenance by the Elmira water board or their duly authorized representatives or employees.

(g) Camps. No camp, tent, building or other structure for occupancy by transients or for the housing of laborers engaged in construction work or for any 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 300 feet of the reservoir and 100 feet of any watercourse.

(h) Cemeteries. No interment of a human body shall be made within 300 feet of the reservoir and 100 feet of any watercourse.

(i) Inspections. The Elmira water board or such other board, body or person as may be charged with the maintenance of the public water supply shall make or cause to be made regular and thorough inspections of the reservoir, streams 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 board 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 Elmira water board to promptly notify the State Commissioner of Health of such violations. The Elmira water board 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.

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

(k) 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.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 106.1