N.Y. Comp. Codes R. & Regs. tit. 10 § 107.2

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

Section 107.2 - Village of Bainbridge

(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 Yaleville Creek, to all natural and artificial reservoirs and to all watercourses and drainage areas tributary thereto which serve as sources of the public water supply of the village of Bainbridge, Chenango County, N. Y.

(b) Definitions.

(1) The term reservoir wherever used in this section is intended to mean and refer to all impounding and storage reservoirs used for the collection or storage of the flow from the above named creek which are tributary to or which serve as sources of this public water supply 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 artificial reservoirs and filter basins), stream, ditch, gutter or channel of any kind, the waters of which, when running whether continuously or occasionally, eventually flow or may flow into the public water supply of the village of Bainbridge.

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

(c) Privies adjacent to any reservoir or watercourse.

(1) 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, placed, maintained or allowed to remain within 200 feet of any reservoir or 75 feet of any watercourse tributary to the public water supply of the village of Bainbridge.

(2) No privy, privy vault, pit, cesspool or other receptacle, placed or used for the permanent deposit of human excreta, which is not watertight, shall be constructed, located, placed, maintained or allowed to remain within 300 feet of any reservoir or 150 feet of any watercourse tributary to the public water supply of the village of Bainbridge.

(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 a suitable watertight receptacle or removable container which shall be emptied as set forth in paragraphs (4) and (5) of this subdivision.

(4) Whenever the aforesaid watertight receptacles or removable containers become filled within six inches of the top, said receptacles or containers shall be emptied or removed and the contents disposed of as hereinafter provided, in order to maintain the privy or receptacle in proper sanitary condition and 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 transported from the privy or receptacle to the place of disposal hereinafter specified and that the contents or the removable containers, while being transported, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjoining premises.

(5) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid watertight receptacles or removable containers permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits and covered with not less than 12 inches of soil in such a manner as effectually to prevent their being washed over the surface of the ground by rain or melting snow and at a distance of not less than 300 feet from any reservoir or 150 feet from any watercourse tributary to the public water supply of the village of Bainbridge.

(6) Whenever it shall be found that, 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 water or other special local conditions, excremental matter from any privy or aforesaid receptacles or from any trench or place of disposal may, in the opinion of the State Commissioner of Health, be washed over the surface of or through the soil in an imperfectly purified condition into any reservoir or watercourse, 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 safe and proper by the State Commissioner of Health.

(d) Sewage, sink wastes, garbage, etc.

(1) No bath water, laundry wastes, sewage or other excremental matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner, either directly or indirectly, into any reservoir or any watercourse tributary to the public water supply of the village of Bainbridge, nor shall any such liquid or solid matters be thrown, placed, led, conducted, discharged or allowed to escape or flow upon the surface of the ground or into the ground beneath the surface (except into watertight receptacles, the contents of which are to be removed as provided by paragraphs [4] and [5] of subdivision [c]) within 300 feet of any reservoir or within 150 feet of any watercourse tributary to the public water supply of the village of Bainbridge.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any garage or dairy, cheese factory nor water in which milk cans, utensils, clothing, 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 reservoir or watercourse tributary to the public water supply of the village of Bainbridge, nor shall any such liquid or solid refuse or waste matter be thrown or discharged upon the surface of the ground or into the ground below the surface (except into watertight containers, the contents of which are to be removed as provided by paragraphs [4] and [5] of subdivision [c]) within 250 feet of any reservoir or 75 feet of any watercourse tributary to the public water supply of the village of Bainbridge.

(3) No clothing, bedding, carpet, harness, vehicle, receptacle, utensil nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse tributary to the public water supply of the village of Bainbridge.

(e) Bathing, animals, manure, compost, etc.

(1) No person shall be allowed to bathe nor shall any animal or poultry be allowed to stand, wallow, wade or swim nor be washed in any reservoir or watercourse tributary to this public water supply. No animal or poultry shall be watered in any reservoir tributary to the public water supply of the village of Bainbridge. No watering place of any kind shall be maintained in such a way as to pollute with muddy leachings or excremental matter any watercourse tributary to the public water supply of the village of Bainbridge.

(2) No stable for cattle or horses, no barnyard, hogyard, 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 300 feet of any reservoir or 50 feet of any watercourse tributary to the public water supply of the village of Bainbridge, and none of the above named objects or sources of pollution shall be so constructed, located, placed, maintained or allowed to remain where or in such manner that the drainings, leachings or washings from the same may enter any 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 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 300 feet from any reservoir or 50 feet from any watercourse tributary to the public water supply of the village of Bainbridge.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into any reservoir or watercourse nor be placed, piled or spread upon the surface of the ground at any point on the watershed tributary to the public water supply of the village of Bainbridge, nor shall such human excreta or 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 300 feet of any reservoir or 150 feet of any watercourse tributary to the public water supply of the village of Bainbridge, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet of any reservoir or within 25 feet of any watercourse tributary to the public water supply of the village of Bainbridge.

(4) No decayed or fermented fruit or vegetables, cider mill wastes, roots, grain or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in any such place that the drainings, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any 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 sufficient purification has been secured unless the above mentioned drainings, leachings or washings 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 100 feet before entering any reservoir or 25 feet before entering any watercourse tributary to the public water supply of the village of Bainbridge.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animal, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse tributary to the public water supply of the village of Bainbridge, 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 any such reservoir or 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 300 feet from any reservoir or 150 feet from any watercourse tributary to the public water supply of the village of Bainbridge.

(g) Fishing, boating and ice cutting. No boating or fishing of any kind and no ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir tributary to the public water supply of the village of Bainbridge, except by the duly authorized employees of said village of Bainbridge in the performance of their duties of supervision and maintenance of its public water supply.

(h) 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 500 feet of any reservoir of 300 feet of any watercourse tributary to the public water supply of the village of Bainbridge.

(i) Cemeteries. No interment of a human body shall be made within a distance of 400 feet of any reservoir or 200 feet of any watercourse tributary to the public water supply of the village of Bainbridge.

(j) Inspections. The board of water commissioners of the village of Bainbridge or such other board, person or persons who may be charged with the maintenance or supervision of the public water supply of the village of Bainbridge or their duly appointed representative shall make regular and thorough inspections of the reservoirs, 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 board of water commissioners 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 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 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.

(k) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 602 of the Laws of 1927, 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 § 107.2