N.Y. Comp. Codes R. & Regs. tit. 10 § 107.4

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

Section 107.4 - Village of Sherburne

(a) [Application.] The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 72 of the Public Health Law, heretofore set forth, shall apply to those portions of the drainage areas of Mad Brook and all other streams which form or are tributary to the sources of water supply of the village of Sherburne, Chenango County, and to the impounding and distributing reservoirs and to all other lakes, ponds and reservoirs whose waters form or are tributary to the sources of water supply of the village of Sherburne.

(b) [Definitions.]

(1) The term reservoir whenever used in this section is intended to mean and refer to any natural or artificial reservoir, lake or pond which stores or detains water that enters or may enter the public water supply of the village of Sherburne.

(2) The term watercourse wherever used in this section is intended to mean and refer to any spring, stream, ditch, gutter or other watercourse of any kind, the waters of which, when running whether constantly or occasionally, eventually flow or may flow into the public water supply of the village of Sherburne.

(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 a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercouse.

(c) Privies adjacent to any reservoir of [FN*]watercourse.

(1) No privy, privy vault, pit, cesspool of[FN*] any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed or maintained with its nearest point within 75 feet of any reservoir or watercourse of the public water supply of the village of Sherburne.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed or maintained with its nearest point within 150 feet of any reservoir or watercourse of the public water supply of the village of Sherburne.

(3) Every privy, privy vault, pit, cesspool or other receptacle or place used for the temporary storage of human excreta which is constructed, located or maintained within the aforesaid 150 feet, horizontal measurement, of the water line of any reservoir or the edge, margin or precipitous bank of any watercourse of the public water supply of the village of Sherburne, from which privy or other receptacle the excreta are not at once removed automatically by means of suitable watertight pipes or conduits to some proper place of ultimate disposal, as hereinafter provided, shall be arranged in such manner that all such excreta shall be received temporarily in suitable vessels or receptacles which shall at all times be maintained in an absolutely watertight condition and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(4) The excreta collected in the aforesaid receptacles shall be removed and the receptacles thoroughly cleaned and deodorized as often as may be found necessary in order to maintain the privy in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundations 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 transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(5) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in the aforesaid receptacles shall, when removed, be disposed of by burying in trenches or by thoroughly digging it into the soil in such place and manner as to effectually prevent them being washed over the surface of the ground by rain or melting snow and at distances not less than 300 feet, horizontal measurement, from the high-water mark of any reservoir or not less than 200 feet from the edge, margin or precipitous bank of any watercourse of the public water supply of the village of Sherburne.

(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 of flow of subsoil or surface water or other special local conditions, the 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, in the opinion of the State Commissioner of Health, be washed over the surface or through the soil into any reservoir or watercourse, then the said privy or receptacle for excreta or the said 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, house slops, sink waste, etc.

(1) No sewage or excremental matter from any water closet, privy or cesspool shall be led, conducted or discharged by any pipe, drain or ditch into any reservoir or watercourse of the public water supply of the village of Sherburne, nor shall any such matters be placed, led discharged or allowed to escape onto the surface of the ground or into the ground below the surface within 200 feet of any such reservoir or watercourse.

(2) No garbage, putrescible matter, house slops, bath water, kitchen or sink wastes, refuse or waste water from creameries, cheese factories, laundries nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse of the public water supply of the village of Sherburne; nor shall any such liquid or solid refuse or waste be thrown or discharged upon the surface of the ground or into the ground below the surface in any manner whereby the same may flow into any any reservoir or watercourses of the public water supply of the village of Sherburne within 100 feet of any such reservoir or within 75 feet of any such watercourse.

(3) No clothing, bedding, carpets, harness, vehicle, receptacle, utensils or anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse of the public water supply of the village of Sherburne.

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

(1) No person shall be allowed to bathe in any reservoir or watercourse of the public water supply of the village of Sherburne, nor shall any animals or poultry be allowed to stand, wade or swim in said reservoir or watercourse nor shall be washed therein.

(2) 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 located, placed, maintained or allowed to remain with its nearest point less than 150 feet from any reservoir or 75 feet from any watercourse of the public water supply of the village of Sherburne; and none of the above named objects or sources of pollution shall be so located, placed, maintained or allowed to remain that the drainings, leachings or washings from the same may enter any such reservoir or watercourses 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 drainage, 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 the distance of not less than 150 feet before entering any such reservoir nor less than 75 feet before entering any such watercourse.

(3) No human excrement or compost containing human excrement shall be placed, piled or spread upon the ground or dug or buried in the soil within a distance of 300 feet from any reservoir or 200 feet from any watercourse of the public water supply of the village of Sherburne; and no manure or compost of any kind shall be placed, piled or spread upon the ground within 150 feet of any such reservoir or 75 feet of any such watercourse.

(4) No decayed or fermented fruit or vegetables, cider mill waste, roots, grain or other vegetable refuse of any kind shall be located, placed, maintained or allowed to remain in such places that the drainage, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse of the public water supply of the village of Sherburne 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 drainage, 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 100 feet before entering any such reservoir or 50 feet before entering any such watercourse.

(f) Dead animals, offal, manufacturing waste, etc. No dead animals, bird, fish or any part thereof or any offal or waste matter of any kind shall be thrown, placed in or allowed to pass into any reservoir or watercourse of the public water supply of the village of Sherburne; nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, 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 not less than 150 feet before entering any such reservoir or 100 feet before entering any such watercourse.

(g) Fishing and boating and ice cutting.

(1) No fish shall be taken from any reservoir, nor shall any person fish in any reservoir or through ice upon the same nor trespass upon the waters of any reservoir or the ice thereon nor maintain or use any boat or boats thereon, except the officials or duly authorized employees of the public water supply of the village of Sherburne in the exercise of their duties in the management and operation of the reservoirs.

(2) No person or persons shall cut or remove any ice from any of the reservoirs which form or are tributary to the sources of the public water supply of the village of Sherburne.

(h) Cemeteries. No interment of a human body shall be made within 100 feet of any watercourse or within 200 feet of any reservoir of the public water supply of the village of Sherburne.

(i) Inspections. The board of water commissioners of the village of Sherburne, through its superintendent or other duly authorized official, shall maintain systematic and thorough inspection of the reservoirs, streams and of the entire drainage area tributary thereto for the purpose of determining whether the above rules are being complied with. At least three such inspections shall be made each year, preferably about the first of the months of March, July and November, and such others as may be directed by the State Commissioner of Health. A full and detailed report of each such inspection, including a statement of each violation or noncompliance with the rules, shall be submitted in writing to the State Commissioner of Health within 10 days of the completion of such inspection and a duplicate copy of each report shall at the same time be furnished to the board of health of the village of Sherburne.

(j) Penalty. In accordance with section 70 of chapter 661 of the Laws of 1893, as finally amended by chapter 582 of the Laws of 1906, 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 "or".

N.Y. Comp. Codes R. & Regs. Tit. 10 § 107.4