N.Y. Comp. Codes R. & Regs. tit. 10 § 127.60

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

Section 127.60 - Central Park Water District, Town of Oyster Bay

(a) [Application.] The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 73 of the Public Health Law shall apply to all wells located on lands owned by Central Park Water District, situated in the town of Oyster Bay, county of Nassau, New York.

(b) [Definitions.]

(1) The term well wherever used in this section is intended to mean and refer to the wells now used as a source of this public water supply or to any additional well which may be constructed in said Central Park Water District for the purpose of this public water supply.

(2) Wherever a linear distance of a structure or object from a well is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to any well.

(c) Privy, bathwater, laundry wastes, sewage and other excremental matter, garbage, putrescible matter, kitchen and sink wastes, stable, barnyard manure, compost heap.

(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 and no bath water, laundry wastes, sewage or other excremental matter from any water closet, and no garbage, putrescible matter, kitchen or sink wastes and no stable, barnyard or other places for domestic animals and no manure pile or compost heap shall be constructed, located, placed, maintained or allowed to remain within 100 feet of any well forming the source of the public water supply of the said Central Park Water District, and none of the above named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any well without having first 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 aforesaid 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 distance of not less than 100 feet from any well forming the source of the public water supply of the said Central Park Water District.

(2) 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 subsurface or surface water or other special local conditions, sewage, excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal may, in the opinion of the State Commissioner of Health or of the Commissioner of Health of the Nassau County Health Department, be washed over the surface of the ground or through the soil in an imperfectly purified condition into any well, 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 or the Commissioner of Health of the Nassau County Health Department.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed, piled or spread upon the surface of the ground, nor shall such human excreta, compost or other matter containing human excreta be buried in the soil unless covered with not less than 12 inches of soil within a distance of 250 feet of any well; and no manure or compost of any kind, not containing human excreta, shall be placed, piled or spread upon the ground within a distance of 100 feet of any well forming the source of the public water supply of the said Central Park Water District.

(d) Trespassing. No trespassing shall be allowed upon the property of the said Central Park Water District upon which the wells of the public water supply of the said subdivision known as Central Park Water District are located and no person or persons shall enter in or upon such property except the officers and directors of Central Park Water District or any person or persons who may be duly charged with the maintenance of the public water supply or except such other persons as may be authorized to enter said property by the Central Park Water District.

(e) Inspections. The board of commissioners of the Central Park Water District or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the Central Park Water District or their duly appointed representative shall make regular and thorough inspections of the area surrounding the wells 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 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 commissioners to promptly notify the State Commissioner of Health and the Commissioner of Health of the Nassau County Health Department of such violations. The board of commissioners shall report to the State Commissioner of Health and the Commissioner of Health of the Nassau County Health Department in writing annually, on the first of January, the result of the regular inspections made during the proceeding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general surroundings of the wells at the time of the last inspection.

(f) [General clause.] In addition to observing the foregoing requirements, all persons shall refrain from any act, although not heretofore specified, which may result in the contamination of any portion of the water supply of the Central Park Water District.

(g) [Penalty.] In accordance with section 70 of the Public Health Law, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to the permanent source or act of contamination is hereby fixed at $100.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 127.60