N.Y. Comp. Codes R. & Regs. tit. 10 § 127.2

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

Section 127.2 - Village of Hempstead

(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 395 of the Laws of 1928, shall apply to all wells forming the source of the public water supply of the village of Hempstead, Nassau County, 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 wells which may be constructed 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 such well.

(c) Privies adjacent to any well.

(1) No privy, privy vault, pit or other receptacle of any kind placed or used for either the temporary or permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 200 feet of any well of the public water supply of the village of Hempstead.

(2) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground or to the height or 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 may, in the opinion of the State Commissioner of Health, be washed over the surface of the ground or through the soil in an imperfectly purified condition into any well of the public water supply of the village of Hempstead, 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 upon the surface of the ground or into the ground beneath the surface within 200 feet of any well of the public water supply of the village of Hempstead except into suitable watertight iron pipes with leaded joints connected to a sewer system, a permit for which has been secured from the State Commissioner of Health. It is provided, however, that no such watertight iron pipe shall be within 50 feet of any well of the public water supply of the village of Hempstead.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any garage, dairy or 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 or allowed to escape or remain upon or percolate into or through the ground beneath the surface within a distance of 100 feet from any well of the public water supply of the village of Hempstead, except into watertight iron pipes as hereinbefore provided.

(e) Manure, compost, etc. 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 nor within a distance of 500 feet of any well of the public water supply of the village of Hempstead and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 75 feet of any well of the public water supply of the village of Hempstead.

(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, maintained or allowed to remain upon the surface of the ground or buried beneath the surface within 300 feet of any well of the public water supply of the village of Hempstead nor shall any such matters be so placed or maintained that the washings therefrom may reach any well 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 at least 300 feet.

(g) 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 well of the public water supply of the village of Hempstead.

(h) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of any well of the public water supply of the village of Hempstead.

(i) Inspections. The board of trustees of the village of Hempstead or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the village of Hempstead o [FN*] 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 trustees 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 trustees to promptly notify the State Commissioner of Health of such violations. The board of trustees 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 area surrounding the wells at the time of the last inspection.

(j) Penalty. In accordance with section 70 of chapter 45, of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, 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 § 127.2