N.Y. Comp. Codes R. & Regs. tit. 10 § 133.40

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

Section 133.40 - United states military academy at west point

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of section 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 309 of the Laws of 1926, shall apply to all the reservoirs, watercourses and drainage areas tributary thereto, which serve as sources of the public water supply of the United States Military Academy at West Point, Orange County, NY.

(b) Definitions.

(1) The term reservoir wherever used in this section is intended to mean and refer to the intake reservoirs of the Queensboro and Popolopen brooks, to Queensboro and Nawahunta lakes and to the streams and watercourses between these lakes and the intake reservoirs of the public water supply of the United States Military Academy at West Point.

(2) The term watercourse wherever used in this section is intended to mean and refer to all the other ponds and lakes and to any spring, stream, ditch, gutter or other channel or watercourse, the waters of which when running, whether continuously or occasionally, eventually flow or may flow into the public water supply of the United States Military Academy at West Point.

(3) Wherever a linear distance of a structure or object from a reservoir or 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 watercourse.

(c) Privies adjacent to any reservoir or watercourse.

(1) No privy, privy vault, pit or other receptacle of any kind used for the temporary storage of human excreta shall be constructed, placed or maintained with its nearest point within 50 feet of any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point, except the properly constructed and operated sewage disposal plant, as hereinafter set forth in paragraph (2) of subdivision (d); provided, however, that the property on which the privy, privy vault, pit or any other receptacle intended for the deposit of human excreta is built or to be built is so located, bounded or otherwise placed that the distance above mentioned can be obtained with the limits of such property.

(2) Every privy, privy vault, pit or other receptacle, used and intended for either the temporary storage or the permanent deposit of human excreta and built on property which is so located, bounded or otherwise placed that the distance named in paragraph (1) of this subdivision cannot be obtained within the limits of such property, shall be placed as far as possible from any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point and especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. All receptacles referred to in this paragraph shall be so located that the tops of such receptacles shall be above the highest known water level of the reservoirs or tributary watercourses.

(3) Every privy, privy vault, pit or other receptacle used for either the temporary storage or permanent deposit of human excreta within any mine or mine shaft, the drainage from which either by gravity or pumping flows directly or indirectly into any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point, shall be especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place and shall be so located and maintained as to effectually prevent washing of the excremental matter into any reservoir or watercourse tributary to the water supply of the United States Military Academy at West Point.

(4) No privy, privy vault, pit cesspool or other receptacle used for the permanent deposit of human excreta, which is not watertight, shall be constructed, located, placed, maintained or allowed to remain with 100 feet of any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point. 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 distance prescribed by paragraph (1) of this subdivision and the limiting distance prescribed by this paragraph, shall be arranged in such a manner that all excreta shall be received in suitable watertight receptacles and shall at all times be deposited as set forth in paragraphs (5) and (6) of this subdivision.

(5) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleansed and disinfected as often as may be found necessary to maintain the privy in proper sanitary condition, and to 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 transferred from the privy to the place of disposal hereinafter specified, and that the least possible annoyance and inconvenience be caused to occupants of the premises or of the adjoining premises.

(6) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid receptacles shall, when removed, be disposed of by burying in trenches or pits at a depth of not less than 12 inches below the surface of the ground and in such manner as to effectually prevent them being washed over the surface of the ground by rain or melting snow and at a distance not less than 300 feet of any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point.

(7) 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 the subsoil or surface water or other special local condition, 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 into any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point, then the said privy or receptacle for excreta or trench or place of disposal shall, after due notice to the owner thereof, be removed to such greater distance or to such places as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage, house slops, sink wastes, etc.

(1) No house slops, sewage or excremental matter from any water closet, privy, cesspool or other source, except the purified effluent from a properly constructed and operated sewage disposal plant as hereinafter provided in paragraph (2) of this subdivision, shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner either directly or indirectly into any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point, nor shall any such matter be thrown, placed, led, discharged or allowed to escape or flow onto 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 paragraph (5) of subdivision (c), within 100 feet of any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point.

(2) No sewage disposal plant, the effluent from which is to be discharged or allowed to flow directly or indirectly into any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point, shall be operated, constructed, enlarged, altered or put in operation without a permit from the State Commissioner of Health. All sewage disposal plants on the watersheds of reservoirs or watercourses tributary to the public water supply of the United States Military Academy at West Point shall be operated and maintained under the supervision of the officer in charge of the supply.

(3) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any any dairy or cheese factory nor water in which milk cans have been washed or rinsed nor any polluted water or liquid of any kind, except the effluent from a properly constructed and operated sewage disposal plant, as hereinafter provided under paragraph (2) of this subdivision, shall be thrown or discharged into any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point, nor shall any such liquid or solid matter be thrown or discharged upon the surface of the ground or into the ground below the surface, except into watertight vessels or receptacles, the contents of which are to be removed as provided by paragraph (5) of subdivision (c), within 50 feet of any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point.

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

(1) No person shall be allowed to bathe in the intake reservoirs, Queensboro and Nawahunta lakes nor in the streams or watercourses between these lakes and the intake reservoirs of the public water supply of the United States Military Academy at West Point.

(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 constructed, placed, maintained or allowed to remain with its nearest point less than 25 feet of any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point and none of the above named objects or sources of pollution shall be so constructed, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any such reservoir or watercourse without first have passing 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 distance of not less than 25 feet from any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point.

(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 to 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 United States Military Academy nor shall such human excreta or compost or other matter containing human excreta be buried in the soil at a less depth than 12 inches below the surface of the ground nor within a distance of 300 feet of any reservoir or watercourse tributary to the public water supply of the United States Military Academy; and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 25 feet of any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animal, bird, fish or any part hereof 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 United States Military Academy, nor shall any such material or refuse be so 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 100 feet from any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point.

(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 50 feet of any reservoir or watercourse tributary to the public water supply of the United States Military Academy at West Point.

(h) Inspections. The officer in charge of the water supply of the United States Military Academy at West Point or his duly appointed representative shall make regular and thorough inspections of the watercourses, reservoirs 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 the officer in charge of the water supply 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 officer in charge of the water supply to promptly notify the State Commissioner of Health of such violations. The officer in charge of the water supply 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.

(i) 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 § 133.40