N.Y. Comp. Codes R. & Regs. tit. 10 § 139.1

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

Section 139.1 - Village of Nyack

L. 1893, ch. 661; L. 1889, ch. 251

(a)[Application.]

The following rules and regulations apply to that portion of the stream known as Hackensack Creek-a tributary of the Hackensack River-lying above the intake to the filtration works of the Nyack water supply situated at West Nyack, Rockland County, New York, as well as to every spring, stream, ditch, gutter, lake, pond, reservoir or watercourse of any kind, the waters of which when running flow eventually into the aforesaid Hackensack Creek above the aforesaid limits. They also apply to the reservoir of the Nyack water supply situated within the village of Nyack.

(b)Privies adjacent to ponds, lakes, reservoirs or watercourses.

(1) No privy, privy vault, pit or cesspool or any other receptacle of any kind used for the deposit, reception or storage of human excreta shall be constructed, located, placed or maintained with its nearest point within 50 feet, horizontal measurement, of the high-water mark of any lake, pond or reservoir or of the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or other watercourse of any kind, the waters of which comprise or when running flow eventually into the aforesaid Hackensack Creek above the aforesaid limits.

(2) Every privy, privy vault, pit or cesspool or other receptacle or place used for the deposit, reception or storage of human excreta which is constructed, located or maintained within 150 feet, horizontal measurement, of the high-water mark of any lake, pond or reservoir or of the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or watercourse of any kind, whose waters comprise or when running flow into the aforesaid Hackensack Creek above the aforesaid limits, and 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.

(3) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleansed and deodorized as often as may be found necessary in order to maintain the privy in proper sanitary condition and to effectually and strictly 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 least possible annoyance and inconvenience be caused to occupants of the premises or of adjacent premises.

(4) Unless otherwise specifically ordered or permitted by the State Board of Health, the excreta collected in the aforesaid receptacles shall, when removed, be disposed of by burying in trenches or by thoroughly digging 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 200 feet, horizontal measurement, from the high-water mark of any lake, pond or reservoir or from the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or watercourse of any kind, the waters of which comprise or when running flow into the aforesaid Hackensack Creek above the aforesaid limits.

(5) Whenever it shall be found that, owing to the character of the soil or to the surface of the ground or owing to the height or flow of subsoil or surface water or through 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 Board of Health, be washed over the surface of the ground or through the soil into any lake, pond or reservoir, spring, stream, ditch, gutter, drain or other watercourse, the waters of which comprise or when running flow into the aforesaid Hackensack Creek above the aforesaid limits, 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 Board of Health.

(c)House slops, sink waste, laundry water, garbage, refuse, etc.

(1) No sewage, garbage, putrescible matter, house slops, bath water, kitchen or sink wastes, refuse or waste water from creameries, cheese factories or launderies or water in which milk cans, utensils, clothes, bedding, carpets or harnesses have been washed or rinsed nor any polluted water or liquid shall be thrown or discharged directly into any lake, pond, reservoir, spring, stream, ditch, gutter, drain or other watercourse comprising or flowing into the aforesaid Hackensack Creek within the aforesaid limits, 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 in any manner whereby the same may flow into any lake, pond, reservoir, spring, stream, ditch, gutter, drain or watercourse aforesaid within 50 feet, horizontal measurement, of the high-water mark of any lake, pond or reservoir or of the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or other watercourse aforesaid.

(2) No clothing, bedding, carpets, harness, vehicles, tanks, barrels, receptacles, utensils nor animals nor anything that pollutes water shall be washed or rinsed in, nor shall any person bathe in any lake, pond, reservoir, spring, stream, ditch, gutter, drain or other watercourse of any kind aforesaid.

(d)Manures, composts, etc.

(1) No stables for cattle or horses, barnyard, hogyard, poultry yard, cattle pen, pigsty, henhouse, hitching place or standing place for horses or other animals and no manure pile, compost heap, piles of fermented or decayed fruit, apple pumice, cider mill waste, vegetables, roots, grain, leaves or other vegetable substances shall be located, placed or maintained or allowed to remain in such place or manner that the washing or drainage therefrom may flow by open, blind or covered drains or channels of any kind into any lake, pond, reservoir, spring, stream, ditch, gutter, drain or watercourse aforesaid without first having passed over or through such extent of soil as to have become properly purified and in no case shall the above named sources or causes of pollution be so located or allowed to remain that their nearest point is less than 50 feet, horizontal measurement, from the high-water mark of any lake, pond, reservoir or the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or watercourse of any kind which comprises or when running flows into the Hackensack Creek above the aforesaid limits.

(2) No human excreta or compost containing human excreta shall be spread upon the ground within 200 feet, horizontal measurement, of the high-water line of any lake, pond or reservoir or the edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or watercourse of any kind whose waters comprise or when running flow into the aforesaid Hackensack Creek above the aforesaid limits and no manure or compost of any kind shall be spread or deposited upon the ground so as to be washed a less distance than 50 feet over the surface or through the soil before reaching the nearest point of any such aforesaid lake, pond, reservoir, spring, stream, ditch, gutter, drain or other watercourse aforesaid.

(e)Dead animals, offal, manufacturing wastes, etc.

No dead animal, bird, fish nor any part thereof nor any offal or putrescible matter nor any polluted waters or refuse from any slaughterhouse, dairy, creamery, cheese factory, cider mill or other manufactory shall be thrown or allowed to run into any lake, pond, reservoir, spring, stream, ditch, gutter, drain or watercourse whose waters comprise or when running flow into the aforesaid Hackensack Creek above the aforesaid limits, nor shall any such refuse or polluted material aforesaid be so deposited that any portion thereof or of the polluted drainage therefrom shall be washed over or through the soil a less distance than 100 feet before reaching the nearest point of any such aforesaid lake, pond, reservoir, spring, stream, ditch, gutter, drain or watercourse.

(f)Penalty.

In accordance with section 70 of chapter 661 of the Laws of 1893, as amended by chapter 251 of the Laws of 1899, the penalty for each and every violation or noncompliance with any of the above rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $200.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 139.1