N.Y. Comp. Codes R. & Regs. tit. 10 § 149.1

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

Section 149.1 - Village of Waverly

L. 1893, ch. 661; L. 1906, ch. 582

(a)[Human excreta.]

(1) No privy or place for the deposit or storage of human excreta shall be constructed, located or maintained within 50 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse of any kind, the water of which when running flows eventually into a reservoir of the Waverly public water supply.

(2) No privy, vault, pit or cesspool or nontransportable receptacle of any kind for the reception or storage of human excreta shall be constructed, located or maintained within 250 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir or within 150 feet, horizontal measurement, of the high-water mark or precipitous bank of any spring, stream, ditch or watercourse as aforesaid.

(3) Every privy or place for the deposit of human excreta which is constructed, located or maintained between the aforesaid limits of 50 and 250 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir or 50 and 150 feet, horizontal measurement, of the high-water mark or precipitous bank of any spring, stream, ditch or watercourse as aforesaid, and from which the said excreta is not at once removed automatically by means of suitable watertight pipes or conduits to some place of disposal beyond the maximum aforesaid limits shall be arranged in such manner that all said excreta shall be received and temporarily retained in suitable vessels or receptacles which shall at all times be maintained in an absolutely watertight condition and which will admit of convenient removal to some place of ultimate disposal beyond the said maximum limits.

(4) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleansed and deodorized as often as is necessary to keep the receptacles in proper sanitary condition and to prevent an overflow of the excreta upon the soil or floor of said privy.

(5) The excreta so collected shall be removed so as to cause the least nuisance possible and shall be so disposed of that they cannot be washed either over the surface or through the subsoil into any reservoir, spring, stream, ditch or watercourse of any kind as aforesaid and shall be so placed as not to cause an offensive nuisance.

(6) Whenever it shall be found that, owing to the porous character of the soil, the height and flow of surface and subsoil waters, the steepness of the slopes or other special conditions of the locality, the excremental matter from any privy, cesspool or other receptacle for human excreta may be washed over the surface or through the subsoil into a reservoir or any spring, stream, ditch or watercourse aforesaid, without having been thereby, in the judgment of the State Department of Health, sufficiently purified, then the said privy, cesspool or other receptacle for human excreta shall, after due notice to the owner thereof, be removed to such greater distance from said high-water mark as shall be considered safe and proper by the said Department of Health.

(b)House slops, sink wastes, laundry water and other similar sewage.

(1) No sewage, house slops, sink wastes, water in which milk cans, clothes or bedding have been washed or rinsed nor any other polluted water or liquid shall be thrown or discharged directly into a reservoir or into any spring, stream, ditch or watercourse aforesaid nor shall any such aforesaid liquid or solid matter or other polluted liquid be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, spring, stream, ditch or watercourse aforesaid; nor shall any such polluted liquid be discharged into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid without percolating through earth for a distance of at least 50 feet, horizontal measurement, or into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid within 50 feet, horizontal measurement, of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

(2) No clothing, animals, vehicles nor anything which pollutes water shall be washed, nor shall any person bathe in any reservoir, spring, stream, ditch or watercourse aforesaid.

(3) No garbage or putrescible refuse of any kind shall be thrown or discharged directly into any reservoir, spring, stream, ditch or watercourse aforesaid, nor shall any such substances be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, stream, ditch or watercourse aforesaid; nor shall any such polluted matter be thrown or discharged into the ground below the surface in any manner whereby the same, or washings from the same, may flow into any reservoir, spring, stream, ditch or watercourse aforesaid without percolating through the earth for a distance of at least 50 feet, horizontal measurement, to the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse contributary in any way to the water supply of the village of Waverly, N. Y.

(c)[Animals.]

(1) No stable, pigsty, henhouse, barnyard, hog or duck yard, hitching or standing place for cattle or horses or other place where animal manure accumulates and no compost or manure heaps shall be located or maintained within 250 feet of, nor shall they or any watering place for horses, cattle or other animals be so arranged that the polluted drainings therefrom shall be thrown or discharged upon the surface of the ground at any point within 250 feet of any such reservoir, spring, stream, ditch or watercourse aforesaid; nor shall any such polluted liquid be discharged into the ground below the surface in any manner whereby the same may flow into any reservoir, spring, stream, ditch or watercourse aforesaid without percolating through earth for a distance of at least 50 feet, horizontal measurement, nor flow into or through open or covered drains within 50 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

(2) No cattle shall be allowed to pasture or graze along the shores of the lower reservoir, nor shall they be allowed to stand in or drink from the waters of the lower reservoir and a proper fence or barrier shall be built and constantly maintained along the shores of said reservoir to prevent all access of cattle to the waters of said reservoir.

(d) [Compost.]

No human excreta or compost containing human excreta shall be spread upon the ground within 250 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid, and no manures or composts of any kind shall be deposited so that they may be washed a less distance than 250 feet over the surface of the ground or 50 feet through the subsoil into any reservoir, spring, stream, ditch or watercourse aforesaid, and no compost containing human excreta shall be placed or spread upon any ground whatever draining into any reservoir, spring, stream, ditch or watercourse aforesaid, if such ground slopes directly to such reservoir, spring, stream, ditch or watercourse at an average slope of more than 10 feet vertical to 100 feet horizontal.

(e)Dead animals, vegetable refuse and manufacturing wastes.

No dead animal, bird or fish or part thereof nor any filthy or impure matter nor any decayed fruit or vegetable substance nor any waste products, putrescible matter or polluted waters from any slaughterhouse, dairy, creamery, cider mill, sawmill or other manufactory shall be thrown or allowed to run into any reservoir, spring, stream, ditch or watercourse aforesaid, nor shall they be so deposited that any portion thereof or of the polluted drainage therefrom shall be washed over or on the surface a distance of less than 250 feet or through the subsoil a distance of less than 50 feet into any reservoir, spring, stream, ditch or watercourse aforesaid without having undergone proper purification.

(f) [Cemeteries.]

No interment of a human body shall be made within 500 feet of the high-water mark or precipitous bank of any reservoir, spring, stream, ditch or watercourse aforesaid.

(g)Use of reservoirs for cutting ice and fishing.

(1) The reservoirs of the Waverly public water supply shall not be used to supply ice for public or private purposes and teams, cattle or men shall not enter upon the pond in winter for the purpose of cutting or removing and storing ice.

(2) No person shall either with nets, line and hook or in any other way fish or catch or attempt to catch any fish from the reservoirs of the Waverly water supply.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 149.1