N.Y. Comp. Codes R. & Regs. tit. 10 § 153.10

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

Section 153.10 - Spring brook water company, hudson falls

(a) Application. The following rules and regulations enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law) of the State of New York, as finally amended by chapter 391 of the Laws of 1933, shall apply to the public water supply provided for the Village of Hudson Falls, New York, and its vicinity by Spring Brook Water Company or its successors.

(b) Definitions. Definitions of terms whenever used in this section:

(1) The term public water supply means all natural and artificial reservoirs, wells and watercourses tributary to the public water supply system of Spring Brook Water Company or its successors serving the Village of Hudson Falls, New York.

(2) The term watershed means all those drainage areas and such additional areas which are now or may be tributary to sources of said public water supply.

(3) The term source of supply means the surface and ground waters--natural springs, wells, natural or artificial ponds and reservoirs--which are tributary to said public water supply.

(4) The term watercourse means every spring, stream, brook, natural ditch or channel (other than reservoirs) having a definite thread of flow through which water flows to said public water supply.

(5) The term reservoir means any place either natural or artificial wherein water is or may be impounded or stored and utilized as a source of said public water supply.

(6) The term well means any well now in use or which may be developed and used as a source of such public water supply.

(7) The term human excreta means feces, urine and other human wastes of whatever name or nature commonly disposed of by so-called dry system or privy.

(8) The term sewage means liquids containing, either mixed or singly, human excreta, bath water or other decomposing organic matter of human origin flowing in or from a drainage system or sewer. This term does not apply to ordinary kitchen sink and laundry wastes which do not contain sewage and which do not flow through the same drainage system used for bath waters or liquids containing human excretions.

(9) The term septic tank means any watertight receptacle intended for the reception, sedimentation, modification by bacterial action and discharge of sewage prior to its ultimate disposal in a leaching system.

(10) The term leaching system means any cesspool, tile drain, leaching beds or other system by which the effluent from any septic tank may escape and percolate into the surrounding soil.

(11) The term structure means any privy, septic tank, cesspool, leaching system or appurtenances or any building housing animals or poultry.

(c) Relation of structures to watercourses, reservoirs, wells, etc. The controlling distance between a specified structure or object and any watercourse, reservoir, well, etc. shall be the distance measured in a horizontal plane from the nearest point of such structure to the nearest edge, margin or precipitous bank at the recognized high-water mark of a reservoir or well or to the ordinary water line of any watercourse.

(d) [Human excreta.]

(1) No human excreta shall be deposited, thrown or placed in or be allowed to escape into any watercourse, reservoir or well of such public water supply.

(2) No human excreta shall be spread or deposited upon the surface of the ground on any part of the watershed.

(3) No human excreta shall be deposited underneath the surface of the ground or any part of the watershed within a distance of 300 feet from a reservoir or well or 150 feet from any watercourse, except in watertight containers as prescribed by paragraphs (6) through (9) of this subdivision.

(4) No human excreta shall be buried in the ground on any part of the watershed outside the distance prescribed in paragraph (3) of this subdivision unless it be deposited in a trench or pit and covered with a minimum of 18 inches of earth, compacted in such a manner as to effectually prevent its being washed onto the surface of the ground by rain or melting snow.

(5) Where a privy or other place in regular use or intended for regular use for the deposit of human excreta is not provided with a watertight receptacle or watertight pit or vault, but has a porous receiving pit or vault, such structure or place shall not be allowed to remain within a distance of 300 feet of any reservoir or well or within 150 feet of any watercourse, and no such structure shall be erected within the aforesaid distances. The contents of such pits or vaults shall be disposed of in the manner prescribed by paragraph (4) of this subdivision.

(6) Where a privy or other place used for the deposit of human excreta is provided with a watertight receptacle or watertight pit or vault, such privy or other place shall not be located or be allowed to remain within a distance of 200 feet of any reservoir or well or within a distance of 100 feet of any watercourse, except as hereinafter provided in paragraph (7) of this subdivision. (For septic tanks or watertight cesspools, see paragraph [9] of this subdivision.)

(7) Wherever the limiting distances stipulated in paragraph (6) of this subdivision cannot be obtained, then such privy shall be placed as far as possible from any reservoir, well or watercourse and shall be constructed of masonry, concrete or metal in such manner as to form a watertight receptacle from which no outward percolation can take place, and any such installation shall be made only with the approval and under the supervision of Spring Brook Water Company or its successors. The contents of such watertight receptacle, if deposited on the watershed, shall be disposed of in the manner prescribed by paragraph (4) of this subdivision.

(8) Every privy, privy vault, pit or other receptacle used for the deposit or storage of human excreta located between the limiting distances stipulated in paragraphs (5) and (6) of this subdivision shall be provided with an approved watertight receptacle or watertight removable container which shall be emptied when filled within six inches of the top and the contents disposed of in the manner prescribed by paragraph (4) of this subdivision.

(9) Any septic tank installed for the deposit of sewage shall be watertight and all inlet and outlet pipes shall be watertight for a distance of not less than 300 feet from any reservoir or well and 150 feet from any watercourse, and no leaching bed or cesspool for the disposal of the effluent from such septic tank shall be installed within these distances. (See subdivision [f].)

(10) No cesspool for the deposit of sewage shall be installed within 300 feet of any reservoir or well nor within 150 feet of any watercourse. When any cesspool is cleaned, the deposits or matter shall be disposed of in the manner prescribed by paragraph (4) of this subdivision.

(11) Whenever, in the opinion of the State Commissioner of Health, human wastes or excremental matter from any privy, receptacle, trench, pit or place of disposal may be washed over the surface of the ground or percolate through the soil in an imperfectly purified and unsafe condition so as to reach any watercourse or reservoir or well, then said privy, receptacle, trench, pit or place of disposal shall be removed, after due notice thereof, to such a place as shall in his opinion be safe and proper and in conformity with this section.

(e) [Sink wastes.] No sink or laundry wastes or polluted liquids of any kind not specified or included herein shall be discharged or allowed to flow into any reservoir, well or watercourse nor shall they be deposited under the surface of the ground within 100 feet of any reservoir, well or watercourse.

(f) [Exception for approved plans.] The restrictions herein contained and the limiting distances do not apply to sewer and sewer appurtenances or to sewage treatment plants, such as septic tanks with tile drains or leaching bed, cesspools, etc., constructed in accordance with plans submitted to and approved by the State Commissioner of Health and installed under the supervision of Spring Brook Water Company or its successors.

(g) [Garbage.] No garbage, refuse, putrescible matter, decayed fruits and vegetables or any other matter that may pollute or contaminate water shall be deposited in any reservoir, well or watercourse nor on or beneath the surface of the ground within 100 feet of any reservoir, well or watercourse nor in such a manner that it can be washed by rain, melting snow or otherwise over the surface of the ground into any reservoir, well or watercourse.

(h) [Bathing.] No person shall wade, bathe or swim or be permitted to wade, bathe or swim in any reservoir or watercourse.

(i) [Boating, fishing.] No boating or fishing of any kind, ice cutting or trespassing shall be permitted in any reservoir except by duly authorized employees of Spring Brook Water Company or its successors in the regular performance of their duties in the supervision, operation and maintenance of the water supply.

(j) [Animals.]

(1) No animal or animals, including poultry and swine, shall be watered, washed or allowed to wade, wallow, swim or stand in any reservoir. No animal or animals, including poultry and swine, shall be washed or be permitted to wade, wallow, swim or stand in any watercourse nor shall any swine be watered in any watercourse and no watering place shall be maintained in such a way as to pollute any watercourse with excremental matter of animal origin.

(2) No building for the housing of animals or poultry and no barnyard, hogyard, pigpen or permanent poultry yard shall hereafter be constructed or placed so as to be located within a distance of 200 feet from any reservoir or well or 100 feet from any watercourse. A temporary poultry yard may, however, be located at a distance of not less than 35 feet from a watercourse, provided it be relocated at least annually.

(3) No hitching or standing place for animals shall be located in such a manner that the drainage, leachings or washings therefrom can pollute any reservoir, well or watercourse.

(4) No manure shall be piled or allowed to remain piled within 200 feet of any reservoir or well nor within 100 feet of any watercourse. The limiting distances herein specified shall not apply to manure when spread as fertilizer and immediately plowed under.

(k) [Camps.] No camp (including tourist cabins), tent, building or other structure for the occupancy of transients or for the housing of laborers engaged in construction work or for other use (except as a private camp or dwelling maintained by a person for his own personal use and for the use of his family and friends) shall be located, placed or maintained within a distance of 300 feet of any reservoir, well or watercourse, except when such camps, tent, building or other structure is connected with a permanent sewer system and sewage treatment plant approved by the State Commissioner of Health.

(l) [Cemeteries.] No interment of the body of a human being or animal shall be made within a distance of 300 feet from any reservoir, well or watercourse and any interment on the watershed shall be made in a manner which will prevent any pollution of the water supply.

(m) [General clause.] Every person living on or visiting the watershed or passing over the public highways thereon shall refrain from any act not herein specified which may pollute such public water supply.

(n) [Inspection.] Spring Brook Water Company or such other person or persons as may be charged with the maintenance or supervision of the water supply shall make regular and thorough inspections of the reservoirs, watercourses and watersheds tributary thereto for the purposes of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of the owners of the said water supply to cause copies of any rules and regulations violated to be served upon the persons violating the same, together with notices of such violation. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of said owners to promptly notify the State Commissioner of Health of such violation. The owners of the said water supply 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 watershed at the time of the last inspection.

(o) [Penalty.] In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 391 of the Laws of 1933, 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 § 153.10