N.Y. Comp. Codes R. & Regs. tit. 10 § 156.1

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

Section 156.1 - Village of arcade

(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), as finally amended by chapter 391 of the Laws of 1933, shall apply to all springs which now serve or which will be developed to serve as sources of public water supply of the Village of Arcade, Wyoming County.

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

(1) The term water supply means the public water supply of the Village of Arcade.

(2) The term spring means either of the four springs now serving as sources of water supply for the Village of Arcade and also to any springs which may be developed to serve as sources of water supply for the Village of Arcade.

(3) The linear distance of a structure or object from a spring is the shortest horizontal distance from the nearest point of the structure or object to the spring.

(4) The term human excreta means feces, urine and other excretions commonly disposed or by the so-called dry system as typified by the ordinary privy.

(5) The term sewage means waste liquids containing human excreta and decomposing matter flowing in or from a house drainage system or sewer.

(c) [Human excreta.]

(1) No human excreta shall be deposited, thrown or placed on the surface of the ground at any point within 500 feet of any spring nor in such manner that it can be washed by rain, melting snow or otherwise over the surface of the ground into any spring.

(2) No human excreta shall be buried in the soil on the watershed of the water supply unless deposited in trenches or pits at a distance of not less than 500 feet from any spring and covered with 18 inches of soil in such a manner as to effectually prevent its being washed over the surface of the ground by rain or melting snow.

(3) No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 200 feet of any spring, except a properly constructed and operated sewage disposal plant, as hereinafter set forth in paragraph (1) of subdivision (d), provided, however, that the property on which the privy or receptacle is built or is to built is so located, bounded or otherwise placed that the distance above named can be obtained within the limits of such property.

(4) Every privy or receptacle of any kind for the storage or deposit of human excreta, built or to be built on property which is so located, bounded or otherwise placed that the distance named in paragraph (3) of this subdivision cannot be obtained, shall be placed as far as possible from any spring and especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight containers are provided, they shall be located as far as practicable from any spring. All privies or receptacles referred to in this paragraph shall be constructed or installed only with the approval of the board of trustees of the village of Arcade and in such a manner as effectually to prevent any pollution of the public water supply.

(5) Every privy or receptacle for the storage or deposit of human excreta located within the distances of 200 feet and 300 feet of any spring shall be arranged so that all excreta will be received in a suitable watertight receptacle, or removable container, which shall be emptied when filled within six inches of the top. The contents if disposed of on the watershed shall be buried as set forth in paragraph (2) of this subdivision.

(6) Whenever, in the opinion of the State Commissioner of Health, excremental matter from any privy, receptacle, trench or place of disposal may be washed over the surface of the ground or through the soil in an imperfectly purified condition into any spring, the said privy, receptacle, trench or place of disposal shall be removed after due notice to the owner thereof to such places as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage.

(1) No sewage shall be discharged or allowed to flow into any spring nor deposited on or beneath the surface of the ground within 300 feet of any spring except in watertight sewers and sewer appurtenances constructed or installed with the approval and under the supervision of the board of trustees of the village of Arcade. These restrictions and limiting distances shall not apply to sewage treatment plants installed under and in accordance with plans which first have been submitted to and approved by the State Commissioner of Health.

(2) No bath water, sink or laundry wastes or polluted liquid of any kind shall be discharged or allowed to flow into any spring nor be deposited on or beneath the surface of the ground within 200 feet of any spring.

(3) No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or parts thereof or any other matter that pollutes water shall be deposited in any spring nor on or beneath the surface of the ground within 200 feet of any spring nor in such manner that it can be washed by rain, melting snow or otherwise over the surface of the ground into any spring.

(e) Animals, poultry, etc.

(1) No animal or poultry shall be allowed to stand, wade, wallow or swim nor to be washed or watered in any spring and no watering place shall be maintained in such a way as to pollute any spring with excremental matter.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals shall be so located or maintained in such a manner that the drainings, leachings or washings therefrom may pollute any spring.

(f) Manure. No manure pile shall be maintained or allowed to remain within 200 feet of any spring.

(g) Camps. No camp, 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 or for the use of his family and friends, shall be located, placed or maintained within a distance of 500 feet of any spring.

(h) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of any spring.

(i) [General clause.] In addition to observing the foregoing requirements all persons living on or visiting the watershed shall refrain from any act though not heretofore specified which may result in contamination of any portion of the water supply.

(j) Inspections. The board of trustees of the village of Arcade 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 springs and watersheds tributary thereto 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, 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 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 watershed at the time of the last inspection.

(k) 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 § 156.1