Current through Register Vol. 46, No. 12, March 20, 2024
(a)
[Application.] The rules and regulations hereinafter given, duly made and
enacted in accordance with the provisions of sections 70, 71, 72 and 73 of
chapter 45 of the Consolidated Laws (Public Health Law) as heretofore set forth
shall apply to all natural and artificial reservoirs on the Normanskill and to
all watercourses tributary thereto or ultimately discharging into said
reservoirs, these bodies of water being sources of the public water supply of
the city of Watervliet Albany County, New York.
(b) [Definitions.]
(1) The term reservoir wherever used in this
section is intended to mean and refer to all storage and impounding reservoirs
on the Normanskill which are tributary to or which serve as sources of this
public water supply or to any additional reservoir which may be constructed or
used for the purpose of this public water supply.
(2) The term watercourse wherever used in
this section is intended to mean and include every spring, pond (other than the
artificial reservoirs and filter basins), stream, ditch, gutter or other
channel of any kind the waters of which, when running whether continously or
occasionally, eventually flow or may flow into the public water supply of the
city of Watervliet.
(3) Wherever a
linear distance of a structure or object from a reservoir or from a 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,
cesspool or any other receptacle of any kind used for either the temporary
storage or the permanent deposit of human excreta shall be constructed, placed,
maintained or allowed to remain within 100 feet of any reservoir or within 50
feet of any watercourse tributary to the public water supply of the city of
Watervliet.
(2) No privy, privy
vault, pit, cesspool or any other receptacle used for the permanent deposit of
human excreta shall be constructed, located, placed, maintained or allowed to
remain within 300 feet of any reservoir or within 100 feet of any watercourse
tributary to the public water supply of the city of Watervliet.
(3) No cesspool, pit or other receptacle of
any kind used for the temporary storage of human excreta or sewage shall be
constructed, located, maintained or allowed to remain between the limiting
distances prescribed by paragraph (1) of this subdivision and the limiting
distances prescribed by paragraph (2) of this subdivision unless said cesspool,
pit or other receptacle is so arranged and equipped that the said excreta or
sewage are at once removed by pump or other satisfactory means through
watertight pipes or conduits to some proper place of ultimate disposal, as
hereinafter provided, or unless suitable removable vessels or receptacles for
the temporary storage of said human excreta or sewage are provided and at all
times maintained in an absolutely watertight condition and in such manner as to
permit of convenient removal of said excreta or sewage to some place of
ultimate disposal as hereinafter set forth.
(4) The excreta collected in the aforesaid
removable receptacles permitted under paragraph (3) of this subdivision shall
be removed and the receptacles throughly cleaned and deodorized 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 contents,
while being transferred from the privy to the place of disposal, shall be
thoroughly covered and that the least possible annoyance and inconvenience be
cause to occupants of the premises and the adjacent premises.
(5) Unless otherwise specially ordered or
permitted by the State Department of Health, the excreta collected in the
aforesaid removable receptacles permitted under paragraph (3) of this
subdivision shall, when removed, be disposed of by burying in trenches or pits
at a depth of not less than 18 inches below the surface and at a distance not
less than 500 feet from any reservoir or watercourse tributary to the public
water supply of the city of Watervliet.
(6) Whenever, owing to the character of the
soil or of the surface of the ground or owing to the height or flow of subsoil
or surface water or other special local conditions, it is considered by the
State Commissioner of Health that excremental matter from any privy or
aforesaid receptacle or from any trench or place of disposal or the garbage or
wastes from any dump may be washed over the surface or through the soil in an
imperfectly purified condition into any reservoir or watercourse, then the said
privy or receptacle for excreta or the trench or place of disposal or the said
garbage or waste dump 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 Commissioner of Health.
(d) Sewage, house slops, sink wastes, etc.
(1) No house slops, bath water, sewage or
other excretal matter from any water closet, privy, cesspool or other source,
except the purified effluent from a properly constructed sewage disposal plant
approved by the State Department of Health, as required by law, shall be
thrown, placed, led, conducted, discharged or allowed to escape or flow in any
manner either directly or indirectly into any reservoir or any watercourse
tributary to the public water supply of the city of Watervliet, nor shall any
such matters be thrown, placed, led, discharged or allowed to escape beneath
the surface except into watertight receptacles, the contents of which are to be
removed as provided by paragraph (4) of subdivision (c), within 300 feet of any
reservoir or within 100 feet of any watercourse tributary to the public water
supply of the city of Watervliet.
(2) No garbage, putrescible matter, kitchen
or sink wastes, refuse or waste matter from any creamery, cheese factory or
laundry nor water in which milk cans, utensils, clothing, bedding, carpets or
harness have been washed or rinsed nor any polluted water or liquid of any kind
shall be thrown or discharged directly or indirectly into any reservoir or
watercourse, nor shall any such liquid or solid refuse or waste be thrown,
discharged or allowed to escape or remain upon the surface of the ground or to
percolate into or through the ground below the surface in any manner whereby
the same may flow into any reservoir or watercourse within a distance of 200
feet from any reservoir or within 50 feet from any watercourse tributary to the
public water supply of the city of Watervliet.
(3) No clothing, bedding, carpets, harnesses,
vehicle, receptacles, utensils nor anything that pollutes water shall be
washed, rinsed or placed in any reservoir or watercourse.
(e) Bathing, animals, manure, compost, etc.
(1) No person shall be allowed to bathe in
any reservoir nor shall any animals or poultry be allowed to stand, wallow,
wade or swim in any reservoir nor be washed therein. The watering of animals or
poultry in any reservoir of the public water supply of the city of Watervliet
is prohibited. No watering place shall be maintained in such a way as to
pollute with muddy leachings or excretal matters any streams tributary to the
public water supply of the city of Watervliet.
(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 100
feet from any reservoir or within 25 feet of any watercourse tributary to the
public water supply of the city of Watervliet, 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 having passed 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 bee 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
100 feet from any reservoir or 25 feet from any watercourse tributary to the
public water supply of the city of Watervliet.
(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 city of Watervliet, nor shall such human excreta or compost
or other matter containing human excreta be dug or buried in the soil at a less
depth than 18 inches below the surface nor within a distance of 500 feet from
any reservoir nor within 100 feet of any watercourse tributary to the public
water supply of the city of Watervliet, and no manure or compost of any kind
shall be placed, piled or spread upon the ground within a distance of 200 feet
from any reservoir or within 25 feet from any watercourse tributary to the
public water supply of the city of Watervliet.
(4) No decayed or fermented fruit or
vegetables, cider mill wastes, roots, grain or other vegetable refuse of any
kind shall be thrown, placed, discharged or allowed to escape or pass into any
reservoir or watercourse, nor shall they be thrown, placed, piled, maintained
or allowed to remain in such places that the drainage, leachings or washings
therefrom may flow by open, blind or covered drains or channels of any kind
into any reservoir or watercourse without first having passed over or through
such an extent of soil as to have been properly purified, and in no case shall
it be deemed that sufficient purification has been secured unless the above
mentioned 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 100 feet before
entering any reservoir or 25 feet before entering any watercourse tributary to
the public water supply of the city of Watervliet.
(f) Dead animals, offal, manufacturing
wastes, etc. No dead animals, bird, fish or any part thereof 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. Nor shall any such
material or refuse be so located, placed, maintained or allowed to remain that
the drainage, 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 200 feet from any reservoir or 100 feet from any
watercourse tributary to the public water supply of the city of
Watervliet.
(g) Fishing, boating
and ice cutting. No boating of any kind or fishing from boats or through the
ice and no ice cutting or any trespassing whatever shall be allowed in or upon
the waters or ice of the reservoirs.
(h) Labor camps. No temporary camp, tent,
building or other structures for housing laborers engaged on construction work
or for other purposes shall be located, placed or maintained within a distance
of 500 feet from any reservoir or 100 feet from any watercourse tributary to
the public water supply of the city of Watervliet.
(i) Cemeteries. No interment of a human body
shall be made within a distance of 300 feet from any reservoir or 100 feet from
any watercourse tributary to the public water supply of the city of
Watervliet.
(j) Inspections. The
board of water commissioners of the city of Watervliet shall make regular and
thorough inspections of the reservoirs, streams 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 said board of water
commissioners 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 board of water commissioners
to promptly notify the State Commissioner of Health of such violations. The
board of water commissioners 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.
(k) 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.