Current through Register Vol. 47, No. 12, March 26, 2025
(a)
[Application.] The rules and regulations hereinafter given, duly made and
enacted in accordance with the provisions of sections 70, 71 and 73 of chapter
45 of the Consolidated Laws (Public Health Law) as heretofore set forth shall
apply to that portion of the Genesee River and its tributary watercourses
located within the State of New York and above the intake of the public water
supply of the village of Wellsville, Allegany County, N. Y., these streams
being sources of the public water supply of the village of
Wellsville.
(b) [Definitions.]
(1) The term watercourse wherever used in
this section is intended to mean and include every spring, pond, reservoir,
stream, ditch, gutter or other channel of any kind the water of which when
running whether continuously or occasionally eventually flow or may flow into
the public water supply of the village of Wellsville.
(2) Wherever a linear distance of a structure
or object 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 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 50 feet of any watercourse within the
State of New York tributary to the public water supply of the village of
Wellsville.
(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 150 feet of any watercourse within the State of New York
tributary to the public water supply of the village of Wellsville.
(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 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
temporary receptacles permitted under paragraph (3) of this subdivision shall
be removed and the receptacles thoroughly 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 caused 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 temporary 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 of not less than 300 feet from any watercourse within the State of New
York tributary to the public water supply of the village of
Wellsville.
(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 receptacles 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 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 shall be thrown, placed, led, conducted, discharged or allowed to escape
or flow in any manner either directly or indirectly into any watercourse within
the State of New York tributary to the public water supply of the village of
Wellsville, 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 150 feet of any such watercourse tributary to the public water
supply of the village of Wellsville.
(2) No garbage, putrescible matter, kitchen
or sink wastes, refuse or waste water from any creamery, cheese factory,
laundry nor water in which clothing, bedding or carpets have been washed or
rinsed nor any polluted water or liquid of any kind shall be thrown or
discharged directly or indirectly into any 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
watercourse within a distance of 100 feet from any watercourse within the State
of New York tributary to the public water supply of the village of
Wellsville.
(3) No clothing,
bedding, carpets, nor anything that pollutes water, shall be washed, rinsed or
placed in any watercourse within the State of New York tributary to the public
water supply of the village of Wellsville.
(e) Bathing, animals, manure, compost, etc.
(1) No person shall be allowed to bathe, nor
shall any animals or poultry be allowed to stand, wallow, wade or swim in any
watercourse nor be washed therein within 1000 feet above the intake of the
Wellsville water supply. No watering place shall be maintained in such a way as
to pollute with muddy leachings or excretal matters any streams within the
State of New York tributary to the public water supply of the village of
Wellsville.
(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 25 feet from any watercourse within the State of New
York tributary to the public water supply of the village of Wellsville, 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
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 been 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 25 feet before reaching any watercourse within the
State of New York tributary to the public water supply of the village of
Wellsville.
(3) No human excreta
and no compost or other matter containing human excreta shall be thrown, placed
or allowed to escape into any watercourse nor to be placed, piled or spread
upon the surface of the ground at any point on the watershed within the State
of New York tributary to the public water supply of the village of Wellsville,
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 300 feet from any watercourse with the State
of New York tributary to the public water supply of the village of Wellsville,
and no manure or compost of any kind shall be placed, piled or spread upon the
ground within a distance of 25 feet from any watercourse within the State of
New York tributary to the public water supply of the village of
Wellsville.
(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 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 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
watercourse tributary to the public water supply of the village of
Wellsville.
(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 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
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 150 feet before entering any watercourse within the
State of New York tributary to the public water supply of the village of
Wellsville.
(g) Labor camps. No
temporary camp, tent, building or other structures for housing laborers engaged
in construction work or for other purposes shall be located, placed or
maintained within a distance of 300 feet from any watercourse within the State
of New York tributary to the public water supply of the village of
Wellsville.
(h) Cemetaries. No
interment of a human body shall be made within a distance of 300 feet from any
watercourse within the State of New York tributary to the public water supply
of the village of Wellsville.
(i)
Inspections. The commissioners of the water and light department of the village
of Wellsville shall make regular and thorough inspections of the 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 commissioners to cause copies of any rules and regulations violated to
be served upon the persons violating the same with notice 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 commissioners of the water and
light department to promptly notify the State Commissioner of Health of such
violations. The commissioners shall report in writing annually, on the first of
January, the results of the regular inspection 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.
(j) 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
$200.
