Current through Register Vol. 47, No. 12, March 26, 2025
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.
