N.Y. Comp. Codes R. & Regs. tit. 10 § 102.1

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

Section 102.1 - Chenango Water District No. 1, Town of Chenango

(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 amended by chapter 391 of the Laws of 1933, shall apply to all wells located on land owned by the district located east of Kattelville Road on the north side of Clark Street on what is known as the Macomber site, forming the source of the public water supply of the Chenango Water District No. 1, Town of Chenango, Broome County, NY.

(b) Definitions.

(1) The term well wherever used in this section is intended to mean and refer to the well now used as a source of this public water supply and to any additional wells which may be constructed at this point for the purpose of this public water supply.

(2) Wherever a linear distance of a structure or object from a well is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to any well.

(c) Privies adjacent to any well.

(1) No privy, privy vault, pit or other receptacle of any kind for either the temporary storage or the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 100 feet of any well of the public water supply of the Chenango Water District No. 1.

(2) No privy, privy vault, pit, cesspool or other receptacle, which is not watertight, placed or used for the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 175 feet of any well of the public water supply of the Chenango Water District No. 1.

(3) Every privy, privy vault, pit or other receptacle of any kind, placed or used for the temporary storage of human excreta, located between the limiting distance prescribed by paragraph (1) of this subdivision and the limiting distance prescribed by paragraph (2) of this subdivision, shall be arranged in such a manner that all excreta shall be received in a suitable watertight receptacle or removable container which shall be emptied as set forth in paragraphs (4) and (5) of this subdivision.

(4) Whenever the aforesaid watertight receptacles or removable containers become filled within six inches of the top, said receptacles or containers shall be emptied or removed and the contents disposed of as hereinafter provided, in order to maintain the privy or receptacle in proper sanitary condition and 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 transported from the privy or receptacle to the place of disposal hereinafter specified, and that the contents, or the removable containers, while being transported 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 specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid watertight receptacles or removable containers permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits and covered with not [continued] less than 12 inches of soil in such a manner as effectually to prevent their being washed over the surface of the ground by rain or melting snow and at a distance of not less than 300 feet from any well of the public water supply of the Chenango Water District No. 1.

(6) Whenever it shall be found that, 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, excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal may, in the opinion of the State Commissioner of Health, be washed over the surface of the ground or through the soil in an imperfectly purified condition into any well, then the said privy or receptacle for excreta or the said trench or place of disposal 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, sink wastes, garbage, etc. No bath water, laundry wastes, sewage or other excremental 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 upon the surface of the ground or into the ground beneath the surface within 175 feet of any well of the public water supply of the Chenango Water District No. 1, except into watertight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c) or into suitable watertight iron pipes with leaded joints connected to a sewer system, a permit for which has been secured from the State Commissioner of Health. It is provided, however, that no such watertight receptacle or any such watertight iron pipe shall be within 100 feet of any well of the public water supply of the Chenango Water District No. 1.

(e) Trespassing. No trespassing shall be allowed upon the property upon which any well of the public water supply of the Chenango Water District No. 1 is located and no person or persons shall enter in or upon such property except the board of water commissioners or any such board or person or persons who may be charged with the maintenance of the supply in the official performance of their duties of supervision or maintenance of the public water supply or except such other persons as may be authorized to enter said property by the board of water commissioners of the Chenango Water District No. 1.

(f) [General clause.] In addition to observing the foregoing requirements all persons shall refrain from any act, although not heretofore specified, which may result in the contamination of any portion of the water supply of the Chenango Water District No. 1.

(g) Inspections. The board of water commissioners of the Chenango Water District No. 1 or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the Chenango Water District No. 1 or their duly appointed representatives shall make regular and thorough inspections of the area surrounding the wells 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 to the State Commissioner of Health in writing annually, on the first 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 surroundings of the wells at the time of the last inspection.

(h) 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 § 102.1