N.Y. Comp. Codes R. & Regs. tit. 10 § 105.3

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

Section 105.3 - Village of Fredonia

(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 natural and artificial reservoirs which serve as sources of the public water supply of the village of Fredonia, Chautauqua County, New York, and to all watercourses tributary thereto or ultimately discharging into said reservoirs.

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

(1) The term water supply means the public water supply of the village of Fredonia.

(2) The term reservoir means any natural or artificially impounded body of water on the west branch of Canadaway Creek and tributaries thereto serving as sources of water supply of the village of Fredonia and shall include any additional reservoir which may be constructed or used for said water supply.

(3) The term watercourse means every spring, pond (other than reservoirs), stream, marsh or channel of any kind on the west branch of Canadaway Creek and tributaries thereto, the waters of which flow or may flow into this water supply.

(4) The linear distance of a structure or object from a reservoir or watercourse is 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.

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

(6) 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 or allowed to escape into any reservoir or watercourse.

(2) No human excreta shall be placed or spread upon the surface of the ground at any point on the watershed of the water supply.

(3) 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 200 feet from any reservoir or at a distance of not less than 100 feet from any watercourse and covered with 12 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.

(4) 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 100 feet of any reservoir or within 50 feet of any watercourse, 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 be built is so located, bounded or otherwise placed that the distances above-named can be obtained within the limits of such property.

(5) 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 distances named in paragraph (4) of this subdivision cannot be obtained, shall be placed as far as possible from any reservoir or watercourse 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 reservoir or watercourse. 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 Fredonia and in such manner as effectually to prevent any pollution of the public water supply.

(6) Every privy or receptacle for the storage or deposit of human excreta located within the distances of 100 feet and 200 feet of any reservoir, between 50 feet and 100 feet of any watercourse, 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 (3) of this subdivision.

(7) 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 reservoir or watercourse, 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, house slops, sink waste, etc.

(1) No sewage shall be discharged or allowed to flow into any reservoir or watercourse nor deposited on or beneath the surface of the ground within 300 feet of any reservoir or within 200 feet of any watercourse 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 Fredonia. 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 reservoir or watercourse nor be deposited on or beneath the surface of the ground within 100 feet of any reservoir or within 50 feet of any watercourse.

(3) No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or parts thereof of any other matter that pollutes water shall be deposited in any reservoir or watercourse nor on or beneath the surface of the ground within 100 feet of any reservoir nor within 35 feet of any watercourse nor in such manner that it can be washed by rain, melting snow or otherwise over the surface of the ground into any reservoir or watercourse.

(e) Bathing, animals, manure, compost, etc.

(1) No person or persons shall bathe or swim or be allowed to bathe or swim in any reservoir.

(2) No boating or fishing of any kind, ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir except by duly authorized employees of the village of Fredonia in the performance of their duties of supervision and maintenance of the water supply.

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

(4) 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 located or maintained in such a manner that the drainage, leachings or washings therefrom may pollute any reservoir or watercourse.

(5) No manure pile shall be maintained or allowed to remain within 100 feet of any reservoir nor within 50 feet of any watercourse.

(f) Cemeteries. No interment of a human body shall be made within a distance of 300 feet of any reservoir or within a distance of 150 feet of any watercourse.

(g) General. 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.

(h) Inspections. The board of trustees of the village of Fredonia 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 reservoirs, watercourses 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[FN*] 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.

(i) 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.

[FN*] So in original. Apparently should be "number of".

N.Y. Comp. Codes R. & Regs. Tit. 10 § 105.3