N.Y. Comp. Codes R. & Regs. tit. 10 § 110.1

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

Section 110.1 - City of Cortland

(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 amended by chapter 695 of the Laws of 1911, and as heretofore set forth shall apply to Otter Creek and to all watercourses entering or ultimately discharging into said stream above the springs in the city of Cortland, said springs being the source of water supply of the city of Cortland.

(b) [Definition of terms.]

(1) The term reservoir wherever used in this section is intended to mean and refer to the impounding reservoirs and distributing reservoirs on Otter Creek and to any additional reservoirs which may be constructed on Otter Creek or any of its tributaries.

(2) The term watercourses 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 every kind, the waters of which when running, whether continuously or occasionally, eventually flow or may flow into the water supply of the said city of Cortland.

(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 with its nearest point within 75 feet of any reservoir or watercourse of the water supply of the city of Cortland nor within the area bounded and described as follows: beginning at a point in the center of Townley Avenue in the city of Cortland in line with the southerly boundary of the properties of J. M. Samson and Susan N. Milne, situated west of Townley Avenue, thence running southwest a distance of 380 feet along the center line of Townley Avenue to a point in said avenue east of the north east corner of the lower reservoir of the city waterworks, thence south 84 d. 44' east a distance of 304 feet; thence south 3 d. 29' west a distance of 877.2 feet; thence north 86 d. 31' west a distance of 489.8 feet to a point in center line of Townley Avenue; thence southwesterly along center line of Townley Avenue, a distance of 660 feet to a point on the center line of said Townley Avenue; thence north 85 d. 50' west a distance of 401 feet; thence south 87 d. 00' west a distance of 1031.4 feet; thence south 5 d. 24' west a distance of 514.9 feet; thence south 82 d. 23' west a distance of 2,065.1 feet; thence north 5 d. 31' east a distance of 439.9 feet; thence north 73 d. 38' west across highway a distance of 1238.5 feet; thence south 1 d. 02' west a distance of 633.1 feet; thence north 83 d. 30' west across Otter Creek a distance of 410.65 feet; thence north 5 d. 23' east a distance of 838.8 feet; thence north 78 d. 01' east a distance of 1105.7 feet to a point on center line of highway; thence south 84 d. 10' east a distance of 1142.9 feet; thence north 4 d. 59' east a distance of 421.7 feet; thence south 84 d. 44' east a distance of 596.4 feet; thence north 41 d. 31' east a distance of 1,854 feet; thence south 84 d. 44' east a distance of 1220 feet to the place of beginning.

(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 with its nearest point within 150 feet of any reservoir or watercourse of the water supply of the city of Cortland nor within the area bounded and described in paragraph (1) of this subdivision.

(3) Every privy, privy vault, pit or other receptacle or place used for the temporary storage of human excreta which is constructed, located, maintained or allowed to remain between the limiting distance of 75 feet and 150 feet as provided by paragraphs (1) and (2) of this subdivision from which privy or other receptacle the excreta are not at once removed by pump or other satisfactory means through watertight pipes or conduits to some proper place of ultimate disposal, as hereinafter provided, shall be arranged in such manner that all such excreta shall be received temporarily in suitable vessels or receptacles which shall be at all times maintained in an absolutely watertight condition and which will permit of convenient removal 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 foundations 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 by thoroughly digging it into the soil in such place and manner as to effectually prevent their being washed over the surface of the ground by rain or melting snow and at distances not less than 300 feet horizontal measurement, from the high-water mark of any reservoir or not less than 200 feet from the edge, margin or precipitous bank of any watercourse of said water supply, nor shall any such excreta be disposed of within the area bounded and described in paragraph (1) of this subdivision.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height of 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 said 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 waste, etc.

(1) No house slops, bath water, sewage or excremental matter from any water closet, privy or cesspool shall be thrown, placed, led, conducted, discharged or allowed to escape or flow from any pipe, drain or ditch either directly or indirectly into any reservoir or watercourse of the water supply of the city of Cortland, nor shall any such matters be thrown, placed, led, discharged or allowed to escape or flow on the surface of the ground or into the ground below the surface within 300 feet of any such reservoir or watercourse nor within the area bounded and described in paragraph (1) of subdivision (c).

(2) No garbage, putrescible matter, kitchen or sink waste, refuse or waste water from any creamery, cheese factory, laundry nor water in which milk cans, utensils, clothing, bedding, carpets or harnesses have been washed or rinsed nor any polluted water or liquid of any kind shall [FN*] thrown or discharged directly or indirectly into any reservoir or watercourse of the water supply of the city of Cortland; 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 of the water supply of the city of Cortland within 100 feet of any such reservoir or within 75 feet of any such watercourse nor within the area bounded and described in paragraph (1) of subdivision (c).

(3) No clothing, bedding, carpets, harness, vehicle, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse of the water supply of the city of Cortland.

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

(1) No person shall be allowed to bathe in any reservoir or watercourse of the water supply of the city of Cortland, nor shall any animals or poultry be allowed to stand, wallow, wade or swim in said reservoir or watercourse nor be washed therein.

(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 150 feet from any reservoir or 75 feet from any watercourse of the water supply of the City of Cortland nor within the area bounded and described in paragraph (c)(1) of this section; 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 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 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 the distance of not less than 150 feet before entering any such reservoir nor less than 75 feet before entering any such watercourse.

(3) No human excreta or compost containing human excrement shall be thrown, placed or allowed to escape into any reservoir or watercourse nor be placed, piled or spread upon the ground or dug or buried in the soil within a distance of 300 feet from any reservoir or 200 feet from any watercourse of the water supply of the City of Cortland; nor within the area bounded and described in paragraph (c)(1) of this section; and no manure or compost of any kind shall be placed, piled or spread upon the ground within 150 feet of any such reservoir or 75 feet of any such watercourse nor within the area bounded and described in paragraph (c)(1) of this section.

(4) No decayed or fermented fruit or vegetable, 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 onto the area bounded and described in paragraph (c)(1) of this section, 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 of the water supply of the City of Cortland without first having been 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 drainage, 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 such reservoir or 50 feet before entering any such watercourse.

(f) Dead animals, offal, manufacturing waste, etc. No dead animal, 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 of the water supply of the City of Cortland nor onto the area bounded and described in paragraph (c)(1) of this section; 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 not less than 150 feet before entering any such reservoir and of not less than 100 feet before entering any such watercourse.

(g) Fishing, boating and ice cutting.

(1) No fish shall be taken from any reservoir or watercourse nor shall any person fish in any reservoir or watercourse or through the ice upon the same nor trespass upon the waters of any reservoir or watercourse or the ice thereon nor maintain or use any boat or boats thereon except the officials or duly authorized employees of the City of Cortland in the exercise of their duties in the management and operation of the reservoirs; nor shall any person or persons cut or remove any ice from any of the reservoirs which form or are tributary to the sources of public water supply furnished by the City of Cortland.

(2) No temporary camp, tent, building or other structure for housing laborers engaged on construction work or for other purposes shall be located, placed or maintained within 500 feet of any reservoir or watercourse of the water supply of the City of Cortland nor within the area bounded and described in paragraph (c)(1) of this section.

(h) Inspection. The City of Cortland, through its superintendent of waterworks, 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 superintendent of waterworks 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 superintendent of waterworks to promptly notify the State Commissioner of Health of such violations. The superintendent of waterworks 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.

(i) 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.

[FN*] So in original. Apparently should read "shall be".

N.Y. Comp. Codes R. & Regs. Tit. 10 § 110.1