N.Y. Comp. Codes R. & Regs. tit. 10 § 112.20

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

Section 112.20 - Hyde Park Fire Department

(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 (the Public Health Law), as amended by chapter 510 of the Laws of 1921, shall apply to Crum Elbow Creek from its sources to the intake of the water purification plant and to all natural and artificial reservoirs on the aforementioned creek and all watercourses tributary thereto or ultimately discharging into said creek and reservoirs, these bodies of water being sources of the public water supply of the Hyde Park Fire Department.

(b) Definitions.

(1) The term reservoir wherever used in this section is intended to mean and refer to the reservoir on Crum Elbow Creek formed by the dam at the intake of the water supply of the Hyde Park Fire Department or to any additional reservoir which may be constructed or used for the purpose of this water supply,

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond, lake (other than the artificial reservoirs and filter basins), stream, ditch, gutter or other channel of any kind, the waters of which when running, whether continuously or occasionally, eventually flow or may flow into the public water supply of the Hyde Park Fire Department.

(3) Whenever 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 within 100 feet of any reservoir or within 50 feet of any watercourse tributary to the public water supply of the Hyde Park Fire Department, except a properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (2) of subdivision (d).

(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 reservoir or within 75 feet of any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(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 made watertight and 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 <[continued]> watertight removable 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 under paragraph (5) of this subdivision.

(4) The excreta collected in the aforesaid removable vessels or receptacles permitted under paragraph (3) of this subdivision shall be removed and the vessels or receptacles thoroughly cleaned and disinfected 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 in writing by the State Commissioner of Health, the excreta collected in the aforesaid removable vessels or 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 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 a distance not less than 500 feet from any reservoir or 300 feet from any watercourse tributary to the public water supply of the Hyde Park Fire Department and in such a manner and at such a place as to effectually prevent its being washed over the surface of or through the ground in an imperfectly purified condition into any reservoir or watercourse tributary to the public water supply of the Hyde Park Fire Department.

(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 to other special local condition, 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 thetrench 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 and other matter.

(1) No house slops, bath water, sewage or other excremental matter from any water closet, privy, cesspool or other source, except the effluent from a properly constructed and operated sewage disposal plant, as hereinafter provided under paragraph (2) of this subdivision, shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner, either directly or indirectly, into any reservoir or watercourse tributary to the public water supply of the Hyde Park Fire Department nor shall any such matters be thrown, placed, led, discharged or allowed to escape or flow onto the surface of the ground or into the ground beneath the surface except into watertight vessels or receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 150 feet of any reservoir or 75 feet of any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(2) No sewage disposal plant, the effluent from which is to be discharged or allowed to flow directly or indirectly into any reservoir, or watercourse tributary to the public water supply of the Hyde Park Fire Department, shall be constructed, enlarged, altered or put in operation until plans for the same shall have been submitted to and approved by the State Engineer and a permit issued by the State Commissioner of Health allowing the discharge of such effluent as required by law and a copy of the plans, as approved, filed with the Hyde Park Fire Department.

(3) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any creamery, cheese factory or laundry nor water in which milk cans, utensils, clothing, bedding, carpets or harness have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or 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 or percolate into any reservoir or watercourse within a distance of 100 feet from any reservoir or within 50 feet from any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(4) No clothing, bedding, carpets, harness, vehicle, receptacle, utensil nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse tributary to the public water supply of the Hyde Park Fire Department.

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

(1) No person shall bathe nor shall any animals or poultry be allowed to swim, wade or stand nor be washed in any reservoir of the Hyde Park Fire Department nor in any watercourse tributary thereto within three miles, measured along the stream above the intake of the water purification plant of the Hyde Park Fire Department. This shall not, however, be construed to prohibit animals from being watered in any portion of the watercourses tributary to the public water supply of the Hyde Park Fire Department, but no watering place shall be maintained in such a way as to pollute with muddy leachings or excremental matters any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(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 100 feet from any reservoir or within 50 feet of any watercourse tributary to the public water supply of the Hyde Park Fire Department 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 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 a distance of not less than 100 feet from any reservoir or 50 feet from any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into any reservoir or watercourse nor to be placed, piled or spread upon the surface of the ground at any point on the watershed tributary to the public water supply of the Hyde Park Fire Department, nor shall such human excreta, compost or other matter containing human excreta be buried in the soil at a less depth than 18 inches below the surface nor within a distance of 500 feet from any reservoir nor within 200 feet of any watercourse tributary to the public water supply of the Hyde Park Fire Department, and no manure or compost of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or tributary watercourse nor placed, piled or spread upon the ground nor buried into the soil within a distance of 200 feet from any reservoir or within 25 feet from any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(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 reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in such places that the drainings, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any 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 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 reservoir or 25 feet before entering any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(f) Dead animals, offal, manufacturing wastes, 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 tributary to the public water supply of the Hyde Park Fire Department, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, 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 200 feet from any reservoir or 75 feet from any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(g) Fishing, boating and ice cutting.

(1) No boating of any kind or fishing from boats or through the ice and no ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of the whole or any part of any reservoir of the public water supply of the Hyde Park Fire Department.

(2) No boating of any kind or fishing from boats or through the ice and no ice cutting or any trespassing whatever shall be allowed on Crum Elbow Creek or its tributaries except by written permission from the Hyde Park Fire Department and in strict compliance with the regulations to be adopted by said department. All ice cutting shall be done under the rigid inspection and supervision of the Hyde Park Fire Department.

(h) Labor camps. No temporary camp, tent, building or other structures for housing laborers engaged on construction work or for other purposes shall be located, placed or maintained within a distance of 500 feet from any reservoir or 200 feet from any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(i) Cemeteries. No interment of a human body shall be made within a distance of 300 feet from any reservoir or 150 feet from any watercourse tributary to the public water supply of the Hyde Park Fire Department.

(j) Inspections. The Hyde Park Fire Department of Hyde Park or such other board, body or person as may be charged with the maintenance of the public water supply shall make or cause to be made 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 fire department 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 Hyde Park Fire Department to promptly notify the State Commissioner of Health of such violations. The said fire department 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.

(k) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (the Public Health Law), the penalty for each and every violation of noncompliance with any of these rules and regulations which relate to a permanent source or act of continuation is hereby fixed at $100.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 112.20