N.Y. Comp. Codes R. & Regs. tit. 10 § 120.2

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

Section 120.2 - Village of Dolgeville

L. 1893, ch. 661; L. 1899, ch. 251; L. 1904 ch. 484; L. 1906, ch. 582]

(a) [Application.]

The following rules and regulations shall apply to Cold Brook and to the impounding and distributing reservoir of the Dolgeville water supply, supplying the public water supply of the village of Dolgeville, Herkimer County, N. Y., and to all watercourses entering or ultimately discharging into said streams or bodies of water.

(b)[Definitions.]

(1) The term reservoir whenever used in this section is intended to mean and comprise every natural or artificial reservoir, lake or pond which stores or detains water that enters or may enter the public water supply of the village of Dolgeville.

(2) The term watercourse wherever used in this section is intended to mean and comprise every spring, stream, ditch or gutter or other watercourse of any kind, the waters of which when running, whether constantly or occasionally, eventually flow or may flow into the public water supply of the village of Dolgeville.

(c)Privies adjacent to reservoirs or watercourses.

(1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for either temporary storage or the permanent deposit of human excreta shall be constructed, placed or maintained within 200 feet, horizontal measurement, of the high-water mark of any reservoir or within 100 feet, of the edge, margin or precipitous bank of any watercourse of the Dolgeville supply.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed or maintained with its nearest point within 300 feet, horizontal measurement, of the water line of any reservoir of the Dolgeville water supply or within 200 feet, horizontal measurement, of the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply.

(3) No privy, privy vault, pit, cesspool or other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed or maintained within any mine or mine shaft, the drainage from which, either by gravity or by pumping, flows directly or indirectly into any reservoir or watercourse of the Dolgeville water supply.

(4) Every privy, privy vault, pit, cesspool or other receptacle or place used for the temporary storage of human excreta which is constructed, located or maintained within the aforesaid 300 feet, horizontal measurement, of the high-water mark of any reservoir or within the aforesaid 200 feet, horizontal measurement, of the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply, from which privy or other receptacle the excreta are not at once removed automatically by means of suitable 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 at all times be maintained in an absolutely airtight condition and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(5) Every privy, privy vault, pit, cesspool or other receptacle used for the temporary or permanent storage of human excreta which is constructed, located or maintained within any mine or mine shaft, from which privy or receptacle the excreta are not at once removed automatically by means of 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 at all times be maintained in an absolutely watertight condition and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(6) The excreta collected in the aforesaid receptacles shall be removed and the receptacles thoroughly cleansed and deodorized as often as may be found necessary in order 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.

(7) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in the aforesaid receptacles 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 them from being washed over the surface of the ground by rain or melting snow and at distances of not less than 500 feet, horizontal measurement, from the high-water mark of any reservoir or not less than 300 feet from the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply.

(8) 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, the 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 or through the soil into any reservoir or watercourse, 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 Department of Health.

(d)Sewage, house slops, sink waste, etc.

(1) No sewage or excremental matter from any water closet, privy or cesspool shall be led, conducted or discharged by any pipe, drain or ditch into any reservoir or watercourse of the Dolgeville water supply, nor shall any such matter be placed, led, discharged or allowed to escape onto the surface of the ground or into the ground below the surface within 500 feet, horizontal measurement, from the high-water mark of any reservoir or within 300 feet, horizontal measurement, of the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply.

(2) No garbage, putrescible matter, house slops, bath waters, kitchen or sink waste, refuse or waste waters from creameries, cheese factories, laundries nor water in which milk cans, utensils, clothes, bedding, carpets or harnesses 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 of the Dolgeville water supply. Nor shall any such liquid or solid refuse or waste be thrown or discharged upon the surface of any ground or into the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse of the Dolgeville water supply within 200 feet, horizontal measurement, of the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply.

(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 Dolgeville water supply.

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

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

(2) No stable for cattle or horses, barnyard, hogpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile nor compost heap shall be located, placed, maintained or allowed to remain with its nearest point less than 500 feet, horizontal measurement, from high-water mark of any reservoir or less than 300 feet, horizontal measurement, from the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply, and none of the above named objects or sources of pollution shall be so located, placed, maintained or allowed to remain that the drainage, leachings or washings from the same may enter any reservoir or watercourse of the Dolgeville water supply 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 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 500 feet before entering any reservoir nor less than 300 feet before entering any watercourse of the Dolgeville water supply.

(3) No human excrement or compost containing human excrement shall be placed, piled or spread upon the ground or dug or buried in the soil within a distance of 500 feet from the high-water line of any reservoir nor within a distance of 500 feet from the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply, and no manure or compost of any kind shall be placed, piled or spread upon the ground, within 300 feet of the high-water line of any reservoir nor within 200 feet of the edge, margin or precipitous bank of any watercourse of the Dolgeville water supply.

(4) No decayed or fermented fruit or vegetables, cider mill waste, roots, grain or other vegetable refuse of any kind shall be located, placed, 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 Dolgeville water supply without first having passed over or through such an extent of soil as to have become properly purified, and in no case shall it be deemed that proper 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 200 feet before entering any reservoir or a distance of not less than 100 feet before entering any watercourse of the Dolgeville water supply.

(f)Dead animals, offal, manufacturing wastes, etc.

No dead animal, bird, fish or any part thereof nor any offal nor any refuse from any slaughterhouse nor any decomposable or putrescible refuse or waste matter of any kind shall be thrown, placed in or allowed to pass into any reservoir or watercourse of the Dolgeville water supply without the leachings or drainage from such dead animal, bird, fish, offal, slaughterhouse refuse or such decomposable or putrescible matter shall have 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 300 feet before entering any reservoir and not less than 200 feet before entering any watercourse of the Dolgeville water supply.

(g)Boating, fishing and the harvesting of ice.

(1) The harvesting of ice, skating, boating, fishing from boats, from rafts, from the shore and through the ice are hereby prohibited upon or in any and all of the reservoirs of the Dolgeville water supply.

(2) The board of health of the village of Dolgeville, when necessary to regulate or diminish the number of fish in any of the reservoirs or when in their opinion such privileges may be extended without endangering the purity of the water supply, are hereby authorized to permit boating or fishing or both, under explicit regulations and restrictions. Such permit, regulations and restrictions must first be approved in writing by the State Commissioner of Health.

(3) A violation or noncompliance with any of the restrictions or regulations under which such permit for boating or fishing is issued shall be construed as a violation or noncompliance with this subdivision of the rules and regulations.

(h) Penalty.

In accordance with section 70, chapter 661 of the Laws of 1893, as amended by chapter 251 of the Laws of 1899, chapter 484 of the Laws of 1904 and chapter 582 of the Laws of 1906, the penalty for each and every violation of or noncompliance with any of the above rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $200.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 120.2