N.Y. Comp. Codes R. & Regs. tit. 10 § 125.2

Current through Register Vol. 46, No. 53, December 31, 2024

Section 125.2 - Village of Churchville

(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 heretofore set forth shall apply to the Pathfinder Spring and to all the natural and artificial reservoirs used for the collection or storage of the flow from the Pathfinder Spring, which are tributary to or which serve as sources of the public water supply of the Village of Churchville, Monroe County, or to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(b) Interpretation. Wherever a linear distance of a structure or object from the spring or from a reservoir is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to spring or reservoir.

(c) Privies adjacent to any reservoir or spring.

(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 200 feet of any spring tributary to the public water supply of the Village of Churchville.

(2) No privy, privy vault, pit, cesspool or other receptacle used for the permanent deposit of human excreta shall be constructed, 1ocated, placed, maintained or allowed to remain within 150 feet of any reservoir or within 300 feet of any spring tributary to the public water supply of the Village of Churchville.

(3) Every privy, privy vault, pit or other receptacle of any kind or place, used for the temporary storage of human excreta, located between the limiting distances 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 such excreta shall be received in suitable watertight receptacles which shall at all times be disposed of as hereinafter set forth in paragraphs (4) and (5) of this subdivision.

(4) The excreta collected in the aforesaid watertight receptacles permitted under paragraph (3) of this subdivision shall be removed and the receptacles thoroughly cleansed and deodorized as often as may be found necessary to maintain these receptacles or the privy or the place in which they are kept in a proper, sanitary condition and to effectually prevent any overflow upon the soil or upon foundation or floor of the privy or other place. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape in being transferred from the privy or place of temporary storage to the place of disposal hereinafter specified and that the contents, while being transferred, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to the occupants of the premises and the adjacent premises.

(5) Unless otherwise specifically ordered or permitted in writing by the State Commissioner of Health, the excreta collected in the aforesaid watertight receptacles permitted under paragraph (3) of this subdivision shall, when removed, be disposed of by burying in trenches or pits at a depth not less than 18 inches below the surface, in such place and manner as to effectually prevent the excreta being washed over the surface of the ground by rain or melting snow and at a distance of not less than 500 feet from any reservoir or spring tributary to the public water supply of the Village of Churchville.

(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 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 the reservoir or spring tributary to the public water supply of the Village of Churchville, then the said privy or receptacle for excreta or the 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 wastes, etc.

(1) No house slops, bath water, sewage or other excremental matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, discharged or allowed to escape or flow on 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 within 300 feet of any spring tributary to the public water supply of the Village of Churchville.

(2) 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 spring 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 within a distance of 100 feet of any reservoir or within 200 feet of any spring tributary to the public water supply of the Village of Churchville.

(3) No clothing, bedding, carpet, harness, vehicle, receptacle, utensil nor anything that pollutes water shall be washed, rinsed or placed in the reservoir or any spring tributary to the public water supply of the Village of Churchville.

(e) Animals, manure, compost, etc.

(1) 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 the reservoir or less than 200 feet from any spring tributary to the public water supply of the Village of Churchville, and none of the above named objects or sources of pollution shall be constructed, placed or allowed to remain where or in such manner that the drainings, leachings or washings therefrom may enter the reservoir or spring tributary to the public water supply of the Village of Churchville 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 less distance than 100 feet of any reservoir or 200 feet of any spring tributary to the public water supply of the Village of Churchville.

(2) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into the reservoir or spring tributary to the public water supply 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 Village of Churchville, nor shall such human excreta or compost or other matter containing human excreta be buried in the soil at a less depth than 18 inches below the surface nor within the prohibited distance of 500 feet of the reservoir or spring tributary to the public water supply of the Village of Churchville, and no manure or compost of any kind shall be thrown, placed, piled or spread upon the ground within a distance of 100 feet of any reservoir or 200 feet of any spring tributary to the public water supply of the Village of Churchville.

(3) 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 spring 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 spring 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 of any reservoir or spring tributary to the public water supply of the Village of Churchville.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animals, 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 spring nor shall such material or refuse be so located that the drainings, leachings or washings therefrom may reach any reservoir or any spring tributary to the public water supply 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 of any reservoir or spring tributary to the public water supply of the Village of Churchville.

(g) Labor camps. 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 a distance of 500 feet of any reservoir or spring tributary to the public water supply of the Village of Churchville.

(h) Cemeteries. No interment of a human body shall be made within 500 feet of any reservoir or spring tributary to the public water supply of the Village of Churchville.

(i) Inspections. The board of trustees of the Village of Churchville 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 reservoir and spring 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 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 trustees to promptly notify the State Commissioner of Health of such violations. The board of trustees 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 reservoir, the Pathfinder Spring and the area tributary thereto at the time of the last inspection.

(j) 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.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 125.2