N.Y. Comp. Codes R. & Regs. tit. 10 § 127.61

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

Section 127.61 - Hicksville Water District, Town of Oyster Bay

(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 finally amended by chapter 510 of the Laws of 1921, as heretofore set forth, shall apply to all wells of the public water supply of the Hicksville Water District of the town of Oyster Bay, Nassau County, N. Y.

(b) [Definition.] Wherever a linear distance of a structure or object from a well is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to such well.

(c) Privies adjacent to any well.

(1) No privy, privy vault, pit, cesspool or receptacle of any kind used for the temporary storage of human excreta shall be constructed, placed, maintained or allowed to remain within 100 feet of any well of the public water supply of the Hicksville Water District unless especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. All such receptacles located within the limiting distance referred to in this paragraph shall be constructed only with the approval of and under the supervision of the board of water commissioners of the Hicksville Water District.

(2) No privy, privy vault, pit, cesspool or other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 200 feet of any well of the public water supply of the Hicksville Water District.

(3) No cesspool, pit or other receptacle used for the temporary storage of human excreta or sewage shall be constructed, located, maintained or allowed to remain between the limiting distance prescribed by paragraph (1) of this subdivision and the limiting distance prescribed by paragraph (2) of this subdivision unless said cesspool, pit or other receptacle is watertight and so arranged and equipped that the said excreta or sewage will not overflow and is at once removed by pump or other satisfactory means through watertight pipes or conduits to some proper place of ultimate disposal, as hereinafter provided, except that suitable removable vessels or receptacles for the temporary storage of said human excreta or sewage may be provided and maintained between the said limiting distances if 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.

(4) The excreta collected in the aforesaid removable vessels or receptacles permitted under paragraphs (1) and (3) of this subdivision shall be removed and the vessels or receptacles thoroughly cleaned and deodorized as often as may be found necessary in order to maintain them or the privy or place in which they are kept in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the 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 while being transferred from the privy or place of temporary storage to the place of final 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 occupants of the premises and the adjacent premises.

(5) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid removable receptacles permitted under paragraphs (1) and (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 and at a distance not less than 500 feet from any well of the public water supply of the Hicksville Water District.

(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 any well, 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, laundry or garage wastes or sewage or other excretal matter from any water closet, privy, receptacle or other source shall be thrown, placed, led, discharged or allowed to escape on or beneath the surface of the ground within 200 feet of any well of the Hicksville Water District, except into suitable watertight iron pipes with leaded joints connected to a sewage disposal system, plans for which have been submitted to and received the approval of the State engineer and a permit obtained from their department.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuses or waste matter from any industrial establishment nor any polluted water or liquid of any kind shall be thrown, discharged or allowed to escape or remain upon the surface of the ground or be allowed to escape or percolate into or through the ground below the surface within a distance of 100 feet from any well of the public water supply of the Hicksville Water District.

(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 75 feet of any well of the public water supply of the Hicksville Water District.

(2) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into any well nor to be placed, piled or spread upon the surface of the ground or be dug or buried in the soil at a less depth than 18 inches below the surface nor within a distance of 200 feet from any well of the public water supply of the Hicksville Water District and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 75 feet from any well of the public water supply of the Hicksville Water District.

(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 maintained or allowed to remain on the surface of the ground or beneath the surface of the ground within 300 feet of any well of the public water supply of the Hicksville Water District.

(g) 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 from any well of the public water supply of the Hicksville Water District.

(h) Cemeteries. No interment of a human body shall be made within a distance of 500 feet from any well of the public water supply of the Hicksville Water District.

(i) Inspections. The board of water commissioners of the Hicksville Water District shall make regular and thorough inspections of the area surrounding the wells for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of the said board of water commissioners 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 water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners 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 area surrounding the wells at the time of the last inspection.

(j) 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 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 § 127.61