N.Y. Comp. Codes R. & Regs. tit. 10 § 133.1

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

Section 133.1 - City of Middletown

(a)Application.

The following rules and regulations shall apply to all streams, lakes and reservoirs on the drained areas tributary to the reservoirs from which water is drawn for the water supply of the City of Middletown, Orange County, NY, which are intended to comprise all watercourses entering or ultimately discharging into the Monhagen Reservoir, the Highland Reservoir and the Shawangunk Reservoir.

(b)Definitions

(1) The term reservoir whenever used in this section is intended to mean and comprise each of the above three named reservoirs.

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

(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 with its nearest point within 50 feet, horizontal measurement, of the high-water mark of any reservoir or of the edge, margin or precipitous bank of any watercourse of the Middletown water 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 200 feet, horizontal measurement, of the waterline of any reservoir of the Middletown water supply or within 150 feet, horizontal measurement, of the edge, margin or precipitous bank of any watercourse of the Middletown water supply.

(3) Every privy, privy vault, pit, cesspool or other receptacle or placed used for the temporary storage of human excreta which is constructed, located or maintained within the aforesaid 200 feet, horizontal measurement, of the high-water mark of any reservoir or within the aforesaid 150 feet, horizontal measurement, of the edge, margin or precipitous bank of any watercourse of the Middletown 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 watertight condition and which will permit convenient removal to some place of ultimate disposal as hereinafter set forth.

(4) 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 affecting this removal the utmost care shall be exercised that none of the contents shall 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 specifically ordered or permitted by the State Commissioner 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 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 the Middletown water supply.

(6) 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 excretal 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 Commissioner of Health.

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

(1) No sewage, house slops, bath water, 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 Middletown 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 300 feet, horizontal measurement, from the high-water mark of any reservoir or within 200 feet, horizontal measurement, of the edge, margin or precipitous bank of any watercourse of the Middletown water supply.

(2) No garbage, putrescible matter, kitchen or sink waste, refuse or waste water from creameries, cheese factories, laundries, no 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 Middletown water supply. Nor shall any such liquid or solid refuse or waste be thrown or discharged upon the surface of the ground or into the ground below the surface within a distance of 200 feet, horizontal measurement, of any reservoir or within 150 feet, horizontal measurement, of the edge, margin or precipitous bank of any watercourse of the Middletown water supply.

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

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

(1) No person shall be allowed to bathe in any reservoir or watercourse of the Middletown water supply, nor shall any animal or poultry be allowed to stand, wade or swim in said reservoir or watercourse nor to 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 or compost heap shall be located, placed, maintained or allowed to remain with its nearest point less than 150 feet, horizontal measurement, from the high-water mark of any reservoir or less than 75 feet, horizontal measurement, from the edge, margin or precipitous bank of any watercourse of the Middletown 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 Middletown water supply without first having passed 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 150 feet before entering any reservoir nor less than 75 feet before entering any watercourse of the Middletown 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 300 feet from the high-water line of any reservoir nor within a distance of 200 feet from the edge, margin or precipitous bank of any watercourse of the Middletown water supply, and no manure or compost of any kind shall be placed, piled or spread upon the ground within 150 feet of the highwater line of any reservoir nor within 75 feet of the edge, margin or precipitous bank of any watercourse of the Middletown water supply.

(4) No decayed or fermented fruits or vegetables, cider mill waste, roots, grain or other vegetables 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 Middletown 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 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 reservoir or a distance not less than 50 feet before entering any watercourse of the Middletown water supply.

(f)Dead animals, offal, manufacturing waste, 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 Middletown water supply, 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 reservoir or watercourse of the Middletown water supply without first having 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 reservoir and not less than 100 feet before entering any watercourse of the Middletown water supply.

(g)Boating and fishing.

(1) Boating, fishing from boats, from rafts, from the shore and through the ice are hereby prohibited in any and all of the reservoirs of the Middletown water supply.

(2) The board of water commissioners of Middletown, 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 be first 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 of chapter 661 of the Laws of Laws of 1893, as amended by chapter 251 of the Laws of 1899, 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 § 133.1