N.Y. Comp. Codes R. & Regs. tit. 10 § 133.9

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

Section 133.9 - Village of highland falls

(a) Application. The following rules and regulations enacted in accordance with the provisions of 1100 et seq. of the Public Health Law, formerly sections 70, 71 and 73 of chapter 45 of the Consolidated Laws, as amended, shall apply to the distributing reservoirs located at Bog Meadow Pond, located on Buttermilk Falls Brook above the junction of Stone [FN*] Lonesome Brook and to all natural and artificial reservoirs and watercourses entering or ultimately discharging into said distributing reservoirs which serve as sources of the public water supply furnished by the Village of Highland Falls to the Village of Highland Falls and parts of the Town of Highlands, Orange County, NY.

(b) Definition of terms. Whenever used in this section:

(1) The term water supply means the public water supply furnished by the Village of Highland Falls, Orange County, NY.

(2) The term reservoir means the distributing reservoir at the intake of the aforesaid water supply on Buttermilk Falls Brook above the junction of Stoney Lonesome Brook.

(3) The term watercourse means every spring, pond (other than reservoir), stream, marsh or channel of any kind, the waters of which flow or may flow into this water supply.

(4) The linear distance of a structure or object from a reservoir or watercourse is 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 waterflow.

(c) Human excreta.

(1) No human excreta shall be deposited, thrown, placed or allowed to escape into the lake, reservoir or any watercourse.

(2) No human excreta shall be placed or spread upon the surface of the ground at any point on the watershed of the water supply.

(3) No human excreta shall be buried in the soil on the watershed of the water supply unless deposited in trenches or pits at a distance of not less than 500 feet from the reservoir or 300 feet from any watercourse and covered with not less than 12 inches of soil in such a manner as to effectually prevent its being washed over the surface of the ground by rain or melting snow.

(4) No privy or receptacle of any kind for the storage or deposit of human excreta shall be construced, placed, maintained or allowed to remain within 200 feet of the reservoir or within 75 feet of any watercourse.

(5) Every privy or receptacle for the storage or deposit of human excreta located between the distances of 300 feet and 200 feet from the reservoir or between the distances of 150 and 75 feet from any watercourse, shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

(6) Whenever, in the opinion of the State Commissioner of Health, excremental matter from any aforesaid privy, receptacle, trench or place of disposal may be washed over the surface of the ground or through the soil in an imperfectly purified condition into any reservoir or watercourse, the said privy, receptacle, trench or place of disposal shall be removed, after due notice to the owner thereof, to such places as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage. No sewage shall be discharged or allowed to flow into the reservoir or any watercourse nor deposited on or beneath the surface of the ground within 300 feet of the reservoir or within 150 feet of any watercourse, except into watertight receptacles, the contents of which shall be disposed of as provided by paragraph (c)(3) of this section. If such watertight receptacles are used, they shall be located not less than 200 feet from the reservoir or 75 feet of any watercourse. These restrictions and limiting distances shall not apply to sewage treatment plants installed under and in accordance with plans which first have been submitted to and approved by the State Commissioner of Health.

(e) Wastes, refuse and garbage.

(1) No bath water, sink or laundry wastes shall be allowed to flow into the reservoir of any watercourse, nor be deposited on or beneath the surface of the ground within 200 feet of the reservoir or within 50 feet of any watercourse.

(2) No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or other material that pollutes water shall be deposited in the reservoir or any watercourse, nor on or beneath the surface of the ground within 250 feet of the reservoir or within 50 feet of any watercourse, nor in such a manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into the reservoir or any watercourse.

(f) Bathing, boating, fishing, ice cutting.

(1) No person shall bathe or swim or be allowed to bathe or swim in the reservoir or any watercourse.

(2) No bathing, boating or fishing of any kind, ice cutting or any trespassing whatsoever shall be allowed in or upon the waters or ice of any reservoir or any tributary watercourse of the public water supply of the Village of Highland Falls except by duly authorized employees of the Village of Highland Falls in the performance of their duties of supervision and maintenance of the water supply, except that fishing may be allowed upon permit issued by the water department of the Village of Highland Falls under regulations and rules for the proper use of such permits and under the supervision of the superintendent of said water department, such permits being revocable at any time by the water department.

(g) Places for animals.

(1) No animals or poultry shall be allowed to stand, wade, wallow or swim nor be washed or watered in the reservoir, and no watering place shall be maintained in such a way as to pollute any watercourse with excremental matter.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals shall be so located or maintained in such a manner that the drainings, leachings or washings therefrom may directly pollute the reservoir or any watercourse.

(h) Manure. No manure pile shall be maintained or allowed to remain within 300 feet of the reservoir or within 50 feet of any watercourse, nor in such a manner as to pollute said reservoir or watercourse.

(i) Camps. No camp, tent, building or other structures for occupancy by transients or for the housing of laborers engaged in construction work or for any other use, except as a private camp or dwelling maintained by a person for his own personal use or for the use of his family and friends, shall be located, placed or maintained within a distance of 500 feet of the reservoir or within 300 feet of any watercourse tributary to the water supply.

(j) Cemeteries. No interment of a human body shall be made within a distance of 400 feet of the reservoir.

(k) General clause. In addition to observing the foregoing requirements all persons living on or visiting the watershed shall refrain from any acts, though not heretofore specified, which may result in contamination of any portion of the water supply.

(l) Inspections. The Village of Highland Falls or such others as may be charged with the maintenance or supervision of the water supply or the duly appointed representatives of the village shall make regular and thorough inspections of the reservoirs, watercourses 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 village to cause copies of any rules and regulations violated to be served upon the persons violating the same, together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of said village to promptly notify the State Commissioner of Health of such violations. The Village of Highland Falls shall report to the State Commissioner of Health 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.

(m) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 391 of the Laws of 1933, 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.

[FN*] So in original. Apparently should be "Stoney."

N.Y. Comp. Codes R. & Regs. Tit. 10 § 133.9