N.Y. Comp. Codes R. & Regs. tit. 10 § 138.10

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

Section 138.10 - Berlin water district, town of berlin

(a) Application. The following rules and regulations enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as finally amended by chapter 391 of the Laws of 1933, shall apply to all existing wells and such additional wells as may be developed in the future on the property of the Berlin Water District, Town of Berlin, Rensselaer County, New York, such wells being the sources of public water supply of the Berlin Water District.

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

(1) The term water supply means the public water supply of the Berlin Water District.

(2) The term well means either of the wells now serving as sources of water supply for the Berlin Water District and also any wells which may be developed to serve as sources of water supply for the Berlin Water District.

(3) The linear distance of a structure or object from a well is the shortest horizontal distance from the nearest point of the structure or object to the well.

(4) The term human excreta means feces, urine and other excretions commonly disposed of by the so-called dry system as typified by the ordinary privy.

(5) The term sewage means waste liquids containing human excreta and decomposing matter flowing in or from a house drainage system or sewer.

(c) Human excreta.

(1) No privy, cesspool, septic tank, subsurface leaching tile or receptacle of any kind for the storage, deposit or disposal of human excreta or sewage shall be constructed, placed, maintained or allowed to remain within 200 feet of any well.

(2) No human excreta or sewage shall be so stored, disposed of or discharged onto the surface of the ground so that the material will drain or be washed by rain or melting snow to points within 200 feet of any well.

(3) 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 through the soil in an imperfectly purified condition into any well, 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) Bath water, wastes, garbage. No cesspool, pit or receptacle of any kind for the storage, deposit or disposal of bath water, sink or laundry wastes, garbage, refuse, manure, putrescible matter shall be constructed, placed, maintained or allowed to remain within 200 feet of any well.

(e) Animals. 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 located within 200 feet of any well.

(f) Trespassing. No trespassing shall be allowed upon the property of the Berlin Water District upon which the wells of the public water supply are located, and no person or persons shall enter in or upon such property except such person or persons as may be charged with the maintenance of the supply in the official performance of their duties or such other persons as may be authorized to enter said property by the said district.

(g) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of any well.

(h) General clause. In addition to observing the foregoing requirements, all persons shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply of the Berlin Water District.

(i) Inspections. The Berlin Water District, its officers or their duly appointed representatives 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 aforesaid district to cause copies of any rules and regulations violated to be served upon the person 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 district to promptly notify the State Commissioner of Health of such violations. The aforesaid district shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular inspections which have been made, the number of violations found, the number of notices served and the general surroundings of the wells at the time of the last inspection.

(j) 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.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 138.10