N.Y. Comp. Codes R. & Regs. tit. 10 § 143.7

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

Section 143.7 - Jefferson water district, town of jefferson

(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 the distributing reservoir and to all existing springs and such springs as may be developed in the future discharging into said reservoir which are located on what is known as the Ploof farm in Jefferson Town, and to any springs or reservoirs which may be constructed in the future and which serve as sources of the public water supply of the Jefferson Water District, Jefferson Town, Schoharie County, and shall also apply to the pond used as an emergency source of supply for fire protection in said district and any watercourse discharging into that pond.

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

(1) The term water supply means the public water supply of the Jefferson Water District, Jefferson Town, Schoharie County, New York.

(2) The term reservoir means distributing reservoir which is used to collect water from all of the springs.

(3) The term pond means the body of water surrounding this reservoir which may be used as an emergency source of water for fire purposes.

(4) The term watercourse means any stream, marsh or channel of any kind, the waters of which flow or may flow into said pond.

(5) The linear distance of a structure or object from a spring, reservoir or watercourse is the shortest horizontal distance from the nearest point of the structure or object to the structure of the spring or reservoir or to the ordinary high-water mark of the pond or watercourse.

(6) 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.

(7) 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 human excreta shall be deposited, thrown, placed or allowed to escape into the springs, reservoir, pond or any watercourse.

(2) No human excreta shall be placed or spread upon the surface of the ground at any point between the springs and the top of the hill on which they are located nor on the watershed of the pond.

(3) No human excreta shall be buried in the soil on the watershed of the pond nor in the area surrounding the springs unless deposited in trenches or beds at a distance of not less than 500 feet from the springs or 200 feet from the pond or 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 constructed, placed, maintained or allowed to remain within 300 feet of the springs or within 100 feet of the pond or any watercourse.

(5) Every privy or receptacle for the storage or deposit of human excreta located between the distances of 500 feet and 300 feet from the springs or between the distances of 200 and 100 feet from the pond or 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 to within six inches of the top and 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 aforesaid privy, receptacle, trench or place of disposal and sewage or wastes from any place of disposal may be washed over the surface of the ground or through the soil in an imperfectly purified condition into any spring, pond 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 springs, the pond or any watercourse nor deposited on or beneath the surface of the ground within 500 feet of the springs or within 200 feet of the pond or any watercourse except into watertight receptacles, the contents of which shall be deposited as provided by paragraph (3) of subdivision (c). If such watertight receptacles are used, they should be located not less than 300 feet from the springs or 100 feet from the pond or any watercourse.

(e) Wastes, refuse and garbage.

(1) No bath water, sink or laundry wastes shall be allowed to flow into the springs, pond or watercourse nor be discharged or deposited or allowed to be discharged or deposited on or beneath the surface of the ground within 300 feet of the springs and 100 feet of the pond and watercourse.

(2) No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animal or other material or wastes that pollute water shall be deposited in the springs or in the pond or watercourse nor on or beneath the surface of the ground within 200 feet of the springs or within 50 feet of the pond and 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 springs, pond or watercourse.

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

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

(2) No boating or fishing of any kind and no ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of the pond.

(g) Places for animals.

(1) No animal or poultry shall be allowed to stand, wade, wallow or swim nor be washed or watered in the springs or pond or watercourse and no watering place shall be maintained in such a way as to pollute any spring, pond or 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 located within 300 feet of the springs or within 100 feet of the pond or watercourse.

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

(i) Camps. No camp, tent, building or other structures for occupancy by transients nor 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 from the springs and 200 feet from the pond or watercourse.

(j) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of the springs.

(k) Trespassing. No trespassing shall be allowed upon the property of the Jefferson Water District upon which the springs of the public water supply of said district are located and no person or persons shall enter in or upon such property except such persons 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.

(l) 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.

(m) Inspections. The Jefferson Water District or such other person or persons as may be charged with the maintenance or superversion of the water supply or the duly appointed representative of that district shall make regular and thorough inspections of the area surrounding the springs, the pond and the watercourse and the drainage area tributary thereto for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of the aforementioned district to cause copies of any rules and regulations violated to be served upon the person violating the same with notices of such violation, and if such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the Jefferson Water District to promptly notify the State Commissioner of Health of such violations. The aforementioned water 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 springs, pond and watercourse at the time of the last inspection.

(n) 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 § 143.7