N.Y. Comp. Codes R. & Regs. tit. 10 § 103.4

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

Section 103.4 - Village of Gowanda

(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 395 of the Laws of 1928, shall apply to the wells, springs and the spring-fed reservoir and drainage areas tributary thereto which serve as a source of the public water supply of the village of Gowanda, Cattaraugus and Erie counties, New York.

(b) Definitions.

(1) The term water supply wherever used in this section refers to the public water supply of the village of Gowanda, Cattaraugus and Erie counties, New York.

(2) The term wells refers to the wells now used as sources of this public water supply, which are located on land owned by the village, situated in the southwestern part of the village adjacent to and north of Hill Street, in Cattaraugus County, New York and to any wells which may be developed for the purpose of this water supply.

(3) The term springs refers to those springs which are located on land owned by the village to the southeast of the village in Erie County, New York and which are tributary to the water supply of the village of Gowanda.

(4) The term reservoir refers to the spring-fed reservoir located on land owned by the village to the southeast of the village in Erie County, New York and to any reservoirs which may be constructed as part of this water supply.

(5) The term linear distance refers to the shortest horizontal distance from the nearest point of the structure or object to the wells or springs or to the high-water mark of the reservoir.

(c) Human excreta.

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

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

(3) No human excreta shall be buried in the soil at a distance of less than 500 feet from any wells, springs or reservoir and it must be deposited in trenches or pits and, when buried at more remote location, covered with not less than 12 inches of soil in such a manner as to effectively 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 150 feet of any wells, springs or reservoir.

(5) Every privy or receptacle for the storage or deposit of human excreta, located between the limiting distance prescribed in paragraph (4) of this subdivision and the distance of 300 feet from any wells, springs or reservoir, shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied before it becomes 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 the wells, springs or reservoir, the said privy, receptacle, trench or place of disposal shall, after due notice to the owner thereof, be removed to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage. No sewage, bath water, sink or laundry wastes shall be discharged or allowed to flow into the reservoir or any spring nor deposited on or beneath the surface of the ground within 300 feet of any wells, springs or reservoir, except into a watertight receptacle, the contents of which shall be removed as provided by paragraph (3) of subdivision (c) or into a sewage treatment plant, plans for which shall be submitted to and approved by the State Commissioner of Health.

(e) Wastes, refuse and garbage. No garbage, refuse, putrescible matter, decayed fruit or vegetables, dead animals or other material that pollutes water shall be deposited in any reservoir nor on or beneath the surface of the ground within 200 feet of wells, springs or reservoir nor in such a manner that it can be washed by rain, melting snow or otherwise over the surface of or through the ground into the wells, springs or reservoir.

(f) Bathing. No person shall bathe or swim or be allowed to bathe or swim in the reservoir.

(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 or springs, and no watering place shall be maintained in such a way as to pollute the wells, springs or reservoir 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 or maintained at a distance less than 150 feet from any wells, springs or reservoir.

(h) Manure piles. No manure pile or compost heap shall be maintained or allowed to remain within 150 feet of the wells, springs or reservoir, nor shall manure be spread on the surface of the ground on the drainage area of the reservoir within 150 feet of the reservoir or within 150 feet of any wells or springs.

(i) Fishing, boating and ice cutting. No boating or fishing of any kind, ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of the reservoir, except by duly authorized employees of the Village of Gowanda in the performance of their duties of supervision and maintenance of the water supply.

(j) Camps. No camp, tent, building or other structure 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 on the area tributary to the reservoir within a distance of 500 feet of the reservoir nor within 500 feet of the wells or springs.

(k) Cemeteries. No interment of a human body shall be made within a distance of 250 feet of the wells, springs or reservoir.

(l) Inspections. The board of trustees of the Village of Gowanda or such other board, person or persons as may be charged with the maintenance or supervision of the public water supply of the Village of Gowanda, or the duly appointed representatives of any such board, shall make regular and thorough inspections of the reservoirs and drainage areas tributary thereto and for the purpose of ascertaining whether the above rules and regulations are being complied with; and it shall be the duty of said board of trustees 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 the said board to promptly notify the State Commissioner of Health of such violations. The board of trustees 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 surrounding the wells, springs and the reservoir 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 395 of the Laws of 1928, 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 or contamination is hereby fixed at $100.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 103.4