N.Y. Comp. Codes R. & Regs. tit. 10 § 109.3

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

Section 109.3 - Village of Philmont

(a) [Application.] The rules and regulations hereinafter given, duly made and enacted in accordance with provisions of sections 70, 71, 72 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 695 of the Laws of 1911, and as heretofore set forth, shall apply to Forest Pond and to all water courses entering or ultimately discharging into Forest Pond.

(b) [Definitions.]

(1) The term reservoir wherever used in this section is intended to mean and refer to Forest Pond and to the distributing reservoir of the Philmont water supply system and to any additional reservoirs that may be constructed in connection with the said water supply system.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than Forest Pond or the distributing reservoir), stream, ditch, gutter or other channel of every kind, the waters of which when running, whether continuously or occasionally, eventually flow or may flow into the water supply of the said village of Philmont.

(3) Wherever a linear distance of structure or object from a reservoir or from a watercourse is mentioned in this section, it is intended to mean 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 watercourse.

(c) Privies adjacent to any reservoir or watercourse.

(1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for the temporary storage of human excreta shall be constructed, placed, maintained or allowed to remain with its nearest point within 100 feet of any reservoir or watercourse of the water supply of the village of Philmont.

(2) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain with its nearest point within 200 feet of any reservoir or watercourse of the water supply of the village of Philmont.

(3) Every privy, privy vault, pit or other receptacle or place used for the temporary storage of human excreta which is constructed, located, maintained or allowed to remain between the limiting distances of 100 feet and 200 feet as provided by paragraphs (1) and (2) of this subdivision from which privy or other receptable the excreta are not at once removed by pump or other satisfactory means through 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 of convenient removal to some place of ultimate disposal as hereinafter set forth.

(4) The excreta collected in the aforesaid temporary receptacle permitted under paragraph (3) of this subdivision shall be removed and the receptacles thoroughly cleaned and deodorized as often as may be found necessary 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 effecting this removal the utmost care shall be exercised that none of the contents 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 specially ordered or permitted by the State Department of Health, the excreta collected in the aforesaid temporary receptacles permitted under paragraph (3) of this subdivision 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 their being washed over the surface of the ground by rain or melting snow and at distances not less than 400 feet, horizontal measurement, from the high-water mark of any reservoir or not less than 300 feet from the edge, margin or precipitous bank of any watercourse of said water supply.

(6) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height of flow or subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal or the garbage or wastes from any dump may be washed over the surface or through the soil in an imperfectly purified condition into any reservoir or watercourse, then the said privy or receptacle for excreta or the said trench or place of disposal or the said garbage or waste dump 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 wastes, etc.

(1) No house slops, bath water, sewage or other excretal matter from any water closet, privy, cesspool or other source shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner either directly or indirectly into any reservoir or watercourse of the water supply of the village of Philmont, nor shall any such matter be thrown, placed, led, discharged or allowed to escape or flow on to the surface of the ground or into the ground beneath the surface within 300 feet of any such reservoir or watercourse.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste water from any creamery, cheese factory, laundry nor water in which milk cans, utensils, clothing, bedding, carpets or harnesses have been washed, 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 water supply of the village of Philmont, nor shall any such liquid or solid refuse or waste be thrown, discharged or allowed to escape or remain upon the surface of the ground or to percolate into or through the ground below the surface in any manner whereby the same may flow into any reservoir or watercourse of the water supply of the village of Philmont within 100 feet of any such reservoir or within 75 feet of any such watercourse.

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

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

(1) No person shall be allowed to bathe in any reservoir or watercourse of the water supply of the village of Philmont, nor shall any animals or poultry be allowed to stand, wallow, wade or swim in said reservoir or watercourse nor 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 constructed, placed, maintained or allowed to remain with its nearest point less than 150 feet from any reservoir or 75 feet from any watercourse of the water supply of the village of Philmont; and none of the above named objects or sources of pollution shall be so constructed, placed, maintained or allowed to remain where or in such manner that the drainings, leachings or washings from the same may enter any such reservoir or watercourse without first having passed over or 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 such reservoir nor less than 75 feet before entering any such watercourse.

(3) No human excreta, compost or other matter containing the same shall be thrown, placed or allowed to escape into any reservoir or watercourse nor to be placed, piled or spread upon the ground or dug or buried in the soil within a distance of 400 feet from any reservoir or 300 feet from any watercourse of the water supply of the village of Philmont; and no manure or compost of any kind shall be placed, piled or spread upon the ground within 150 feet of any such reservoir or 75 feet of any such watercourse.

(4) No decayed or fermented fruit or vegetables, cider mill waste, roots, grain or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, maintained, piled 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 water supply of the village of Philmont without first having passed over or through such an extent of soil as to have been 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 such reservoir or 50 feet before entering any such watercourse.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animal, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse of the water supply of the village of Philmont; not 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 such reservoir or watercourse without having first 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 such reservoir or 100 feet before entering any such watercourse.

(g) Fishing, boating and ice cutting. 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 Forest Pond within 500 feet of the water supply intake of the village of Philmont, except that boating, fishing or ice cutting may be allowed on other parts of Forest Pond upon written permit issued by the board of trustees and in direct compliance with conditions of the permit issued by such board for the protection from contamination of said supply. Notices relative to the foregoing restriction shall be posted conspicuously by the village of Philmont.

(h) [Temporary housing.] No temporary camp, tent, building or other structure for housing laborers engaged on construction work or for other purposes shall be located, placed or maintained within 500 feet of any reservoir or watercourse of the water supply of the village of Philmont.

(i) [Cemeteries.] No interment of a human body shall be made within 100 feet of any watercourse or within 200 feet of any reservoir of the public water supply of the village of Philmont.

(j) Inspection. The board of water commissioners of the village of Philmont shall make regular and thorough inspections of the reservoirs, streams 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 board of water commissioners to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules or regulations, it shall be the further duty of the board of water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners shall report in writing annually, on the first 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.

(k) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), 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 § 109.3