N.Y. Comp. Codes R. & Regs. tit. 10 § 130.2

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

Section 130.2 - City of utica

(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 bodies of water (wherever located) now in existence or that may be hereafter developed which serve as a source of the public water supply of the city of Utica and the adjacent communities which derive their water supply through the mains of the bureau of water of the city of Utica.

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

(1) The term water supply means the public water supply of the city of Utica and adjacent communities.

(2) The term reservoir means any natural or artificially impounded body of water serving as a source of water supply of Utica and adjacent communities and to any additional reservoir which may be constructed or used for said water supply.

(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 the water supply of Utica and adjacent communities.

(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 such watercourse.

(c) Watersheds. These rules shall apply to the drainage area of the Graffenburg or No. 1 Reservoir, south of the city of Utica, and to that portion of the watershed of West Canada Creek which lies above the concrete dam at Hinckley in the towns of Russia, Remsen, Webb, Norway, Ohio and Salisbury in Herkimer County, the towns of Arietta and Morehouse in Hamilton County, and the town of Trenton, Oneida County, including all the tributaries of West Canada Creek.

(d) Human excreta.

(1) No human excreta shall be deposited, thrown or placed in or allowed to escape into any reservoir or 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 130 feet from any reservoir or watercourse and covered with not less than 18 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 placed, maintained or allowed to remain within 25 feet of any reservoir or watercourse, except a properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (1) of subdivision (f) [FN*], provided, however, that the property on which the privy or receptacle is built or is to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of such property.

(5) Every privy or receptacle of any kind for the storage or deposit of human excreta, built or to be built on property which is so located, bounded or otherwise placed that the distances named in paragraph (4) of this subdivision cannot be obtained, shall be placed as far as possible from any reservoir or watercourse and especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight containers are provided, they shall be located as far as practicable from any reservoir or watercourse. All privies or receptacles referred to in this paragraph shall be constructed or installed only with the approval and under the supervision of the bureau of water of the city of Utica and in such manner as effectually to prevent any pollution of the public water supply.

(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.

(e) Sewage. No sewage shall be discharged or allowed to flow into any reservoir or watercourse nor deposited on or beneath the surface of the ground within 150 feet of any reservoir or watercourse, except into watertight receptacles, the contents of which shall be disposed of as provided by paragraph (3) of subdivision (d). If such watertight receptacles are used, they shall be located not less than 75 feet from any reservoir or 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.

(f) Wastes, refuse and garbage.

(1) No bath water, sink or laundry wastes or polluted liquid of any kind shall be discharged or allowed to flow into any reservoir or watercourse nor be deposited on or beneath the surface of the ground within 100 feet of any reservoir or watercourse.

(2) No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animal or other material that pollutes water shall be deposited in any reservoir or watercourse nor on or beneath the surface of the ground within 100 feet thereof nor in such a manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into any reservoir or watercourse.

(g) Bathing, boating, fishing, etc.

(1) No person shall bathe or swim or be allowed to bathe or swim in any reservoir or watercourse and no bathing or swimming shall be allowed within 1000 feet of the intake at Hinckley on the West Canada Creek.

(2) No boating of any kind or fishing from the shore, from boats or through the ice or any trespassing whatever shall be allowed in or upon the reservoirs tributary to this public water supply known as reservoirs 1, 2, 4, 5, 6, 8, 10, and 11, except by duly authorized employees of the bureau of water in the performance of their duties of supervision and maintenance of the public water supply; nor shall any ice cutting or other operations incident thereto be allowed on any part of these reservoirs except by permission and under rigid inspection and supervision of the bureau of water. Notices relative to the foregoing restrictions shall be posted conspicuously at each of these reservoirs by the bureau of water. The waters of these reservoirs and the lands surrounding them, owned by the city of Utica, shall not at any time be used for picnicking, playgrounds, horseback riding, public meetings or any other assembly or congregation.

(h) Places for animals.

(1) No animal or poultry shall be allowed to stand, wade, wallow or swim nor be washed or watered in any reservoir and no watering place shall be maintained in such a way as to pollute any watercourse with exremental 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 drainage, leachings or washings therefrom may directly pollute any reservoir or watercourse.

(i) Manure. No manure pile shall be maintained or allowed to remain within 100 feet of any reservoir or watercourse nor in such a manner as to pollute said reservoir or watercourse.

(j) 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 300 feet of any reservoir or watercourse tributary to the water supply.

(k) Cemeteries. No interment of a human body shall be made within a distance of 200 feet of any reservoir or watercourse tributary to the water supply.

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

(m) Inspections. The board of water commissioners of the city of Utica or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representatives of the bureau of water 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 board of water commissioners 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 board of water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners 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.

(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.

[FN*] So in original. Apparently should be "subdivision (e)".

N.Y. Comp. Codes R. & Regs. Tit. 10 § 130.2