N.Y. Comp. Codes R. & Regs. tit. 10 § 133.2

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

Section 133.2 - City of newburgh

(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 Washington Lake, Brown Pond, Lockwood Basin and/or to any reservoirs which may be constructed to serve as sources of the public water supply of the city of Newburgh, Orange County, and to all watercourses, the water from which is tributary to or discharged into Washington Lake, Brown Pond, Lockwood Basin or said reservoirs.

(b) Definitions.

(1) The term water supply means the public water supply of the city of Newburgh.

(2) The term reservoir means Washington Lake, Brown Pond and Lockwood Basin serving as the source of the water supply and any reservoir which may be constructed to serve as sources of the water supply of the city of Newburgh.

(3) The term watercourse means every spring, pond (other than reservoirs), stream, marsh or channel of any kind, the waters of which flow or may flow into this water supply.

(4) The term watershed means any area naturally draining into any watercourse tributary to any reservoir of the water supply of the city of Newburgh.

(5) 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 a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such 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 or placed or allowed to escape into any reservoir or any tributary 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 500 feet from any reservoir or any tributary watercourse and covered with not less than 18 inches of soil in such a manner as to effecually 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 50 feet of any reservoir or any tributary watercourse except a properly constructed and operated sewage disposal plant, as hereinafter set forth in subdivision (d), 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 distance 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 distance named in paragraph (4) of this subdivision cannot be obtained, shall be placed as far as possible from any reservoir or tributary 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 tributary 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 water department of the city of Newburgh and in such manner as effectually to prevent any pollution of the public water supply.

(6) Every privy or receptacle for the storage or deposit of human excreta located within the distances of 50 feet and 250 feet of any reservoir or within 50 feet and 125 feet of any tributary 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 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.

(7) Whenever, in the opinion of the State Commissioner of Health, excremental matter from the 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 tributary 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 lake or any tributary watercourse nor upon the surface of the ground at any point on the watershed of the supply nor deposited beneath the surface of the ground within 250 feet of any reservoir or within 125 feet of any tributary watercourse, except into watertight receptacles, the contents of which shall be disposed of as provided for by paragraph (3) of subdivision (c). If such watertight receptacles are used, they shall not be located within 50 feet of any reservoir or any tributary watercourse, provided, however, that the property on which the receptacle is built or to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of the property. In such case the watertight receptacle shall be constructed and maintained as provided for in paragraph (5) of subdivision (c). 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.

(e) Wastes, refuse, garbage.

(1) No bath water, sink or laundry wastes or polluted liquid of any kind, except the effluent from a properly constructed and operated sewage treatment plant as hereinbefore provided by subdivision (d), shall be discharged or allowed to flow into any reservoir or any tributary watercourse nor be deposited on or beneath the surface of the ground within 250 feet of any reservoir or any tributary watercourse.

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

(3) No person or persons shall bathe or swim or be allowed to bathe or swim in any reservoir or in any tributary watercourse.

(f) Boating, fishing, 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 any reservoir or any tributary watercourse of the public water supply, except by duly authorized employees of the city of Newburgh in the performance of their duties of supervision and maintenance of the water supply, except that fishing may be allowed upon permit issued by the water department of the city of Newburgh, such permit being revocable at any time by the water department.

(g) Animals.

(1) No animal or poultry shall be allowed to stand, wade, wallow or swim nor to be washed or watered in any reservoir or any tributary watercourse and no watering place shall be maintained in such way as to pollute any tributary 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 so located or maintained in such a manner that the drainings, leachings or washings therefrom may pollute any reservoir or any tributary watercourse.

(h) Manure. No manure pile shall be maintained or allowed to remain within 75 feet of any reservoir or any tributary watercourse.

(i) Camps. No camp, tent, building or other structure for the occupancy of transients or for the housing of laborers engaged in construction work or for other use, except as a private camp or dwelling maintained by a person for his own personal use or for use of family and friends, shall be located, placed or maintained within a distance of 500 feet of any reservoir or any tributary watercourse.

(j) Cemeteries. No interment of a human body shall be made within a distance of 300 feet of any reservoir or any tributary watercourse.

(k) 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.

(l) Inspections. The water department of the city of Newburgh or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representative of the city shall make regular and thorough inspections of all reservoirs, watercourses and watersheds 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 water department to cause copies of any rules and regulations violated to be served upon 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 water department to promptly notify the State Commissioner of Health of such violations. The water department 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.

(m) 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 § 133.2