N.Y. Comp. Codes R. & Regs. tit. 10 § 133.6

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

Section 133.6 - Village of florida

(a) [Application.] The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (the Public Health Law), as amended by chapter 510 of the Laws of 1921, shall apply to the entire drainage area of Glenmere Lake which forms the source of the public water supply of the village of Florida, Orange County, N. Y.

(b) [Definitions.]

(1) The term lake wherever used in this section is intended to mean Glenmere Lake.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond, stream, ditch, gutter or other channel of any kind, the waters of which, when running whether continuously or occasionally, eventually flow or may flow into Glenmere Lake.

(3) Wherever a linear distance of a structure or object from the lake 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 the lake or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to lake or watercourse.

(1) No privy, privy vault, pit or receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be placed, maintained or allowed to remain within 75 feet of the lake or any watercourse tributary to the public water supply of the village of Florida.

(2) No privy, privy vault, pit, cesspool or other receptacle used for the permanent deposit of human excreta shall be constructed, located, placed, maintained or allowed to remain within 500 feet of the lake or 250 feet of any watercourse tributary to the public water supply of the village of Florida.

(3) Every privy, privy vault, pit or other receptacle of any kind or place, used for the temporary storage of human excreta, located between the limiting distance prescribed by paragraph (1) of this subdivision and the limiting distances prescribed by paragraph (2) of this subdivision, shall be arranged in such a manner that all such excreta shall be received in suitable watertight receptacles and shall at all times be disposed of as hereinafter set forth in paragraphs (4) and (5) of this subdivision.

(4) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleaned and deodorized as often as may be found necessary to maintain the privy in a proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundation or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape in being transferred from the privy to the place of disposal hereinafter specified and that the least possible annoyance and inconvenience be caused to the occupants of the premises or of the adjoining premises.

(5) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid receptacles shall, when removed be disposed of by burying in trenches or pits at a depth of not less than 12 inches below the surface of the ground and in such manner as to effectually prevent their being washed over the surface of the ground by rain or melting snow and at a distance of not less than 500 feet of the lake or 250 feet of any watercourse tributary to the public water supply of the village of Florida.

(6) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground or to the height or flow of subsoil or surface water or other special local conditions, the excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal may, in the opinion of the State Commissioner of Health, be washed over the surface of the ground or through the soil into the lake or any watercourse tributary to the public water supply of the village of Florida, then the said privy or receptacle for excreta or the trench or place of disposal shall, after due notice to the owner thereof, be removed to such greater distance or to such places 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, laundry or garage wastes, sewage or excremental matter from any water closet, privy or other source shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner either directly or indirectly into the lake or any watercourse tributary to the public water supply of the village of Florida, nor shall any such matter be thrown, placed, led, discharged or allowed to escape or flow onto the surface of the ground or into the ground beneath the surface, except into watertight receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within 500 feet of the lake and 250 feet of any watercourse tributary to the public water supply of the village of Florida.

(2) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any dairy, cheese factory nor water in which milk cans, utensils, clothing, bedding, carpets or harness have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged into the lake or any watercourse tributary to the public water supply of the village of Florida, nor shall any such liquid or solid matter be thrown or discharged upon the surface of the ground or into the ground below the surface except into watertight vessels or receptacles, the contents of which are to be removed as provided by paragraph (4) of subdivision (c), within a distance of 100 feet of the lake or any watercourse tributary to the public water supply of the village of Florida.

(3) No clothing, bedding, carpet, harness, vehicle, receptacle, utensil, nor anything that pollutes water shall be washed, rinsed or placed in the lake or any watercourse tributary to the public water supply of the Village of Florida.

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

(1) No person shall be allowed to bathe in Glenmere Lake within 1,000 feet of the intake of the public water supply of the Village of Florida, nor shall any animal or poultry be allowed to stand, wallow, wade or swim in Glenmere Lake or any watercourse tributary thereof nor be washed therein. No watering place of any kind shall be maintained in such a way as to pollute with muddy leachings or excremental matter the waters of the lake or any stream tributary to the public water supply of the Village of Florida.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, 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 100 feet of the lake or any watercourse tributary to the public water supply of the Village of Florida, 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 a manner that the drainings, leachings or washings from the same may enter the lake or any tributary 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 the proper purification has been secured unless the above drainings, 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 of the lake or any watercourse tributary to the public water supply of the Village of Florida.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into the lake or tributary watercourse nor to be placed, piled or spread upon the surface of the ground at any point on the watershed tributary to the public water supply of the Village of Florida, nor shall such human excreta or compost or other matter containing human excreta be buried in the soil at a less depth than 12 inches below the surface of the ground nor within a distance of 500 feet of the lake or 250 feet of any watercourse tributary to the public water supply of the Village of Florida, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 100 feet of the lake or any watercourse tributary to the public water supply of the Village of Florida.

(4) No decayed or fermented fruit or vegetables, cider mill wastes, roots, grain or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into the lake or any tributary watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in such place that the drainage, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into the lake or any tributary 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 sufficient purification has been secured unless the above-mentioned drainings, 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 the lake or watercourse tributary to the public water supply of the Village of Florida.

(f) Dead animals, offal, manufacturing waste, etc. No dead animals, 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 the lake or any watercourse tributary to the public water supply of the Village of Florida, nor shall any such material or refuse be so placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach the lake or tributary 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 300 feet from the lake or any watercourse tributary to the public water supply of the Village of Florida.

(g) Fishing, boating, ice cutting. No boating of any kind or fishing from boats or through the ice and no ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of Glenmere Lake, within 300 feet of the water supply intake of the Florida Water Works Company. Strict sanitary supervision shall be maintained by the water company over all ice-cutting operations on Glenmere Lake beyond the above-specified distance in order to prevent pollution of the supply from the workmen or horses engaged in the ice cutting.

(h) Camps. 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 a distance of 500 feet from the lake or any watercourse tributary to the public water supply of the Village of Florida.

(i) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of the lake or any watercourse tributary to the public water supply of the Village of Florida.

(j) Inspections. The Florida Water Works Company or such other board as may be charged with the maintenance or supervision of the public water supply of the Village of Florida or its duly appointed representative shall make regular and thorough inspections of Glenmere Lake and all 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 company to cause copies of any rules and regulations violated to be served upon the persons 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 water company to promptly notify the State Commissioner of Health of such violations. The water company 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 (the 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 § 133.6