N.Y. Comp. Codes R. & Regs. tit. 10 § 136.6

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

Section 136.6 - Village of unadilla

(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 existing springs and such springs as may be developed in the future on the property of the Village of Unadilla, Otsego County, New York, such springs being the sources of public water supply of said village.

(b) Definitions.

(1) The term water supply means the public water supply of the Village of Unadilla, Otsego County, New York.

(2) The term springs means the springs now used as sources of this public water supply or any springs developed in the future as additional sources of this public water supply, which are located on said property now owned by said village.

(3) The linear distance of a structure or object from a spring is the shortest horizontal distance from the nearest point of the structure or object to the spring.

(c) Human excreta.

(1) No privy cesspool septic tank subsurface leaching tile or receptacle of any kind for the storage deposit or disposal of human excreta or sewage shall be constructed placed maintained or allowed to remain within 200 feet of any spring.

(2) No human excreta or sewage shall be so stored, disposed of or discharged onto the surface of the ground so that the material will drain or be washed by rain or melting snow to points within 200 feet of any spring.

(3) 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 through the soil in an imperfectly purified condition into any spring, 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, sink wastes. No cesspool, pit or receptacle of any kind for the storage, deposit or disposal of bath water, sink or laundry wastes garbage refuse, manure or putrescible matter shall be constructed, placed, maintained or allowed to remain within 200 feet of any spring.

(e) Animals. 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 within 200 feet of any spring.

(f) Manure. No manure or manure pile shall be maintained or allowed to remain within 200 feet of any spring.

(g) Trespassing. No trespassing shall be allowed upon the property of the Village of Unadilla upon which the springs of the public water supply are located, and no person shall enter in or upon such property except such person or persons as may be charged with the maintenance of the supply in the official performance of their duties, or such other persons as may be authorized to enter said property by the said village.

(h) 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 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 200 feet of any spring.

(i) Cemeteries. No interment of a human body shall be made within a distance of 200 feet of any spring.

(j) General clause. In addition to observing the foregoing requirements, all persons shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply of the Village of Unadilla.

(k) Inspections. The Village of Unadilla, its officers or their duly appointed representatives, shall make regular and thorough inspections of the area surrounding the springs for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of the aforesaid village to cause copies of any rules and regulations violated to be served upon the person violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the Village of Unadilla to promptly notify the State Commissioner of Health of such violations. The Village of Unadilla shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular inspections which have been made, the number of violations found, the number of notices served, the general surroundings of the springs at the time of the last inspection.

(l) 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 § 136.6