N.Y. Comp. Codes R. & Regs. tit. 10 § 146.1

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

Section 146.1 - City of hornell

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the 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 Seeley Creek and Limestone Creek and to all watercourses entering or discharging into said streams above the point where water is or shall be diverted for purposes of the public water supply of the city of Hornell.

(b) Definitions.

(1) The term reservoir wherever used in this section is intended to mean and refer to the impounding and distributing reservoirs now built on Seeley Creek and to any additional reservoirs which may be constructed on Seeley Creek or any of its tributaries and to any reservoirs which may be constructed on Limestone Creek.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs), 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 city of Hornell.

(3) Wherever a linear distance of a 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 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 either the temporary storage or the permanent deposit of human excreta shall be constructed, placed, maintained or allowed to remain with its nearest point within 150 feet of any reservoir or watercourse of the water supply of the city of Hornell.

(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 city of Hornell.

(3) Every privy, privy vault, pit, cesspool or other receptacle or place used for the temporary storage of human excreta which is constructed, located, placed, maintained or allowed to remain within the limiting distance prescribed and stated by paragraph (2) of this subdivision from which privy or other receptacle the excreta are not at once removed automatically by means of suitable 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 of 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 them being washed over the surface of the ground by rain or melting snow and at distances not less than 600 feet, horizontal measurement, from the high-water mark of any reservoir or 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 either of subsoil or of 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, in the opinion of the State Commissioner of Health, 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 excremental matter from any water closet, privy or cesspool shall be thrown, placed, led, conducted, discharged or allowed to escape or flow from any pipe, drain or ditch either directly or indirectly into any reservoir or watercourse of the water supply of the city of Hornell, nor shall any such matters be thrown, placed, led, discharged or allowed to escape or flow onto the surface of the ground or into the ground below the surface within 500 feet of any such reservoir or watercourse.

(2) No garbage, putrescible matter, kitchen or sink waste, refuse or waste water from any creamery, cheese factory, laundry 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 directly or indirectly into any reservoir or watercourse of the water supply of the city of Hornell; 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 city of Hornell within 300 feet of any such reservoir or watercourse.

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

(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 city of Hornell, nor shall any animal or poultry be allowed to stand, wade, wallow or swim in said reservoir or watercourse, nor be washed therein.

(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 300 feet from any reservoir or watercourse of the water supply of the city of Hornell; 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 drainage, leachings or washings from the same may enter any such reservoir or watercourse without first having been 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 the distance of not less than 300 feet before entering any such reservoir or watercourse.

(3) No human excrement or compost containing human excrement 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 600 feet from any reservoir or watercourse of the water supply of the city of Hornell; 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 watercourse.

(4) No decayed or fermented fruit or vegetables, cider mill wastes, roots, grain or other vegetable refuse or[FN*] any kind shall be thrown, placed or discharged or allowed escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained 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 city of Hornell without first having been 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 preceptible lines of drainage for a distance of not less than 150 feet before entering any such reservoir or watercourse.

(f) Dead animals, offal, manufacturing waste, 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 city of Hornell; nor 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 200 feet before entering any such reservoir or 100 feet before entering any such watercourse.

(g) Fishing, boating and ice cutting. No fish shall be taken from any reservoir or watercourse nor shall any person fish in any reservoir or watercourse or through the ice upon the same nor trespass upon the waters of any reservoir or watercourse or the ice thereon nor maintain or use any boat or boats thereon except the officials or duly authorized employees of the city of Hornell in the exercise of their duties in the management and operation of the reservoirs; nor shall any ice cutting or other operation incident thereto be allowed on any part of the reservoirs which form or are tributary to the source of public water supply of the city of Hornell except by permission and under rigid inspection and supervision of the board of public works of the city of Hornell.

(h) [Camps.] No temporary camp, tent, building or other structure for housing laborers or for any other purpose shall be located, placed or maintained within 500 feet of any reservoir or watercourse of the water supply of the city of Hornell.

(i) Inspection. The board of public works of the city of Hornell shall make regular and thorough inspection 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 public works 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 the persons served do not immediately comply with the rules and regulations, it shall be the further duty of the board of public works to promptly notify the State Commissioner of Health of such violations. The board of public works 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 sanitary condition of the watershed at the time of the last inspection.

(j) 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.

[FN*] So in original. Apparently should be "of".

N.Y. Comp. Codes R. & Regs. Tit. 10 § 146.1