N.Y. Comp. Codes R. & Regs. tit. 10 § 147.58

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

Section 147.58 - Oakwood park corporation, belle terre

(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 wells and such additional wells as may be developed in the future on the property of the Oakwood Park Corporation in the village of Belle Terre, Suffolk County, New York, such well being the sources of public water supply furnished by said corporation to the village of Belle Terre and surrounding territory in the town of Brookhaven.

(b) [Definitions.]

(1) The term well whenever used in this section means any well now used as a source of this public water supply or any additional well which may be constructed on the property of the Oakwood Park Corporation in the village of Belle Terre for the purpose of this water supply.

(2) Wherever the linear distance of a structure or object from a well 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 well.

(c) Human excreta.

(1) 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 100 feet of any well.

(2) Every privy or receptacle for the storage or deposit of human excreta located between 100 feet and 200 feet from any well 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 and the contents disposed of in accordance with the provisions of paragraph (3) of this subdivision.

(3) The excreta collected in the aforesaid watertight receptacles permitted under paragraph (2) of this subdivision shall, when removed, be disposed of by burying in trenches or pits and covered with not less than 12 inches of soil in such a manner as effectually to prevent its being washed over the surface of the ground by rain or melting snow and at a distance of not less than 500 feet from any well.

(4) 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 well, 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.

(1) No sewage shall be discharged or deposited nor allowed to be discharged or deposited on or beneath the surface of the ground within 200 feet of any well except into watertight receptacles, the contents of which shall be removed as provided by paragraph (3) of subdivision (c). It is provided, however, that no such watertight receptacle shall be located nearer than 150 feet from any well.

(2) No bath water, sink or laundry wastes shall be discharged or deposited or allowed to be discharged or deposited on or beneath the surface of the ground within 150 feet of any well.

(e) Wastes, refuse and garbage. No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or other material or wastes that pollute water shall be deposited or allowed to be deposited on or beneath the surface of the ground within 200 feet of any well nor in such a manner that it can be washed by rain, melting snow or otherwise over or through the ground into any well except in a properly purified condition.

(f) Places for 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 150 feet of any well.

(g) Manure. No manure or manure pile shall be maintained or allowed to remain within 150 feet of any well.

(h) Trespassing. No trespassing shall be allowed upon the property of the Oakwood Park Corporation upon which the wells of the public water supply of the village of Belle Terre and surrounding territory are located, and no person or persons 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 corporation.

(i) Cemeteries. No interment of a human body shall be made within a distance of 500 feet of any well.

(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 Oakwood Park Corporation.

(k) Inspections. The Oakwood Park Corporation, its officers or their duly appointed representative shall make regular and thorough inspections of the area surrounding the wells for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of the aforesaid corporation to cause copies of any such 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 corporation to promptly notify the State Commissioner of Health of such violations. The aforesaid corporation 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 and the general surroundings of the wells 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 § 147.58