New York Codes Rules and Regulations

Title: Section 105.4 - Village of Westfield

105.4 Village of Westfield.

(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 natural and artificial reservoirs on Chautauqua Creek and its tributaries which serve as sources of the public water supply of the village of Westfield, Chautauqua County, N. Y. and to all watercourses tributary thereto or ultimately discharging into said reservoirs.

(b) Definition of terms. Wherever used in this section:

(1) The term water supply means the public water supply of the village of Westfield.

(2) The term reservoir means any natural or artificially impounded body of water serving as a source of the water supply of the village of Westfield and to any additional reservoir which may be constructed or used for said water supply.

(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 the water supply of the village of Westfield.

(4) 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.

(c) Human excreta. (1) No human excreta shall be deposited, thrown, placed or allowed to escape into any reservoir or 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 watercourse and covered with not less than 18 inches of soil in such a manner as to effectually 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 75 feet of any reservoir or watercourse.

(5) Every privy or receptacle for the storage or deposit of human excreta, located between the distances of 200 feet and 75 feet from any reservoir or 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.

(6) 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 over the surface of the ground or through the soil in an imperfectly purified condition into any reservoir or 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 any reservoir or watercourse nor deposited on or beneath the surface of the ground within 300 feet of any reservoir or watercourse, except into watertight receptacles, the contents of which shall be disposed of as provided by paragraph (3) of subdivision (c). If such watertight receptacles are used, they shall be located not less than 200 feet from any reservoir or watercourse. 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 and garbage. (1) No bath water, sink or laundry wastes or polluted liquid of any kind shall be discharged or allowed to flow into any reservoir or watercourse nor be deposited on or beneath the surface of the ground within 200 feet of any reservoir or watercourse.

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

(f) Bathing, boating and fishing. (1) No person shall bathe or swim or be allowed to bathe or swim in any reservoir or watercourse.

(2) No boating of any kind or fishing from boats or through the ice or any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir. (g) Places for animals. (1) No animal or poultry shall be allowed to stand, wade, wallow or swim nor be washed or watered in any reservoir and no watering place shall be maintained in such a way as to pollute any watercourse with excremental matter.

(2) No stable for cattle or horses, barnyard, hog yard, 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 directly pollute any reservoir or watercourse.

(h) Manure. No manure pile shall be maintained or allowed to remain within 100 feet of any reservoir or watercourse nor in such a manner as to pollute said reservoir or watercourse.

(i) Camps. No camp, tent, building or other structures for occupancy by transients or for the housing of laborers engaged in construction work or for any other 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 500 feet of any reservoir or watercourse tributary to the water supply.

(j) Cemeteries. No interment of a human body shall be made within a distance of 200 feet of any reservoir or watercourse tributary to the water supply.

(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 board of water commissioners of the village of Westfield or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representatives of the village shall make regular and thorough inspections of the reservoirs, watercourses 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 water commissioners to cause copies of any rules and regulations violated to be served upon the 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 board of water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners 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.