New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter B - Miscellaneous › Part 158 - Interstate Waters › Section 158.2 - Hackensack and Pascack Rivers

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1893, ch. 661; L. 1899, ch. 251
(a)
[Application.]
The following rules and regulations apply to all those
					 portions of the Hackensack and Pascack rivers which are situated within the
					 State of New York lying above the intake of the Hackensack Water Company, as
					 well as to every spring, stream, ditch, gutter, drain or watercourse of any
					 kind, the waters of which when running flow eventually into the Hackensack or
					 Pascack rivers within the said State above such intake.
(b)
Privies adjacent to ponds, lakes,
				  reservoirs or watercourses.
(1) No
				  privy, privy vault, pit or cesspool or any other receptacle of any kind used
				  for the deposit, reception or storage of human excreta shall be constructed,
				  located, placed or maintained with its nearest point within 50 feet, horizontal
				  measurement, of the high-water mark of any lake, pond or reservoir or of the
				  edge, margin or precipitous bank of any spring, stream, ditch, gutter, drain or
				  other watercourse of any kind the waters of which comprise or when running flow
				  eventually into the Hackensack or Pascack rivers within the said
				  State.
(2) Every privy, privy
				  vault, pit or cesspool or other receptacle or place used for the deposit,
				  reception or storage of human excreta which is constructed, located or
				  maintained within 250 feet, horizontal measurement, of the high-water mark of
				  any lake, pond or reservoir or of the edge, margin or precipitous bank of any
				  spring, stream, ditch, gutter, drain or watercourse of any kind whose waters
				  comprise or when running flow into the Hackensack or Pascack rivers within the
				  said State and 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.
(3) The excreta collected in the aforesaid
				  removable receptacles shall be removed and the receptacles cleansed and
				  deodorized as often as may be found necessary in order to maintain the privy in
				  proper sanitary condition and to effectually and strictly prevent any overflow
				  upon the soil or upon the foundations or floor of the privy. In effecting this
				  removal none of the contents shall be allowed to escape while being transferred
				  from the privy to the place of disposal hereinafter specified so that the least
				  possible annoyance and inconveniences be caused to occupants of the premises or
				  of adjacent premises.
(4) Unless
				  otherwise specifically ordered or permitted by the State Department of Health,
				  the excreta collected in the aforesaid receptacles shall, when removed, be
				  disposed of by burying in trenches or by thoroughly digging 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
				  250 feet, horizontal measurement, from the high-water mark of any lake, pond or
				  reservoir or from the edge, margin or precipitous bank of any spring, stream,
				  ditch, gutter, drain or watercourse of any kind the waters of which comprise or
				  when running flow into the Hackensack or Pascack rivers within the said
				  State.
(5) Whenever it shall be
				  found that, owing to the character of the soil or to the surface of the ground
				  or owing to the height or flow of subsoil or surface water or through 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
				  Department of Health, be washed over the surface of the ground or through the
				  soil into any lake, pond or reservoir, spring, stream, ditch or gutter, drain
				  or other watercourse the waters of which comprise or when running flow into the
				  aforesaid Hackensack or Pascack rivers within the said State, then the said
				  privy or receptacle for excreta or the said trench or place of disposal 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 Department of
				  Health.