[HISTORY: Adopted as indicated in article histories. Amendments noted where applicable.]
[Enacted 12-29-1961 by the New York State Commissioner of Health under Ch. 45 of the Consolidated Laws]
The following rules and regulations enacted under the authority of Article 11 of the Public Health Law and the whole thereof, as amended, shall apply to Conesus Lake and its tributaries which now serve or which may be developed in the future to serve as sources of the public water supply of the Village of Avon and Geneseo and the Lakeville Water District of the Town of Livonia, and to all watercourse tributaries thereto or ultimately discharging into the reservoirs.
As used in these regulations, the following terms shall have the meanings indicated:
- CONESUS LAKE
- The body of water serving as a source of the water supply of the Villages of Avon and Geneseo and Lakeville Water District of the Town of Livonia.
- HUMAN EXCRETA
- Feces, urine and other excretions, commonly disposed of by the so-called dry system as typified by the ordinary privy, and shall include also sludge and scum from septic tanks and cesspools connected to disposal systems receiving the aforementioned feces, urine and other excretions.
- Conesus Lake.
- LINEAR DISTANCE
- The shortest horizontal distance. The "linear distance" between a structure or object and a reservoir, watercourse or Conesus Lake shall be measured from the nearest point of the structure or object to the highwater mark of the reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of the watercourse or of Conesus Lake.
- Waste liquids containing human excreta, decomposing matter or bath, kitchen or laundry wastewater.
- Every spring, pond (or other than reservoirs), stream, marsh or channel of any kind, the waters of which flow or may flow into Conesus Lake or into this water supply.
- WATER SUPPLY
- The public water supply of the Village of Avon and Geneseo and the Lakeville Water District of the Town of Livonia.
No human excreta shall be deposited, thrown or placed or allowed to escape into Conesus Lake or any watercourse.
No human excreta shall be placed or spread upon the surface of the ground at any point on the watershed of the water supply.
No human excreta or sewage shall be buried in the soil on the watershed of the water supply, unless deposited in trenches or pits at a linear distance of not less than 500 feet from the highwater mark of Conesus Lake or any watercourse and covered with not less than 24 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. The bottom of any trench or pit in which human excreta or sewage is deposited shall be not less than two feet above the high groundwater table at the location of such trench or pit.
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 the linear distance of 500 feet from the high-water mark of Conesus Lake or any watercourse except a properly constructed and operated sewage disposal plant as hereinafter set forth in § A136-10; provided, however, that the property on which the privy or receptacle is built or is to be built or is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of such property.
Every privy or receptacle of any kind for the storage or deposit of human excreta built or to be built on property which is so located, bounded or otherwise placed that the linear distances named in Subsection A cannot be obtained shall be placed as far as possible from any reservoir or watercourse and especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight containers are provided, they shall be located as far as practicable from any reservoir or watercourse. All privies or receptacles referred to in this regulation shall be constructed or installed only with the approval and under the supervision of the Boards of Trustees of the Villages of Avon and Geneseo and the Town Board of the Town of Livonia and in such manner as effectually to prevent any pollution of the public water supply.
Every privy or receptacle for the storage or deposit of human excreta or sewage located less than a linear distance of 500 feet from Conesus Lake or any 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 to within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in § A136-5.
Whenever, in the opinion of the State Commissioner of Health, excremental matter from the 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 privy, receptacle, trench or place of disposal shall be removed, after reasonable notice to the owner thereof, to such places as shall be considered safe and proper by the State Commissioner of Health.
No sewage shall be discharged or allowed to flow into the lake or any watercourse or any reservoir, nor deposited on or beneath the surface of the ground within a linear distance of 500 feet of the high-water mark of Conesus Lake or any watercourse except into watertight receptacles, the contents of which shall be disposed of as provided for by § A136-5. If such watertight receptacles are used, they shall not be located within a linear distance of 35 feet of the high-water mark; provided, however, that the property on which the receptacle is built or to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of the property. In such case, the watertight receptacle shall be constructed and maintained as provided for in § A136-6B. These restrictions and limiting distances shall not apply to sewage treatment plants constructed and operated in accordance with the plans which first have been submitted to and approved by the State Commissioner of Health and in accordance with such terms and conditions as may be specified by the Commissioner.
No bath water, sink or laundry wastes or polluted liquid of any kind, except the effluent from a properly constructed and operated sewage treatment plant approved by the State Commissioner of Health as hereinbefore provided by § A136-9, shall be discharged or allowed to flow into the lake or any watercourse, nor be deposited on or beneath the surface of the ground within a linear distance of 500 feet of the high-water mark of the lake or any watercourse.
No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or fish or parts thereof or any other matter that pollutes water shall be deposited in the lake or any watercourse nor on or beneath the surface of the ground within a linear distance of 500 feet of the high-water mark of the lake or any watercourse nor in such manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into the lake or any reservoir or watercourse.
No person or persons shall bathe or swim or be allowed to bathe or swim in Conesus Lake within a linear distance of 500 feet of the public water supply intakes of the Villages of Avon or Geneseo or the Lakeville Water District.
No hut, tent, shelter or building of any kind shall be permitted on the ice of Conesus Lake.
No animal of any kind shall be washed or watered in the lake or any watercourse and no watering place shall be maintained in such a way as to pollute the lake or any watercourse with excremental matter.
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 or maintained in such a manner that the drainage, leachings or washings therefrom may pollute the lake.
No manure pile shall be maintained or allowed to remain within a linear distance of 500 feet of the high-water mark of Conesus Lake or 100 feet from any watercourse.
No camp, tent, building or other structure for the occupancy of transients for the housing of laborers engaged in construction work or for other use, except as a private camp or dwelling maintained by a person for his use or for the use of his family and friends, shall be located, placed or maintained within a linear distance of 500 feet of the high-water mark of Conesus Lake or any watercourse.
No interment of a human body shall be made within a linear distance of 500 feet of the high-water mark of Conesus Lake or any watercourse.
Any boat equipped with toilets or receptacles for human excreta or sinks of any kind shall not be permitted upon the waters of Conesus Lake.
In addition to observing the foregoing requirements, all persons living on or visiting the watershed of Conesus Lake shall refrain from any act, whether or not specified in these rules and regulations, which may result in contamination of the water supply or any portion thereof.
The Boards of Trustees of the Villages of Avon and Geneseo and the Town Board of the Town of Livonia, or such other person or persons as may be charged with the operation, maintenance or supervision of the water supply or the duly appointed representative or representatives of the Boards of Trustees of the Villages of Avon and Geneseo and the Town Board of the Town of Livonia, or of such other person or persons as may be charged with the operation, maintenance or supervision of the water supply, shall make regular and thorough inspections of the lake, watercourses and watersheds tributary thereto for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of the Boards of Trustees and Town Board 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 rules and regulations, it shall be the further duty of the Boards of Trustees and Town Board to promptly notify the State Commissioner of Health of such violations. The Boards of Trustees and Town Board 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.
In accordance with § 1103 of Chapter 45 of the Consolidated Laws of New York State (Public Health Law), being Chapter 879 of the Laws of 1953, as amended, the penalties for violations of any of the foregoing rules or regulations are specified as follows:
Any person violating a rule or regulation relating to a temporary source or act of contamination shall be liable to prosecution for a misdemeanor for every such violation and, on conviction thereof, shall be punished by a fine not exceeding $200 or imprisonment not exceeding one year, or both.
For a violation of or noncompliance with a rule or regulation relating to a permanent source or act of contamination, the State Department of Health may impose penalties not exceeding $200 for every such violation or noncompliance.
The amended rules and regulations for the protection from contamination of the public water supply of the Villages of Avon and Geneseo enacted by the State Commissioner of Health on July 3, 1924, are hereby rescinded and the foregoing rules and regulations for the protection from contamination of the public water supply of the Villages of Avon and Geneseo and the Lakeville Water District of the Town of Livonia are hereby duly made, ordained and established on this 29th day of December 1961, pursuant to the Public Health Law of the State of New York, as amended.
All persons desiring to use Village water must apply to the Board of Trustees or its designee stating the uses for which it is wanted. The application shall be part of a contract by the consumer with the Village, the consumer agreeing to use the water according to such rules and regulations as may from time to time be adopted by the Board of Trustees. The Board reserves the right to refuse any application.
No person except those authorized by the Board of Trustees shall be allowed to tap the water mains under any circumstances whatsoever, and no changes in any service pipes shall be made without the consent of the Board or its designee.
All expenses attending the introduction and continuing supply of water from the water main to and including the curb stop (municipal water shutoff), up to a maximum diameter of one inch, shall be the responsibility of the Village. Larger diameter services shall be the responsibility of the consumer. Pipes, valves and other fixtures, except the water meter,* beyond the curb stop are the responsibility of the consumer. Any leaks beyond the curb stop must be promptly repaired by the consumer. The consumer's failure to repair a leak within 14 days after discovery of the leak will be cause for terminating the water supply from the water main to the premises concerned at the expense of the consumer. Water services will be resumed only after repair of all leaks and payment of all expenses attending the shutoff and resumption of water services, including reasonable attorney fees and any other expenses involved in any court proceedings that may occur in the process. (*Note: This does not include purchase of a water meter for new construction.)
[Amended 10-6-1997 by L.L. No. 4-1997; 2-1-1999 by L.L. No. 1-1999; 5-7-2001 by L.L. No. 2-2001]
The Board or its designee will determine the size of the tap to be inserted.
All connections must be at right angles with the main; and all service pipes shall be placed at a depth of at least 4 1/2 feet during their entire length.
All curb cocks must have a round waterway and be of such pattern as may be adopted by the Board, and no others will be allowed.
Hydrants, taps, hose, water closets, urinals, baths or other fixtures will not be permitted to be kept running when not in actual use; and all water closets and urinals must be provided with self-closing valves; and in no case shall any bib or faucet be allowed to be placed over any closet or urinal.
The Board shall have the right to inspect all service pipes and see that they are properly protected against frost.
No consumer will be allowed to supply water to others for any purpose except by special permit; and if found doing so, this supply will be stopped.
The officers of the Village and their agents and assistants may enter the premises of any consumer at any reasonable time to examine the pipes and fixtures, the quantity of water used and the manner of its use; and in case of fraudulent representation on the part of any consumer or unnecessary waste of water, the water supply will be stopped.
The Board reserves the right to shut off the water from any street or premises at any time they may deem it necessary.
Any person wishing to discontinue the use of water or to settle an account due to sale of the property must give notice to the Village.
The Board reserves the right to attach meters to any service pipes at any time and charge for the quantity of water used. Those water rates will be established by the Board of Trustees from time to time.
All water rates will be payable quarterly. Penalties for late payment of water charges shall be established from time to time by the Board of Trustees. The Superintendent of Public Works or his designee may shut off the water supply in cases where bills are not paid in a timely fashion. An extra charge will be made in all cases for turning it on again. All outstanding water and sewer charges on May 31 shall be added to the property tax rolls.
No person shall hitch any animal to any hydrant; nor shall be open or interfere with the hydrants or valves or other waterworks fixtures of this Village without proper authority. Violations of this rule will subject the offender to a penalty as set by the Board.
All persons using water without authorization will be charged double rates for the time the water is so used.
These rules and tariff regulations are subject to change at any time by the Village Board of Trustees.
Service outside the Village shall be based upon the following conditions:
The application must be signed by the legal owners of the real estate.
The applications must be for permanent residences, building or structures and not for trailers or other temporary services.
The Village of Geneseo reserves the right to discontinue service so furnished at any time, permanently or temporarily, when the Village water supply is affected as to quality or quantity.
It shall be clearly understood by applicants that the Village of Geneseo makes no warranty, express or implied, as to the quality or quantity of water furnished.
The water rates will be established by the Board of Trustees from time to time.
[Added 1-7-1991 by L.L. No. 1-1991]
Backflow prevention device. The Village of Geneseo may at any reasonable time inspect any building in order to determine if a hazard exists due to an actual or potential cross-connection between the water system and any potential source of contamination. In any case where the Superintendent of Public Works deems such a hazard to exist he may require the property owner to install a backflow preventer. Such backflow preventer shall be designed and installed in accordance with regulations of the New York State Department of Health and must be approved by the Superintendent of Public Works prior to installation. All costs of installation and maintenance shall be borne by the property owner.
Cross-connection hazard. The following types of facilities are deemed to be especially likely to have cross-connection hazards:
Auxiliary water systems, such as wells.
Beverage bottling plants.
Chemical laboratories and plating facilities.
Hospitals, medical buildings, sanitariums, morgues and mortuaries.
laundries and dye works.
Meat packing plants.
Metal manufacturing, cleaning and fabricating plants.
Radioactive material research facilities.
Restricted, classified or other facilities closed to inspection.
Sewage and storm drain facilities.
Water shutoff. If a required backflow preventer is not installed within the period of time set by the Superintendent of Public Works, the supply of water to the premises may be shut off by the Village of Geneseo until the installation is completed. The property owner shall cause all backflow prevention devices to be inspected annually by a certified backflow prevention device tester, in accordance with the State of New York Department of Health regulations, Part 5 of the State Sanitary Code. The property owner shall submit annual inspection reports to the Superintendent of Public Works.
Editor's Note: This local law also provided that it shall take effect on 9-1-1991.