TARRYTOWN

TARRYTOWN, N. Y., April 19, 1900 BAXTER T. SMELZER, Secretary State Board of Health, Albany, N. Y.:

Dear Sir-I am directed by the board of water commissioners to request the State Board of Health to send one of their sanitary experts to make a personal examination of all parts of the watershed from which our supply is obtained, and to formulate such rules and regulations as may be required for the adequate protection of the supply.

Yours very respectfully

D. S. MERRITT Engineer and superintendent

ALBANY, April 19, 1900

D. S. MERRITT, Engineer and Superintendent Board of Water

commissioners, Tarrytown, N. Y.:

Dear Sir-I am in receipt of your communication of the 19th inst. stating that you have been directed by the board of water commissioners of Tarrytown to request an examination by the representative of this Board of the watershed of the water supply of the village of Tarrytown that he may formulate adequate rules for the sanitary protection of the public water supply.

In reply you are informed that Prof. Olin H. Landreth has been directed to make the desired examination, also to formulate such rules and regulations as he may deem necessary for the protection of the water supply.

In accordance with a verbal understanding had with you, Professor Landreth's bill for services and expenses is to be paid by the municipality of Tarrytown.

Very respectfully

BAXTER T. SMELZER

Secretary

ALBANY, April 20, 1900

Prof. OLIN H. LANDRETH, Consulting engineer, State Board of Health, Schenectady, N. Y.:

Dear Sir I am in receipt of a communication from D. T. Merritt, engineer and superintendent of Tarrytown water-works, of which the following is a copy:

"I am directed by the board of water commissioners to request the State Board of Health to send one of their sanitary experts to make a personal examination of all parts of the watershed from which our supply is obtained, and to formulate such rules and regulations as may be required for the adequate protection of the supply."

You are therefore requested to proceed to Tarrytown for the above service, your bill for services and expenses to be paid by the municipality of Tarrytown in accordance with a verbal understanding had with Mr. Merritt.

Please notify Mr. Merritt when you can visit Tarrytown.

Very respectfully

BAXTER T. SMELZER

Secretary

SCHENECTADY, N. Y., April 24 1900

BAXTER T. SMELZER, Secretary State Board of Health, Albany, N. Y.:

Dear Sir-I beg to acknowledge the receipt of your communication of April 20th directing me to examine the watershed of the Tarrytown water supply and formulate rules and regulations for the protection of the purity of the supply. In answer thereto I beg to say that I will communicate with Mr. Merritt, the engineer and superintendent of the Tarrytown water-works, for the purpose of arranging a date on which to make the examination and will formulate the rules promptly thereafter.

It seems to me proper that rules now formulated should provide for the distinction of the two classes of violations provided

for in the amendment to the Public health law of 1899. I am,

dear sir,

Very truly yours

OLIN H. LANDRETH

Consulting engineer

SCHENECTADY, N. Y., December 6, 1900

BAXTER T. SMELZER, Secretary State Board of Health, Albany, N. Y.:

Dear Sir-On April 20, 1900, I was directed by you to make an examination of the watershed of Tarrytown water supply and to formulate rules and regulations for the protection of the same against contamination, for enactment by the State Board of Health. I made the examination of the watershed and prepared a set of rules for the sanitary protection of the same, thoroughly revised and adapting the old form of rules to this particular watershed, and sent the same to the board of water commissioners of Tarrytown for their approval, previous to their enactment by the State Board of Health.

I have just received a letter from D. S. Merritt, superintendent of the board of water commissioners, as follows:

"BOARD OF WATER COMMISSIONERS

TARRYTOWN, N. Y., December 5, 1900

"OLIN H. LANDRETH, C. E., Schenectady, N. Y.:

"My Dear Professor-Enclosed I return the copy of rules and regulations for the protection of our water supply. The board have carefully gone over the matter and believe them to be fully adequate and comprehensive. We cannot suggest any change. I suppose that after they have been passed upon by the State Board of Health you will give me the proper instructions as to the advertising, or publishing rather, and the necessary legal steps to be taken.

"Yours very truly

"D. S. MERRITT'

I suppose that the above will be a sufficiently formal presentation of the rules from the board of water commissioners to your Board, and I therefore enclose the rules to you for enactment.

The item of $200 in the "penalty" clause was apparently inserted by the board of water commissioners, and I suppose that it represents their preference as to the amount of the penalty. I am, dear sir, very truly yours

OLIN H. LANDRETH

Consulting engineer

Rules and regulations for the protection from contamination of the public water supply of the village of Tarrytown, N. Y., enacted by the New York State Board of Health under chapter 661 of the laws of 1893 and chapter 251 of the laws of 1899

[Abstract from the Public health law providing for the protection from contamination of public water supplies. Chapter 661 of the laws of 1893 as amended by chapter 251 laws of 1899.]

Section 70. The State Board of Health may make rules and regulations for the protection from contamination of any or all public supplies of potable waters and their sources within the state. If any such rule or regulation relates to a temporary source or act of contamination, any person violating such rule or regulation shall be liable to prosecution for misdemeanor for every such violation, and on conviction shall be punished by a fine not exceeding two hundred dollars, or imprisonment not exceeding one year, or both. If any such rule or regulation relates to a permanent source or act of contamination, said board may impose penalties for the violation thereof or the non-compliance therewith, not exceeding two hundred dollars for every such violation or non-compliance. Every such rule or regulation shall be published at least once in each week, for six consecutive weeks, in at least one newspaper of the county where the waters to which it relates are located. The cost of such publication shall be paid by the corporation or municipality benefited by the protection of the water supply to which the rule or regulation published relates. The affidavit of the printer, publisher or proprie tor of the newspaper in which such rule or regulation is pub

lished may be filed, with the rule or regulation published, in the county clerk's office of such county, and such affidavit and rule and regulation shall be conclusive evidence of such publication, and of all the facts therein stated, in all courts and places

§ 71. The officer or board having by law the management and control of the potable water supply of any municipality, or the corporation furnishing such supply, may make such inspection of the sources of such water supply as such officer, board or corporation deems it advisable, and to ascertain whether the rules or regulations of the State Board are complied with. If any such inspection discloses a violation of any such rule or regulation relating to a permanent source or act of contamination, such officer, board or corporation shall cause a copy of the rule or regulation violated to be served upon the person violating the same, with a notice of such violation. If the person served does not immediately comply with the rule or regulation violated, such officer, board or corporation shall notify the State Board of the violation, which shall immediately examine into such violation; and if such person is found by the State Board to have actually violated such rule or regulation, the secretary of the State Board shall order the local board of health of such municipality to con vene and enforce obedience to such rule or regulation. If the local board fails to enforce such order within ten days after its receipt, the corporation furnishing such water supply or the municipality deriving its water supply from the waters to which such rule or regulation relates, may maintain an action in a court of record, which shall be tried in the county where the cause of action arose against such person, for the recovery of the penalties incurred by such violation, and for an injunction restraining him from the continued violation of such rule or regulation.

§ 72. Sewerage. When the State Board of Health shall, for the protection of a water supply from contamination, make orders or regulations the execution of which will make necessary or require the construction and maintenance of any system of sewerage, or a change thereof, in or for any village or hamlet, whether incorporated or unincorporated, or the execution of which will