first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the above drainage, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form, and not concentrated in perceptible lines of drainage, for a distance of not less than one hundred and fifty (150) feet before entering any reservoir nor less than seventy-five (75) feet before entering any watercourse of the Tarrytown water supply.

(12) No human excrement or compost containing human excrement shall be placed, piled or spread upon the ground, or dug or buried in the soil, within a distance of three hundred (300) feet from the high-water line of any reservoir, nor within a distance of two hundred (200) feet from the edge, margin or precipitous bank of any watercourse of the Tarrytown water supply, and no manure or compost of any kind shall be placed, piled or spread upon the ground within one hundred fifty (150) feet of the highwater line of any reservoir nor within seventy-five (75) feet of the edge, margin or precipitous bank of any watercourse of the Tarrytown water supply.

(13) No decayed or fermented fruit or vegetables, cider mill waste, roots, grain, or other vegetable refuse of any kind shall be located, placed, maintained or allowed to remain in such places that the drainage, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse of the Tarrytown water supply without first having passed over or through such an extent of soil as to have become properly purified, and in no case shall it be deemed that sufficient purification has been secured unless the abovementioned drainage, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form, and not concentrated in perceptible lines of drainage, for a distance of not less than one hundred (100) feet before entering any reservoir, or a distance not less than fifty (50) feet before entering any watercourse of the Tarrytown water supply.

DEAD ANIMALS, OFFAL, MANUFACTURING WASTE, ETC.

(14) No dead animal, bird, fish, or any part thereof, nor any offal nor refuse from any slaughter-house, nor any decomposable or putrescible refuse or waste matter of any kind shall be thrown, placed in, or allowed to pass into any reservoir or watercourse of the Tarrytown water supply, nor shall any such material or refuse be so located, placed, maintained, or allowed to remain that the drainage, leachings or washings therefrom may reach any reservoir or water course of the Tarrytown water supply without first having percolated over or through the soil in a scattered, dissipated form, and not concentrated in perceptible lines of drainage, for a distance of not less than one hundred and fifty (150) feet before entering any reservoir, and not less than one hundred (100) feet before entering any watercourse of the Tarrytown water supply.

PENALTY

(15) In accordance with section seventy of chapter six hundred sixty-one (661) of the laws of 1893, as amended by chapter two hundred fifty-one (251) of the laws of 1899, the penalty for each and every violation of, or non-compliance with, any of the above rules and regulations which relate to a permanent source or act of contamination is hereby fixed at two hundred dollars ($200).

At a meeting of the New York State Board of Health, held at Fifth Avenue hotel, New York city, on the 21st day of December, 1900, the above rules and regulations for the protection from contamination of the public water supply of the village of Tarrytown, N. Y., were duly made, ordained and established, pursuant to chapter six hundred sixty-one (661) of the laws of the state of New York for 1893, and chapter two hundred fifty-one (251) of the laws of the state of New York for 1899.

DANIEL LEWIS

President

NYACK

NYACK, N. Y., March 29, 1900

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

Dear Sir I am directed by the board of water commissioners, village of Nyack, N. Y., to request that in pursuance of section 70, chapter 661, laws of 1893, you formulate rules and regulations for the protection from contamination of our water supply.

Respectfully

GAVIN N. HOUSTON

Engineer and superintendent

Rules and regulations for the protection from contamination of the public water supply of the village of Nyack, N. Y., enacted by the 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 six hundred sixty-one of the laws of 1893, as amended by chapter two hundred fifty-one of the 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 noncompliance therewith, not exceeding two hundred dollars for every such violation or non-compliance. Every such rule or reg

ulation 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 bene fited by the protection of the water supply to which the rule or regulation published relates. The affidavit of the printer, pub lisher or proprietor of the newspaper in which such rule or regu lation is published 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 convene 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 require or make neces sary 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 require the providing of some public means of removal or purification of sewage, the municipality or corporation owning the water-works benefited thereby shall, at its own expense, construct and maintain such system of sewerage, or change thereof, and provide such means of removal and purification of sewage and such works or means of sewage disposal as shall be approved by the State Board of Health. When the execution of any such regulations of the State Board of Health will occasion or require the removal of any building or buildings, the municipality or corporation owning the water-works benefited thereby shall, at its own expense, remove such buildings and pay to the owner thereof all damages occasioned by such removal. When the execution of any such regulation will injuriously affect any manufacturing or industrial enterprise which is not a public nuisance, such municipality or corporation shall pay all damages occasioned by the enforcement thereof. Until such construction or change of such system or systems of sewerage, and the providing of such means of removal or purification of sewage, and such works or means of sewage disposal and the removal of any building, are so made by the municipality or corporation owning the water works to be benefited thereby at its own expense, there shall be no action or proceeding taken by such municipality or corporation against any person or corporation for the violation of any regu lation of the State Board of Health under this article, and no person or corporation shall be considered to have violated or refused to obey any such rule or regulation. The owner of any building the removal of which is occasioned or required, or which has been removed by any rule or regulation of the State Board of