State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-5 > 11-0503

§ 11-0503. Polluting streams prohibited.    1.  No  dyestuffs,  coal tar, refuse from a gas house, cheese factory,  creamery, condensary or canning factory, sawdust,  shavings,  tan  bark,  lime,  acid,  oil  or  other deleterious or poisonous substance shall be  thrown or allowed to run into any waters, either private or  public,  in  quantities  injurious  to  fish  life,  protected  wildlife or waterfowl  inhabitating those waters or  injurious  to  the  propagation  of  fish,  protected wildlife or waterfowl therein.    2.  a.  No person shall place sewage or other matter injurious to fish  where it can find its way into water used by any state fish hatchery  or  allow others to do so on or through premises owned or occupied by him.    b.  No person shall erect or maintain any privy, pigsty, inclosure for  poultry, barn or barnyard, or drain from any building,  whence  drainage  or  refuse  may find its way into water used by any state fish hatchery.  Every such privy, pigsty, inclosure, barn, barnyard and drain is  hereby  declared  to  be  a  public  nuisance and may be summarily abated by the  department.    3. Oil, acid, sludge, cinders or ashes from a vessel of any type shall  not be thrown, dumped or allowed by any person to run into the waters of  the Hudson or Mohawk rivers.    4. No earth, soil, refuse or other solid substances,  except  snow  or  ice,  shall  be  disposed of in any stream or tributary thereto which is  inhabited by trout; nor shall any earth, soil,  refuse  or  other  solid  substance,  except  snow  or  ice,  be disposed of on the banks of trout  streams or  tributaries  thereto  in  such  a  manner  that  such  solid  substance  can  enter  the stream at any stage of water level. Dumps and  disposal  areas  for  refuse  along  the  banks  of  trout  streams,  or  tributaries thereto, shall be operated by the owner or lessee of such an  area  in  such  manner that the solid substances deposited thereon shall  not enter the stream at any stage of water level.    5. This section does  not  prohibit  the  control  or  elimination  of  aquatic  vegetation,  insects  and  aquatic  animals,  authorized by the  department in order to effectuate  the  provisions  of  paragraph  a  of  subdivision 2 of section 11-1911 and subdivision 8 of section 11-1913 of  the Fish and Wildlife Law.    6.  Nothing  contained in this section shall prohibit the enactment by  the appropriate governing or legislative body of any county, city,  town  or   village   of  local  laws,  not  inconsistent  with  this  chapter,  prohibiting  the  disposal  of  earth,  soil,  refuse,  or  other  solid  substance, in streams, ponds or lakes within its jurisdiction.

State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-5 > 11-0503

§ 11-0503. Polluting streams prohibited.    1.  No  dyestuffs,  coal tar, refuse from a gas house, cheese factory,  creamery, condensary or canning factory, sawdust,  shavings,  tan  bark,  lime,  acid,  oil  or  other deleterious or poisonous substance shall be  thrown or allowed to run into any waters, either private or  public,  in  quantities  injurious  to  fish  life,  protected  wildlife or waterfowl  inhabitating those waters or  injurious  to  the  propagation  of  fish,  protected wildlife or waterfowl therein.    2.  a.  No person shall place sewage or other matter injurious to fish  where it can find its way into water used by any state fish hatchery  or  allow others to do so on or through premises owned or occupied by him.    b.  No person shall erect or maintain any privy, pigsty, inclosure for  poultry, barn or barnyard, or drain from any building,  whence  drainage  or  refuse  may find its way into water used by any state fish hatchery.  Every such privy, pigsty, inclosure, barn, barnyard and drain is  hereby  declared  to  be  a  public  nuisance and may be summarily abated by the  department.    3. Oil, acid, sludge, cinders or ashes from a vessel of any type shall  not be thrown, dumped or allowed by any person to run into the waters of  the Hudson or Mohawk rivers.    4. No earth, soil, refuse or other solid substances,  except  snow  or  ice,  shall  be  disposed of in any stream or tributary thereto which is  inhabited by trout; nor shall any earth, soil,  refuse  or  other  solid  substance,  except  snow  or  ice,  be disposed of on the banks of trout  streams or  tributaries  thereto  in  such  a  manner  that  such  solid  substance  can  enter  the stream at any stage of water level. Dumps and  disposal  areas  for  refuse  along  the  banks  of  trout  streams,  or  tributaries thereto, shall be operated by the owner or lessee of such an  area  in  such  manner that the solid substances deposited thereon shall  not enter the stream at any stage of water level.    5. This section does  not  prohibit  the  control  or  elimination  of  aquatic  vegetation,  insects  and  aquatic  animals,  authorized by the  department in order to effectuate  the  provisions  of  paragraph  a  of  subdivision 2 of section 11-1911 and subdivision 8 of section 11-1913 of  the Fish and Wildlife Law.    6.  Nothing  contained in this section shall prohibit the enactment by  the appropriate governing or legislative body of any county, city,  town  or   village   of  local  laws,  not  inconsistent  with  this  chapter,  prohibiting  the  disposal  of  earth,  soil,  refuse,  or  other  solid  substance, in streams, ponds or lakes within its jurisdiction.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-5 > 11-0503

§ 11-0503. Polluting streams prohibited.    1.  No  dyestuffs,  coal tar, refuse from a gas house, cheese factory,  creamery, condensary or canning factory, sawdust,  shavings,  tan  bark,  lime,  acid,  oil  or  other deleterious or poisonous substance shall be  thrown or allowed to run into any waters, either private or  public,  in  quantities  injurious  to  fish  life,  protected  wildlife or waterfowl  inhabitating those waters or  injurious  to  the  propagation  of  fish,  protected wildlife or waterfowl therein.    2.  a.  No person shall place sewage or other matter injurious to fish  where it can find its way into water used by any state fish hatchery  or  allow others to do so on or through premises owned or occupied by him.    b.  No person shall erect or maintain any privy, pigsty, inclosure for  poultry, barn or barnyard, or drain from any building,  whence  drainage  or  refuse  may find its way into water used by any state fish hatchery.  Every such privy, pigsty, inclosure, barn, barnyard and drain is  hereby  declared  to  be  a  public  nuisance and may be summarily abated by the  department.    3. Oil, acid, sludge, cinders or ashes from a vessel of any type shall  not be thrown, dumped or allowed by any person to run into the waters of  the Hudson or Mohawk rivers.    4. No earth, soil, refuse or other solid substances,  except  snow  or  ice,  shall  be  disposed of in any stream or tributary thereto which is  inhabited by trout; nor shall any earth, soil,  refuse  or  other  solid  substance,  except  snow  or  ice,  be disposed of on the banks of trout  streams or  tributaries  thereto  in  such  a  manner  that  such  solid  substance  can  enter  the stream at any stage of water level. Dumps and  disposal  areas  for  refuse  along  the  banks  of  trout  streams,  or  tributaries thereto, shall be operated by the owner or lessee of such an  area  in  such  manner that the solid substances deposited thereon shall  not enter the stream at any stage of water level.    5. This section does  not  prohibit  the  control  or  elimination  of  aquatic  vegetation,  insects  and  aquatic  animals,  authorized by the  department in order to effectuate  the  provisions  of  paragraph  a  of  subdivision 2 of section 11-1911 and subdivision 8 of section 11-1913 of  the Fish and Wildlife Law.    6.  Nothing  contained in this section shall prohibit the enactment by  the appropriate governing or legislative body of any county, city,  town  or   village   of  local  laws,  not  inconsistent  with  this  chapter,  prohibiting  the  disposal  of  earth,  soil,  refuse,  or  other  solid  substance, in streams, ponds or lakes within its jurisdiction.