ENACTMENT AND ENFOKCEMENT OF RULES AND REGULATIONS FOR THE PROTECTION OF PUBLIC WATER SUPPLIES One of the important duties of the Engineering Division is the preparation of rules and regulations for the sanitary protection of public water supplies. Upon requests from local officials having supervision of the waterworks, this Department enacts such rules and regulations according to the provisions of the Public Health Law. For the enforcement of such rules and regulations a definite procedure is prescribed by the Public Health Law and the carrying out of this procedure is a duty which rests largely upon the waterworks officials acting in conjunction with this Department and with the local boards of health. Of the public water supplies of the state some 85 are now protected by rules and regulations. These rules and regulations are prepared in each case after careful inspection of the water supply and after local conditions and requirements have been fully considered. During the year 1917, there were before the Department for enactment or amendment, rules and regulations for the protection of the water supplies in the cases of the following municipalities: Corinth, Cornwall, Gilbertsville, Hilton, Ithaca, (Cornell University), Monroe, New York City, Olean, Tarrytown and Wellsville. Of the above list rules and regulations were enacted for Corinth, Cornwall, Ithaca, (Cornell Universtiy), New York City, Tarrytown, (amendment), and Wellsville. In the cases of the other municipalities, rules and regulations have been fully prepared but this Department is awaiting other advices from the local authorities before final enactment. Abstract of the New York State Public Health Law providing for the protection from contamination of the public water supplies throughout the State of New York. Chapter 45 of the Consolidated Laws (Public Health Law) as finally amended by chapter 665 of the Laws of 1915. Section 70. Rules and regulations of department. The state department 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, and the commissioner of water supply, gas and electricity of the city of New York and the board of water supply of the city of New York may make such rules and regulations subject to the approval of the state department of health for the protection from contamination of any or all public supplies of potable waters and their sources within the state where the same constitute a part of the source of the public water supply of said city. 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 perm:nent source or act of contamination, said department may impose penalties for the violation thereof or the noncompli ance therewith, not exceeding two hundred dollars for every such violation or noncompliance. 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 proprietor of the newspaper in which such rule or regulation 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. Section 71. Inspection of water. The officer or board having by law the management and control of the potable water supply of any municipality, and in the city of New York, the commissioner of water supply, gas and electricity, and the board of water supply of the city of New York, or the corporation furnishing such supply, may make such inspection of the sources of such water supply as such officer, board or corporation deems advisable and to ascertain whether the rules or regulations of the state department and of the commissioner of water supply, gas and electricity of the city of New York, and of the board of water supply of the city of New York, are complied with, and shall make such regular or special inspections as the state commissioner of health or the commissioner of the department of water supply, gas and electricity of the city of New York, or the board of water supply of the city of New York, may prescribe. If any such inspection discloses a violation of any such rule or regulation relating to a temporary or 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, except in a case concerning the violation of a rule or regulation relating to a temporary or permanent source or act of contamination affecting the potable water supply of the city of New York, shall notify the state department of the violation, which shall immediately examine into such violation; and if such person is found by the state department to have actually violated such rule or regulation, the commissioner of health shall order the local board of health of such municipality wherein the violation or noncompliance occurs, 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, or the state commissioner of health or the local board of health of the municipality wherein the water supply protected by these rules is used, or any person interested in the protection of the purity of the water supply, 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. If the person served does not comply within |