Section 11-0503. Polluting streams prohibited  


Latest version.
  • 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.