§ 11-0503 — Polluting streams prohibited

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