sary for the public good, and is within the jurisdiction of such board of health, such presiding officer shall convene such local board, which shall take the action recommended." It is therefore my opinion that the authority of your Board to direct the convening of the local board of Niagara Falls to take the definite proceedings for the abatement of the nuisances above referred to, is unquestioned, and that it is the duty of the presiding officer to convene such local board "which shall take the action recommended" by the State Board. Yours respectfully, T. E. HANCOCK, VILLAGE OF AVOCA Water supply To the Board of Health of the State of New York: Gentlemen-We have a matter on our hands in connection with the water supply of the village of Avoca, N. Y., which we desire to submit to you for advise; the circumstances are as follows: This village is supplied with water for all purposes by a gravity system, the reservoir being about one and one-half miles from the village. The village owns some land at and about the reservoir and this is surrounded by agricultural lands and pasture lands. A portion of the water used, and which goes into said reservoir comes from springs on lands of the village, and much of it comes from springs located on the surrounding lands belonging to others. In one field, near the reservoir there are several large springs, the water from which runs directly on to the lands of this village and thence into the reservoir; these springs are located on land used by the owner as a pasture lot and from six to twelve or more cattle run at large therein during the season; the springs are in the open ground and the water flows along a gentle slope for about 50 feet to the lands owned by this village; these cattle are in the habit of standing in these springs and in the water as it flows from the springs and as a consequence the water has been and constantly is very badly contaminated and made very filthy and wholly unfit for use by the inhabitants of this village. This water is necessary for the supply and has been used since the water works were put in, over nine years, the natural flow of the water is just where it now flows, and while we realize the necessity for using this water to keep up our necessary supply we also realize the necessity for it being kept clean and pure. We hereto attach a copy of a complaint which has been served on our board of health and also a copy of a notice which has recently been served on the owner of the land on which the said springs are located. He ignores the notice entirely and if he has made any change at all he has put more cattle into the field to run at large therein. I wish you would look this matter over and advise me what should be done about it and what action should be taken and by 'whom. Avoca, N. Y., September 19, 1898. Yours truly, L. E. HORTON, M. D., Health officer Village of Avoca COPY OF COMPLAINT "To the Boards of Health of the Town and Village of Avoca, N. Y.: We, the undersigned residents of the town and village of Avoca having become satisfied that the water is very badly polluted which flows from the springs on lands owned by F. E. Armstrong, in town of Avoca, near the lands of the village of Avoca, on which the reservoir of said village water works is situate; that such water flows into said reservoir and is a portion of the supply used by the inhabitants of the village of Avoca for domestic and drinking purposes, hereby make complaint of the condition so existing, and ask that the said boards of health immediately in vestigate and take such action as may be necessary to insure the cleanliness and purity of said water. "That the pollution of said water arises from the fact that said springs are located on lands used for pasturing cattle and livestock, which have free access to said springs and the water running therefrom and that said cattle and livestock appear to be in the habit of standing in said springs and water much of the time, greatly to the injury of the water in the purposes for which it is used. "All of which we respectfully submit this 8th day of September, 1898." Signed, J. H. Pettit, P. H. Neill. COPY OF NOTICE SERVED ON OWNER "To Frank E. Armstrong, Esq.: Take notice that at a meeting of the board of health of the village of Avoca, held Monday evening, September 12, 1898, and at a meeting of the board of health of the town of Avoca, held Tuesday, September 13, 1898, the following order and resolution were adopted and the respective health officers directed to serve a copy thereof on you at once, to wit: Resolved, That F. E. Armstrong be immediately notified that certain springs and the water therefrom on his lands (known as the James Dyer farm) in the town of Avoca are in a very filthy and unwholesome condition and are very badly polluted by reason of a number of cattle which are pastured in said field having free access to said springs and the water therefrom; said water running directly into the Avoca village water works, which water is used for domestic purposes, and thereby endangering the health of the inhabitants of said village. We have therefore declared said conditions in and about said springs and water on your said premises a nuisance. You are hereby ordered and directed to immediately abate said nuisance and to protect said springs and the water therefrom from any and all pollution by reason of said cattle or other livestock running at large in said pasture. You will also take notice that in case of your failure to at once comply with the foregoing you will subject your self to the penalties imposed by law in such cases." Dated Avoca, N. Y., September 13, 1898. C. Patterson, health officer, town of Avoca; L. E. Horton, health officer, village of Avoca, N. Y. Served on F. E. Armstrong, September 13, 1898. ALBANY, September 20, 1898 L. E. HORTON, M. D., Health Officer, Avoca, N. Y.: Dear Sir-I am in receipt of your communication of the 19th inst., in the matter of the alleged pollution of the water supply of the village of Avoca, and in reply would state that it will be presented for the action of this Board at a meeting to be held at Saratoga on the 26th instant. Very respectfully, BAXTER T. SMELZER, Secretary BAXTER T. SMELZER, M. D.: AVOCA, N. Y., October 30, 1898 Dear Sir-Regarding your favor of September 20th, with reference to our village water works, would like to ask if your Board has taken any action thereon or what, if anything, you propose to do with the matter. Kindly advise me at your early convenience and oblige Yours truly, L. E. HORTON, M. D., Health officer Village of Avoca ALBANY, October 4, 1898 L. E. HORTON, M. D., Health officer, Avoca, N. Y.: Dear Sir-In reply to your communication of October 30th (?) in the matter of providing for the protection from pollution of the water supply of the village of Avoca, it is recommended that the authorities having control of the water supply, secure the services of a sanitary engineer for the purpose of examining the watershed and formulating for approval by this Board, such rules and regulations as he may deem necessary for the protec tion of the water supply from pollution. If desired, this Board will designate one of its consulting engineers to do the necessary work, his services and expenses to be paid by the municipality or corporation controlling the water supply. Very respectfully, T. A. STUART, Assistant secretary AVOCA, N. Y., October 6, 1898 To the Board of Health of the State of New York, Albany, N. Y.: Gentlemen-We have been ordered by the board of health of this village to at once procure a sanitary engineer to examine the watershed of our water works. Will you kindly send us such a man at once and kindly advise us his name, and when he will arrive here that we may be prepared to co-operate with him. This is the result of recent correspondence which you have had with L. E. Horton, M. D., health officer of this village. Yours truly, Board of water commissioners village of Avoca, N. Y. By order of the board. Clerk ALBANY, October 7, 1898 E. W. BOZARD, Clerk Board of Water Commissioners, Avoca, N. Y.: Dear Sir-We are in receipt of your communication of the 6th inst. requesting the services of one of the sanitary engineers of this Board, to examine the watershed of the water supply of the village of Avoca. In reply you are informed that Prof. Olin H. Landreth, one of the consulting engineers of this Board, has been instructed to visit the village of Avoca at the expense of that municipality, for the purpose of making the desired examination. Prof. Landreth has been requested to communicate with you as to the time he can make his examination. Very respectfully, T. A. STEWART, Assistant secretary |