Part 150 - Tompkins County

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CITIES

Section 150.1 - City of Ithaca

CITIES

Section 150.1 City of Ithaca

(a) Application. The following rules and regulations enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as finally amended by chapter 391 of the Laws of 1933, shall apply to all natural and artificial reservoirs on Six Mile Creek and its tributaries which serve as sources of the public water supply of the city of Ithaca, Tompkins County, and to all watercourses tributary thereto or ultimately discharging into said reservoirs.

(b) Definition of terms. Wherever used in this section:

(1) The term water supply means the public water supply of the city of Ithaca.

(2) The term reservoir means the 30 foot dam reservoir and the 60 foot dam reservoir, said bodies of water serving as sources of water supply of the city of Ithaca and shall include any additional reservoir which may be constructed or used for said water supply.

(3) The term watercourse means every spring, pond (other than reservoirs), stream, marsh or channel of any kind, the waters of which flow or may flow into this water supply.

(4) The linear distance of a structure or object from a reservoir or watercourse is the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(5) The term human excreta means feces, urine and other excretions commonly disposed of by the so-called dry systems as typified by the ordinary privy.

(6) The term sewage means waste liquids containing human excreta and decomposing matter flowing in or from a house drainage system or sewer.

(7) For the purpose of graduating the severity of the subdivisions in their application to different parts of the drainage area so as to conform to the varying degrees of danger to the water supply, the drainage area is divided into the following zones:

(i) Zone I shall include all reservoirs of the public water supply of the city of Ithaca on Six Mile Creek and the drainage area tributary to said reservoirs and the streams entering them between the crest of the 30 foot dam and the intersection of Six Mile Creek with the western boundary of the town of Caroline west of the hamlet of Brooktondale.

(ii) Zone II shall include that portion of the drainage area tributary to the Six Mile Creek not included in zone I as above defined.

(c) Human excreta. (1) No human excreta shall be deposited, thrown or placed or allowed to escape into any reservoir or watercourse.

(2) No human excreta shall be placed or spread upon the surface of the ground at any point on the watershed of the water supply.

(3) No human excreta shall be buried in the soil on the watershed of the water supply unless deposited in trenches or pits at a distance of not less than 300 feet from any reservoir or at a distance of not less than 150 feet from any watercourse in zone I or 100 feet from any watercourse in zone II and covered with not less than 18 inches of soil in such a manner as to effectually prevent its being washed ever the surface of the ground by rain or melting snow.

(4) No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 100 feet of any reservoir or within 50 feet of any watercourse in zone I or within 25 feet of any watercourse in zone II, except a properly constructed and operated sewage disposal plant, as hereinafter set forth in subdivision (d), provided, however, that the property on which the privy or receptacle is built or is to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of such property.

(5) Every privy or receptacle of any kind for the storage or deposit of human excreta, built or to be built on property which is so located, bounded or otherwise placed that the distances named in paragraph (4) of this subdivision cannot be obtained, shall be placed as far as possible from any reservoir or watercourse and especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight containers are provided, they shall be located as far as practicable from any reservoir or watercourse. All privies or receptacles referred to in this paragraph shall be constructed or installed only with the approval and under the supervision of the department of public works of the city of Ithaca and in such manner as effectually to prevent any pollution of the public water supply.

(6) Every privy or receptacle for the storage or deposit of human excreta located within the distances of 100 feet and 200 feet of any reservoir, between 50 feet and 100 feet of any watercourse in zone I or between 25 feet and 50 feet of any watercourse in zone II shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container, which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in paragraph (3) of this subdivision.

(7) Whenever, in the opinion of the State Commissioner of Health, excremental matter from the aforesaid privy, receptacle, trench or place of disposal may be washed over the surface of the ground or through the soil in an imperfectly purified condition into any reservoir or watercourse, the said privy, receptacle, trench or place of disposal shall be removed, after due notice to the owner thereof, to such places as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage. No sewage shall be discharged or allowed to flow into any reservoir or watercourse nor deposited on or beneath the surface of the ground within 150 feet of any reservoir or within 100 feet of any watercourse in zone I or within 50 feet of any watercourse in zone II, except into watertight receptacles, contents of which shall be disposed of as provided for by paragraph (3) of subdivision (c). If such watertight receptacles are used, they shall not be located within 75 feet of any reservoir, within 50 feet of any watercourse in zone I or within 25 feet of any watercourse in zone II, provided, however, that the property on which the receptacle is built or to be built is so located, bounded or otherwise placed that the distances above named can be obtained within the limits of the property. In such case the watertight receptacle shall be constructed and maintained as provided for in paragraph (5) of subdivision (c). These restrictions and limiting distances shall not apply to sewage treatment plants installed under and in accordance with plans which first have been submitted to and approved by the State Commissioner of Health.

(e) Waste, refuse and garbage. (1) No bath water, sink or laundry wastes or polluted liquid of any kind shall be discharged or allowed to flow into any reservoir or watercourse nor be deposited on or beneath the surface of the ground within 100 feet of any reservoir, 40 feet of any watercourse in zone I or 20 feet of any watercourse in zone II.

(2) No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or parts thereof or any other matter that pollutes water shall be deposited in any reservoir or watercourse nor on or beneath the surface of the ground within 100 feet of any reservoir, 35 feet of any watercourse in zone I nor 20 feet of any watercourse in zone II nor in such manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into any reservoir or watercourse.

(f) Bathing. No person or persons shall bathe or swim or be allowed to bathe or swim in any reservoir or any watercourse in zone I.

(g) Fishing, boating or ice cutting. No boating or fishing of any kind, ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir tributary to the public water supply, except by duly authorized employees of the city of Ithaca in the performance of their duties of supervision and maintenance of the water supply.

(h) Places for animals. (1) No animal or poultry shall be allowed to stand, wade, wallow or swim nor to be washed or watered in any reservoir and no HEALTH 10B watering place shall be maintained in such way as to pollute any watercourse with excremental matter.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals shall be so located or maintained in such a manner that the drainings, leachings or washings therefrom may pollute any reservoir or watercourse.

(3) No manure pile shall be maintained or allowed to remain within 100 feet of any reservoir nor within 50 feet of any watercourse in zone I nor within 25 feet of any watercourse in zone II.

(i) Camps. No camp, tent, building or other structure for the occupancy of transients or for the housing of laborers engaged in construction work or for other use, except as a private camp or dwelling maintained by a person for his own personal use or for use of family and friends, shall be located, placed or maintained within a distance of 300 feet of any reservoir or watercourse.

(j) Cemeteries. No interment of a human body shall be made within a distance of 300 feet of any reservoir or within a distance of 150 feet of any watercourse in zone I or within 50 feet of any watercourse in zone II.

(k) General clause. In addition to observing the foregoing requirements all persons living on or visiting the watershed shall refrain from any act though not heretofore specified which may result in contamination of any portion of the water supply.

(l) Inspections. The department of public works of the city of Ithaca or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representative of the city shall make regular and thorough inspections of the reservoirs, watercourses and watersheds tributary thereto for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of said department of public works to cause copies of any rules and regulations violated to be served upon the persons violating the same, together with notices of such violation. If such persons served do not immediately comply with the rules and regulations it shall be the further duty of said department of public works to promptly notify the State Commissioner of Health of such violations. The department of public works shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection.

(m) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 391 of the Laws of 1933, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.

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INSTITUTIONS

Section 150.2 - Cornell University at Ithaca

INSTITUTIONS

150.2 Cornell University at Ithaca.

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, shall apply to all natural and artificial reservoirs on Fall Creek and to all watercourses and drainage areas tributary thereto or ultimately discharging into said reservoirs, these bodies of water being sources of the public water supply of Cornell University at Ithaca, Tompkins County, New York.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to the impounding reservoir on Fall Creek, which is tributary to or which serves as a source of this public water supply and to any additional reservoir which may be constructed or used for the purpose of this public water supply.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than artificial reservoirs and filter basins), stream, ditch, gutter or channel of any kind, the waters of which, when running whether continuously or occasionally, eventually flow or may flow into the public water supply of Cornell University.

(3) Wherever a linear distance of a structure or object from a reservoir or from a watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit or other receptacle of any kind, placed or used for either the temporary storage or the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 50 feet of any reservoir or 15 feet of any watercourse tributary to the public water supply of Cornell University, except a properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (2) of subdivision (d) provided, however, that the property on which the privy, privy vault, pit or any other receptacle intended for the deposit of human excreta is built or is to be built, is so located, bounded or otherwise placed that the distance above named can be obtained within the limits of such property.

(2) Every privy, privy vault, pit or other receptacle used or intended for either the temporary storage or the permanent deposit of human excreta and built on property which is so located, bounded or otherwise placed that the distance named in paragraph (1) of this subdivision cannot be obtained within the limits of such property shall be placed as far as possible from any reservoir or watercourse and specially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight containers are provided, they shall be located as far as practicable from any reservoir or watercourse. All privies or receptacles referred to in this paragraph shall be constructed or installed only with the approval and under the supervision of the board of trustees of Cornell University and so located that the tops of such receptacles shall be above the highest known water level of the reservoirs or watercourses.

(3) Whenever a privy, privy vault, pit or other receptacle of any kind or any vessel, can or other container, used for either the temporary storage or the permanent disposal of human excreta, is specially constructed and made watertight and located nearer any reservoir or watercourse than the distances named in paragraph (1) of this subdivision, such receptacle shall be emptied at regular intervals and disinfected as often as may be necessary to maintain them in a proper sanitary condition and effectually to prevent any overflow. The work of emptying and disinfecting these receptacles shall be done under the supervision of or in accordance with the directions of the board of trustees of Cornell University and in such manner as to effectually prevent any pollution of the water supply of the university.

(4) No privy, privy vault, pit, cesspool or other receptacle which is not watertight, placed or used for the permanent deposit of human excreta, shall be constructed, located, placed, maintained or allowed to remain within 100 feet of any reservoir or within 50 feet of any watercourse tributary to the public water supply of Cornell University.

(5) Every privy, privy vault, pit or other receptacle of any kind, placed or used for the temporary storage of human excreta, located between the limiting distances prescribed by paragraph (i) of this subdivision and the limiting distances prescribed by paragraph (4) of this subdivision, shall be arranged in such a manner that all excreta shall be received in a suitable watertight receptacle or removable container which shall be emptied as set forth in paragraphs (6) and (7) of this subdivision. (6) Whenever the aforesaid watertight receptacles or removable containers become filled within six inches of the top, said receptacles or containers shall be emptied or removed and the contents disposed of as hereinafter provided in order to maintain the privy or receptacle in proper sanitary condition and effectually prevent any overflow upon the soil or upon the foundation or floor of the privy. In effecting this removal, the utmost care shall be exercised that none of the contents be allowed to escape while being transported from the privy or receptacle to the place of disposal hereinafter specified and that the contents or the removable containers while being transported be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(7) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid watertight receptacles or removable containers permitted under paragraph (5) of this subdivision shall, when removed, be disposed of by burying in trenches or pits and covered with not less than 12 inches of soil in such a manner as effectually to prevent their being washed over the surface of the ground by rain or melting snow and at a distance of not less than 200 feet from any reservoir or 100 feet from any watercourse tributary to the public water supply of Cornell University.

(8) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal may, in the opinion of the State Commissioner of Health, be washed over the surface of the ground or through the soil in an imperfectly purified condition into any reservoir or watercourse, then the said privy or receptacle for excreta or the said trench or place of disposal shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Sewage, sink wastes, garbage, etc. (1) No bath water, laundry wastes, sewage or other excremental matter from any water closet, privy, cesspool or other source, except the effluent from a properly constructed and operated sewage disposal plant, as hereinafter provided by paragraph (2) of this subdivision, shall be thrown, placed, led, conducted, discharged or allowed to escape or flow in any manner either directly or indirectly into any reservoir or watercourse tributary to the public water supply of Cornell University, nor shall any such liquid or solid matters be thrown, placed, led, conducted, discharged or allowed to escape or flow upon the surface of the ground or into the ground beneath the surface (except into watertight receptacles, the contents of which are to be removed as provided by paragraphs (6) and (7) of subdivision (c)) within 100 feet of any reservoir or within 50 feet of any watercourse tributary to the public water supply of Cornell University.

(2) No sewage disposal plant, the effluent from which is to be discharged or allowed to flow directly or indirectly into Fall Creek or any watercourse tributary to the public water supply of Cornell University, shall be constructed, enlarged, altered or put in operation until plans for the same have been approved and a permit issued by the State Commissioner of Health and a copy of the plans, as approved, filed with the board of trustees of Cornell University.

(3) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any garage, dairy or cheese factory nor water in which milk cans, utensils, clothing, bedding, carpets or harness have been washed or rinsed nor any polluted water or liquid of any kind, except the effluent from a properly constructed and operated sewage disposal plant as provided by paragraph (2) of this subdivision, shall be thrown or discharged directly or indirectly into any reservoir or watercourse tributary to the public water supply of Cornell University nor shall any such liquid or solid refuse or waste matter be thrown or discharged upon the surface of the ground or into the ground beneath the surface (except into watertight containers, the contents of which are to be removed as provided by paragraphs (6) and (7) of subdivision (c)) within 25 feet of any reservoir or watercourse tributary to the public water supply of Cornell University.

(4) No clothing, bedding, carpet, harness, vehicle, receptacle, utensil nor anything that pollutes water shall be washed, rinsed or placed in any reservoir tributary to the public water supply of Cornell University. (e) Bathing, animals, manure, compost, etc. (1) No person shall be allowed to bathe nor shall any animal or poultry be allowed to stand, wallow, wade or swim nor be washed or watered in any reservoir of the public water supply of Cornell University. No watering place shall be maintained in such a way as to pollute with muddy leachings or excremental matter any stream tributary to the public water supply of Cornell University.

(2) No stable for cattle or horses, no barnyard, hogyard, pigpen, poultry house or yard, no hitching place or standing place for horses or other animals and no manure pile or compost heap shall be constructed, located, placed, maintained or allowed to remain within 25 feet of any reservoir or watercourse tributary to the public water supply of Cornell University and none of the above named objects or sources of pollution shall be constructed, located, placed, maintained or allowed to remain where or in such a manner that the drainings, leachings or washings from the same may enter any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 25 feet from any reservoir or watercourse tributary to the public water supply of Cornell University.

(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into any reservoir or watercourse nor be placed, piled or spread upon the surface of the ground at any point on the watershed tributary to the public water supply of Cornell University, nor shall such human excreta or compost or other matter containing human excreta be buried in the soil unless covered with not less than 12 inches of soil or within a distance of 100 feet of any reservoir or watercourse tributary to the public water supply of Cornell University; and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 25 feet of any reservoir or watercourse tributary to the public water supply of Cornell University.

(4) No decayed or fermented fruit or vegetables, cider mill wastes, roots, grain or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any reservoir or watercourse, nor shall they be thrown, placed, piled, maintained or allowed to remain in any such place that the drainings, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the aforesaid drainings, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 25 feet from any reservoir or watercourse tributary to the public water supply of Cornell University.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animal, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any reservoir or watercourse, nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of 75 feet from any reservoir or 25 feet from any watercourse tributary to the public water supply of Cornell University.

(g) Camps. No temporary camp, tent, building or other structure for housing laborers engaged in construction work or for other purposes shall be located, placed or maintained within a distance of 200 feet of any reservoir or watercourse tributary to the public water supply of Cornell University.

(h) Cemeteries. No interment of a human body shall be made within a distance of 200 feet of any reservoir tributary to the public water supply of Cornell University.

(i) Inspections. The board of trustees of Cornell University or their duly appointed representatives shall make regular and thorough inspections of reservoirs, watercourses and drainage areas tributary thereto for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of said board of trustees to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations it shall be the fur ther duty of the board of trustees to promptly notify the State Commissioner of Health of such violations. The board of trustees shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection. (j) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 395 of the Laws of 1928, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.
 

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