Section 132.1 - City of Canandaigua, Villages of Palmyra and Newark in Wayne County, and Village of Rushville in Ontario and Yates Counties

Section 132.1 City of Canandaigua, Villages of Palmyra and Newark in Wayne County, and Village of Rushville in Ontario and Yates Counties. (a) Application. The following rules and regulations enacted under the authority of article 11 of the Public Health Law, and of the whole thereof, as last amended by chapter 879 of the Laws of 1953, shall apply to Canandaigua Lake and its tributaries which now serve or which may be developed in the future to serve as sources of the public water supply of the City of Canandaigua, Ontario County, the Villages of Palmyra and Newark in Wayne County, and the Village of Rushville in Ontario and Yates Counties, New York, and to all watercourses tributary thereto or ultimately discharging into said Canandaigua Lake.

(b) Definition of terms. (1) The term water supply means the public water supplies of the City of Canandaigua in Ontario County, the Villages of Palmyra and Newark in Wayne County, and the Village of Rushville in Ontario and Yates Counties, New York.

(2) The term lake means Canandaigua Lake.

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

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

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

(6) The term sewage means waste liquids containing human excreta and decomposing matter, waste liquids from bathrooms, kitchens or laundries, or polluted liquids of any kind in or from the drainage system or sewer of a dwelling or any structure occupied for commercial purposes.

(7) The term receptacle means septic tanks, privy pits, cesspools, leaching cesspools, filter beds or other containers used for the storage or processing of excreta, sewage or waste matter.

(8) The minimum capacity for any septic tank to be installed either new or as a replacement on the watershed shall be 500 gallons.

(9) For the purpose of graduating the severity of the subdivisions in application to different parts of the drainage areas, 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 the shores of the lake together with all the drainage areas tributary to the lake except that portion of the drainage area consisting of the West River and its tributaries.

(ii) Zone II comprises the drainage area of the West River and its tributaries.

(c) Human excreta. (1) No human excreta shall be deposited, thrown, placed or allowed to escape into the lake or any 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, either raw or partially decomposed, such as may be dipped, pumped or shoveled from a privy, septic tank, cesspool or other receptacle, 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 500 feet from the lake or any watercourse in zone I or not less than 200 feet from any watercourse in zone II and covered with not less than 18 inches of soil in such a manner as to effectively prevent its being washed over 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 or maintained or allowed to remain within 100 feet of the lake or any watercourse in zone I, nor within 50 feet of any watercourse in zone II, except a properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (8) of this subdivision; 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 in paragraph (4) of this subdivision cannot be obtained, shall be placed as far as possible from the lake or any 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 the lake or any 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 duly authorized representative of the officers or boards having the management and control of the potable water supplies defined above 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 100 feet of the lake or any watercourse in zone I or within 50 feet of any watercourse in zone II, built or to be built according to the provisions of paragraph (5) of this subdivision, 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. In the case of properties occupied only during the summer season, the said receptacles shall be emptied when necessary and also at the end of the summer season, disinfected and left empty during the winter. The work of emptying these receptacles shall be done in such manner as to effectually prevent any pollution of the public water supply.

(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 the lake or any 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.

(8) No sewage, as defined under the term sewage above, nor any industrial waste, so classified by the Water Pollution Control Board under the State Department of Health, shall be discharged or allowed to flow into the lake or any watercourse nor deposited on or beneath the surface of the ground within 100 feet of the lake or any watercourse in zone I or within 50 feet of any watercourse in zone II except into watertight receptacles, the contents of which shall be disposed of as provided for by paragraph (3) of this subdivision, provided, however, that the property on which the 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 the property. In such case, the watertight receptacle shall be constructed and maintained as provided for in paragraph (5) of this subdivision. The restrictions and limiting distances shall not apply to sewage treatment plants or waste treatment systems installed under and in accordance with plans which first have been submitted to and approved by the State Commissioner of Health.

(d) Sewage. No privy or receptacle of any kind for the storage, deposit or treatment of excreta, sewage or other waste matter shall be installed, repaired or replaced on any property situated on the watershed where such installations are or will be more than 100 feet from the lake or any watercourse in zone I or more than 50 feet from any watercourse in zone II unless written permission has first been granted by the authorized representative of the officers or boards having the management and control of the Canandaigua Lake watershed. Prerequisites for such permission shall be rough plans and specifications for the structure or installation and a soil percolation test taken on the site of the installation or leaching area. The provisions and restrictions of this subdivision shall not apply to any property or installation subject to more stringent or restrictive laws or regulations of the State Department of Health or other State agency.

(e) Garbage, refuse and dead animals. No garbage, refuse, putrescible matter, decomposed fruits and vegetables, dead animals or parts thereof or any other matter that pollutes water shall be deposited in the lake or any watercourse nor on or beneath the surface of the ground within 100 feet of the lake or any watercourse in zone I nor within 50 feet of any watercourse in zone II in such manner that it can be washed by rain or melting snow or otherwise over the surface or through the ground into the lake or any watercourse.

(f) Bottles and cans. In the interest of public safety, no bottles, jars, jugs, metal cans, drums or similar objects shall be deposited in the lake or any watercourse nor on or beneath the surface of the ground within 50 feet of the lake or any watercourse in zone I or within 25 feet of any watercourse in zone II nor in such a manner that the object or material can be washed by rain or melting snow or otherwise over the surface of the ground into the lake or any watercourse.

(g) Place for animals. (1) No animal or poultry shall be allowed to stand, wade, swim or be washed or watered in the water of the lake within 300 feet of a public water supply intake, and no watering place shall be maintained in such a way as to pollute the lake or 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 drainage, leachings or washings therefrom may pollute the lake or any watercourse. (3) No manure pile shall be maintained or allowed to remain within 100 feet of the lake or any watercourse in zone I or within 50 feet of any watercourse in zone II nor in such a condition as to pollute the lake or any watercourse.

(h) Bathing, boating, fishing, etc. No person shall bathe, and no boating of any kind or fishing from boats or through the ice and no ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of the lake within 300 feet of the water supply intakes. All ice cutting on the lake beyond the above specified distance shall be done only with the written permission of the officers or boards having the management and control of the potable water supplies defined above or their duly authorized representative and in strict accordance with the regulations to be adopted by said officers or boards and under the rigid inspection and supervision of such officers or boards or their authorized representatives.

(i) Refuse from boats. No excreta, garbage, slops nor decomposable matter of any kind nor any bottles or metal cans of any kind shall be thrown, discharged, or allowed to escape or pass into the lake from any power boat, steamer, launch, yacht, sailboat, houseboat, rowboat, canoe or raft. Any boat of any type or description having water closets, permanent or temporary toilet accommodations or galley facilities shall be provided with removable watertight receptacles, which shall be regularly emptied, cleaned and deodorized each day when in use, under the same restrictions as those which are imposed under paragraphs (3) and (7) of subdivision (c).

(j) Camps, tents and trailers. (1) No camp, tent, building or other structure for the occupancy of transients or for the housing of laborers engaged in construction or agricultural 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 100 feet of the lake or any watercourse in zone I or within 50 feet of any watercourse in zone II.

(2) No camp, tent, trailer or other structure for the personal use of the owner or the personal use of family, friends or tenants shall be located, placed or maintained within a distance of 100 feet of the lake or any watercourse in zone I or within 50 feet of any watercourse in zone II without first complying with the provisions of paragraphs (4) through (8) of subdivision (c) and subdivision (d) for the proper disposal of excreta, sewage and waste matter.

(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 Canandaigua Lake or its tributaries.

(l) Inspections. The officers or boards having the management and control of the public water supplies defined above or such boards or person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representative of such boards or persons shall make regular and thorough inspections of the lake, 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 the officers or boards having the management and control of the public water supplies defined above to cause copies of any rules and regulations violated to be served upon the persons violating the same, together with notices of such violations. If such persons do not immediately comply with the rules and regulations, it shall be the further duty of said officers or boards having the management and control of the public water supplies defined above to promptly notify the State Commissioner of Health of such violations. The officers or boards having the management and control of the public water supplies defined above shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the inspections which have been 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. HEALTH 10B

(m) Penalty. (1) In accordance with section 1103 of chapter 45 of the Consolidated Laws (Public Health Law), as amended by chapter 879 of the Laws of 1953, 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.

(2) The penalty for each and every violation of or noncompliance with any of these rules and regulations which does not relate to a permanent source or act of contamination is hereby fixed at $25.

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