N.Y. Comp. Codes R. & Regs. tit. 10 § 114.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 114.3 - Village of Saranac Lake

(a) [Application.] The rules and regulations hereinafter given, duly made in accordance with the provisions of sections 70, 71 and 72 of the Public Health Law, heretofore set forth, shall apply to the entire drainage area of McKenzie Lake or Pond, situated in the townships of St. Armand and North Elba, Essex County, which forms the source of the public water supply of the village of Saranac Lake, New York.

(b) [Definitions.]

(1) The term lake wherever used in this section is intended to refer to McKenzie Lake or Pond.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, stream, ditch, gutter or other natural channel or permeable artificial pipe or conduit of every kind, the waters of which when running, whether continuously or occasionally, eventually flow or may flow into McKenzie Lake or Pond.

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

(c) Privies adjacent to the lake and watercourses.

(1) No water closet, privy, privy vault, pit or cesspool or other place or receptacle of any kind whatever used for the temporary or permanent deposit, reception or storage of human excreta shall be constructed, located, placed, maintained or allowed to remain within 300 feet of the lake or within 200 feet of any watercourse.

(2) No water closet, privy, privy vault, pit, cesspool or other place or receptacle of any kind, used for the temporary or permanent deposit, reception or storage of human excreta, other than the watertight, removable receptacles hereinafter prescribed, shall be located, placed, maintained or allowed to remain within 600 feet of the lake or of any watercourse.

(3) Every water closet, privy or place for the deposit, reception or storage of human excreta which is constructed, located, maintained or allowed to remain within the aforesaid 600 feet of the lake or of any watercourse shall be arranged in such manner that all of said excreta shall be received and temporarily retained in suitable vessels or receptacles, which shall at all times be maintained in an absolutely watertight condition and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth.

(4) The excreta collected in the aforesaid removable receptacles shall be removed to the garbage lot of the village of Saranac Lake, New York, or other accessible and suitable place outside of the watershed of the said McKenzie Lake and the receptacles emptied, cleansed and deodorized as often as may be found necessary to maintain the privy in thoroughly sanitary condition and to effectually and strictly prevent any overflow whatever 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 transferred from the privy to the place of disposal herein specified and that the least possible annoyance or inconvenience be caused to the occupants of the premises or of adjoining premises. The excreta removed shall be thoroughly buried and covered in trenches or thoroughly dug into the soil in such place and manner that no sanitary harm, annoyance or objection may result therefrom.

(5) Whenever it shall be found that, owing to the character of the soil or the surface of the ground or to the height or flow of the subsoil or surface water or other special local condition, the excretal matter from any privy or aforesaid receptacle may, in the opinion of the State Commissioner of Health, be washed over the surface of the ground or through the soil into the lake or into any watercourse, then the said privy or receptacle for excreta shall, after due notice to the owner, 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, offal, garbage, putrescible matter, etc.

(1) No sewage or excremental matter of any kind nor any compost or mixture containing the same shall be thrown, placed, led, conducted or discharged or allowed to escape or pass into the lake or any watercourse nor onto or into the ground within 600 feet of the lake or any watercourse.

(2) No offal, garbage or putrescible animal or vegetable matter of any kind nor any bath water, wash water or other polluted water or liquid shall be thrown, placed, led, conducted, discharged or allowed to escape or pass into the lake or into any watercourse, nor onto or into the ground within 300 feet from the lake or within 200 feet of any watercourse.

(3) No clothing, bedding, carpet, harness, vehicle, utensil nor anything that pollutes water shall be washed, rinsed or placed in the lake or in any watercourse.

(e) Stables, animals, manure, etc.

(1) No stable, cattle pen, pigsty, hog lot, poultry house, poultry yard, barnyard, hitching place or standing place for horses or other animals and no manure pile, compost heap, piles of fermented or decayed fruit, vegetables, roots, grain or other vegetable substances shall be located, placed, maintained or allowed to remain in such place or manner that the washings or drainage therefrom may flow by open, blind or covered drains or channels of any kind into McKenzie Lake or into any pond, reservoir, spring, stream, ditch, gutter or watercourse aforesaid, without first having passed over or through the soil in a scattered, dissipated form and not concentrated in definite lines of flow for a distance of at least 300 feet before entering the lake or at least 200 feet before entering any watercourse, and in no case shall the distance of any of the above named objects, places or material be less than 300 feet from the lake nor less than 200 feet from any watercourse.

(2) No manure or compost of any kind shall be deposited or spread upon the ground so as to be washed in a scattered, dissipated form and not concentrated in definite lines of flow for a distance less than 300 feet before entering the lake nor less than 200 feet before entering any watercourse.

(f) Bathing, boating, camps and cottages.

(1) No person shall wash, bathe or swim in the lake nor in any watercourse within one mile of its mouth at the lake.

(2) No raft, boat, launch or other craft shall be kept or used for any purpose on the lake, except that one row boat may be kept by the water department of the village of Saranac Lake and used only for purposes necessary to the operation, use or maintenance of the lake as a source of water supply to the village of Saranac Lake, and when not so used shall be so kept or fastened as not to be used for any other purpose nor by any other person than the one duly authorized by the said water department.

(3) No person or persons shall erect, maintain, use or occupy any tent, camp, cottage or other structure on any state land within a distance of 300 feet from the shore of the said lake or any watercourse flowing into it; and no person or persons, except representatives of the sewer and water board or board of health for some necessary purpose in connection with the said water supply, shall, when the said lake is frozen, enter upon the ice thereon or travel over the same either on foot or otherwise.

(g) General prohibition. All persons are hereby forbidden to pollute or defile by any means or to be or become in any manner accessory to the pollution or the defiling by any means of the waters of said McKenzie Lake or any of its tributaries, either on or in the waters of the lake or any watercourse or on the banks or adjacent land, in such manner as thereby to pollute the waters of the lake or any watercourse.

(h) Inspections. The water department of the village of Saranac Lake shall maintain systematic and thorough inspections of the lake, its watercourses and its drainage area for the purpose of determining whether the above rules are complied with. At least four such inspections shall be made each year, and such other or special inspections shall be made when directed by the State Commissioner of Health. Full and detailed reports of each such regular and special inspection shall be made in writing by the water department to the State Commissioner of Health within five days of the date of completion and within 10 days of the date of beginning each such inspection.

(i) Penalty. In accordance with the provisions of section 70 of chapter 661 of the Laws of 1893, as finally amended by chapter 484 of the Laws of 1904, the penalty for each and every violation of or noncompliance with any of the above rules or regulations which relate to a permanent source or act of contamination or to a permanent violation is hereby fixed at $100.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 114.3