(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 heretofore set forth, shall apply to Hemlock and Canadice lakes and to all watercourses and drainage areas tributary thereto, which serve as sources of the public water supply of the City of Rochester, Monroe County, NY.
(b)Definitions.(1) The term lakes wherever used in this section is intended to mean and refer to Hemlock and Canadice lakes and to that part of the outlet of Canadice Lake tributary to the public water supply of the City of Rochester.(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs), stream, ditch, gutter or other channel of every kind, the waters of which, when running whether continuously or occasionally, eventually flow or may flow into the public water supply of the City of Rochester, NY.(3) Wherever a linear distance of a structure or object from a lake 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 the lake or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.(c)Zones and distances.For the purpose of graduating the severity of the subdivisions in their application to different parts of the watershed so as to conform to the varying degrees of danger to the water supply, the streams and drainage areas are divided into zones as bounded and described in the following schedules.
(1) Schedule I. (i)Zone 1. Comprises Hemlock and Canadice Lakes and that part of the outlet of Canadice Lake from the lake to the diversion dam, together with all watercourses and drainage areas tributary thereto, north of the southerly or inlet ends of these lakes.(ii)Zone 2. Comprises the remaining watercourses and drainage areas tributary to Hemlock and Canadice Lakes that are not included in zone 1 and which serve as sources of the public water supply of the City of Rochester.(2) Schedule II: Least permissible distances of sources of pollution from Hemlock and Canadice lakes and tributary watercourses. The several sources of pollution existing throughout the two zones and specified in the following subdivisions shall not be placed, maintained or allowed to remain within the following prohibited distances from Hemlock and Canadice Lakes and tributary watercourses.
Sources of pollution as specified in the several subdivisions | |
Least permissible distances from reservoirs and watercourses | |
Zone 1 | Zone 2 |
| Subdivision | Lakes | Watercourses | Watercourses |
| (d)(1) | Privies, any type ....... | 50 | 25 | 15 |
| (d)(4) | Privies, not watertight ....... | 100 | 50 | 50 |
| (d)(6) | Burying human excreta, etc. ....... | 300 | 300 | 300 |
| (e)(1) | Sewage ....... | 100 | 50 | 50 |
| (e)(3) | Garbage, sink wastes, waste matter from dairy or cheese factory, etc. ....... | 50 | 25 | 15 |
| (f)(1) | Bathing ....... | 500 ft. of Canadice outlet |
| 500 ft. of intakes on Hemlock |
| (f)(2) | Stable, barnyard, hogpen, etc. ....... | 50 | 15 | 10 |
| (f)(3) | Spreading compost containing human excreta ....... | 300 | 300 | 300 |
| (f)(3) | Spreading animal manure on land ....... | 50 | 15 | 10 |
| (f)(4) | Vegetable wastes ....... | 40 | 10 | 10 |
| (g) | Dead animals, offal, etc. ....... | 100 | 75 | 50 |
| (h) | Fishing, boating, ice cutting ....... | 500 ft. of Canadice outlet |
| 500 ft. of intakes on Hemlock |
| (i) | Camps ....... | 200 | 100 | 75 |
| (j) | Cemeteries ....... | 100 | 100 | 100 |
(d)Privies adjacent to any lakes or watercourses.(1) No privy, privy vault, pit or receptacle of any kind, used for either the temporary storage or the permanent deposit of human excreta, shall be placed, maintained or allowed to remain within 50 feet of the lakes or within 25 feet of any watercourse in zone 1 or within 15 feet of any watercourse in zone 2, tributary to the public water supply of the City of Rochester, except the properly constructed and operated sewage disposal plant as hereinafter set forth in paragraph (2) of subdivision (e), provided, however, that the property on which the privy, privy vault, pit or other receptacle intended for the deposit of human excreta 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 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 distances named in paragraph (1) of this subdivision cannot be obtained within the limits of such property, shall be placed as far as possible from the lakes or any watercourse tributary to the public water supply of the City of Rochester and especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight vessels or receptacles are provided, they shall be placed in watertight concrete or masonry receptacles and shall be located as far as practicable from the lakes or watercourses tributary to the public water supply of the City of Rochester. All receptacles referred to in this paragraph shall be constructed only with the approval of and under the supervision of the bureau of water of the City of Rochester and so located that the tops of such receptacles shall be above the highest known water level of the lakes or tributary watercourses.(3) Whenever a privy, privy vault, pit or other receptacle of any kind used for either the temporary storage or permanent deposit of human excreta is especially constructed and made watertight and located nearer any lake or tributary 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 it in a proper sanitary condition and to effectually prevent any overflow and in the case of the properties occupied by the owners during the summer, the said receptacles shall be emptied at least once every fall at the end of the summer season, disinfected with lime and left empty during the winter. The work of emptying and disinfecting these receptacles shall be done under the supervision of or in accordance with directions of the bureau of water of the City of Rochester and in such a manner as to effectually prevent any pollution of the public water supply of the City of Rochester.(4) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta which is not watertight shall be constructed, located, placed, maintained or allowed to remain within 100 feet of any lake or within 50 feet of any watercourse tributary to the public water supply of the City of Rochester. 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 in paragraph (1) 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 suitable watertight receptacles which shall at all times be deposited as set forth in paragraphs (5) and (6) of this subdivision.(5) The excreta collected in the aforesaid removable receptacles shall be removed and the receptacles cleansed and disinfected as often as may be found necessary to maintain the privy in proper sanitary condition and to 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 transferred from the privy to the place of disposal hereinafter specified and that the least possible annoyance or inconvenience be caused to occupants of the premises or of the adjoining premises.(6) Unless otherwise specifically ordered or permitted by the State Commissioner of Health, the excreta collected in the aforesaid receptacles shall, when removed, be disposed of by burying in trenches or pits at a depth of not less than 12 inches below the surface of the ground and in such manner as to effectually prevent their being washed over the surface of the ground by rain or melting snow and at distances not less than 300 feet of any lake or watercourse tributary to the public water supply of the City of Rochester.(7) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground or to the height or flow of the subsoil or surface water or other special local condition, the 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 into any lake or watercourse tributary to the public water supply of the City of Rochester, then the said privy or receptacle for excreta or trench or place of disposal shall, after due notice to the owner thereof, be removed to such greater distance or to such places as shall be considered safe and proper by the State Commissioner of Health.(e)Sewage, sink wastes, garbage, etc.(1) No bath water, laundry waste, sewage or excremental matter from any water closet, privy, cesspool or other source, except the purified effluent from a properly constructed and operated sewage disposal plant as hereinafter provided in 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 lake or watercourse tributary to the public water supply of the City of Rochester, nor shall any such matter be thrown, placed, led, discharged or allowed to escape or flow onto 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 paragraph (5) of subdivision (d), within 100 feet of any lake and within 50 feet of any watercourse tributary to the public water supply of the City of Rochester.(2) No sewage disposal plant, the effluent from which is to be discharged or allowed to flow directly or indirectly into any lake or watercourse tributary to the public water supply of the City of Rochester, shall be operated, constructed, enlarged, altered or put in operation without a permit from the State Commissioner of Health. All sewage disposal plants on the watersheds of lakes or watercourses tributary to the public water supply of the City of Rochester shall be operated and maintained under the supervision of the bureau of water of the City of Rochester.(3) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste matter from any garage, dairy, 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 heretofore provided under paragraph (2) of this subdivision, shall be thrown or discharged into any lake or watercourse tributary to the public water supply of the City of Rochester. nor shall any such liquid or solid matter be thrown or discharged upon the surface of the ground or into the ground below the surface except into watertight vessels or receptacles, the contents of which are to be removed as provided by paragraph (5) of subdivision (d), within 50 feet of any lake and 25 feet of any watercourse in zone 1 or within 15 feet of any watercourse in zone 2 tributary to the public water supply of the City of Rochester.(4) No clothing, bedding, carpet, harness, vehicle, receptacle, utensil nor anything that pollutes water shall be washed, rinsed or placed in any lake or watercourse tributary to the public water supply of the City of Rochester.(f)Bathing, animals, manure, compost, etc.(1) No person shall be allowed to bathe in Canadice Lake within 500 feet of the outlet or in that part of the Canadice outlet extending from the lake to the diversion dam nor in Hemlock Lake within 500 feet of the intakes of the public water supply nor along the shores of Hemlock Lake on property owned by the city, nor shall any animal or poultry be allowed to stand, wallow, wade or swim in Hemlock or Canadice lake or the outlet stream of Canadice Lake, within the above described limits. No watering place of any kind shall be maintained in any was as to pollute with muddy leachings or excremental matter any streams tributary to the public water supply of the City of Rochester.(2) No stables for cattle or horses, no barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain with its nearest point less than 50 feet of any lake and 15 feet of any watercourse in zone 1 or within 10 feet of any watercourse in zone 2 tributary to the public water supply of the City of Rochester.(3) No human excreta and no compost or other matter containing human excreta shall be thrown, placed or allowed to escape into any lake or watercourse nor to be placed, piled or spread upon the surface of the ground at any point on the watershed tributary to the public water supply of the City of Rochester, nor shall such human excreta or compost or other matter containing human excreta be buried in the soil at a less depth than 12 inches below the surface of the ground nor within a distance of 300 feet of any lake or watercourse tributary to the public water supply of the City of Rochester, and no manure or compost of any kind shall be placed, piled or spread upon the ground within a distance of 50 feet of any lake and 15 feet of any watercourse in zone 1 or 10 feet of any watercourse in zone 2 tributary to the public water supply of the City of Rochester.(4) No decayed or fermented fruit or vegetables, roots, grain, cider mill wastes or other vegetable refuse of any kind shall be thrown, placed, discharged or allowed to escape or pass into any lake 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 lake 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 sufficient purification has been secured unless the above mentioned 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 40 feet of any lake and 10 feet of any watercourse tributary to the public water supply of the City of Rochester.(g)Dead animals, offal, industrial wastes.No dead animal, bird, fish or any part thereof nor any offal or polluted industrial wastes of any kind shall be thrown, placed, discharged or allowed to escape or to pass into any lake or watercourse tributary to the public water supply of the City of Rochester, nor shall any such material or refuse be so placed, maintained or allowed to remain that the drainings, leachings or washings therefrom may reach any such lake or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptable lines of drainage for a distance of 100 feet of any lake and 75 feet from any watercourse in zone 1 or 50 feet of any watercourse in zone 2 tributary to the public water supply of the City of Rochester.
(h) Fishing, boating and ice cutting.No boating or fishing of any kind and no ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of Canadice Lake within 500 feet of the outlet or in that part of Canadice outlet extending from the lake to the diversion dam nor within 500 feet of the intakes at Hemlock Lake nor along the shores of Hemlock Lake on property owned by the City of Rochester, except that boating or fishing may be allowed at the south end of Hemlock Lake on city-owned property upon permit issued by the commissioner of public works, such permit being revocable at any time by the commissioner of public works.
(i)Camps.No camp, tent, building or other structure for occupancy by transients or for the housing of laborers engaged in construction work or for any other use, except as a private camp or dwelling maintained on private property by a person for his own personal use or for the use of his family and friends, shall be located, placed or maintained within a distance of 200 feet of any lake and 100 feet of any watercourse in zone 1 or 75 feet of any watercourse in zone 2 tributary to the public water supply of the City of Rochester.
(j)Cemeteries.No interment of a human body shall be made within a distance of 100 feet from any lake or watercourse tributary to the public water supply of the City of Rochester.
(k)Inspections.The bureau of water of the City of Rochester or such other board as may be charged with the maintenance or supervision of the public water supply of the City of Rochester or its duly appointed representatives shall make regular and thorough inspections of the lakes, 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 bureau of water 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 further duty of the bureau of water to promptly notify the State Commissioner of Health of such violations. The bureau of water shall report to the State Commissioner of Health in writing annually, on the first day of January, the results of the regular 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.
(l)General clause.In addition to observing the foregoing requirements all persons living on or visiting a watershed shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply of the City of Rochester.
(m)Penalty.In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), 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.
N.Y. Comp. Codes R. & Regs. Tit. 10 § 125.1