N.Y. Comp. Codes R. & Regs. tit. 10 § 157.1

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

Section 157.1 - Village of penn yan

(a) Application. The following rules and regulations enacted in accordance with the provisions of sections 70, 71 and 73 of the Public Health Law shall apply to Keuka Lake which serves as a source of the public water supply of the village of Penn Yan, Yates County, New York.

(b) Definitions.

(1) The term water supply means the public water supply of the village of Penn Yan.

(2) The term Keuka Lake means that portion of the easterly branch of Keuka Lake within Yates County, which body of water serves as the source of the water supply of the village of Penn Yan.

(3) The term watercourse means every spring, stream, pond (other than Keuka Lake) or channel of any kind which flows or eventually may flow into that portion of the easterly branch of Keuka Lake within Yates County.

(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 the lake 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 system 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 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 1 shall comprise the east branch of Keuka Lake and tributaries thereto, from the northern end of the lake southward to the boundary line between the towns of Barrington and Milo as extended westerly to the west shore of the east branch of Keuka Lake.

(ii) Zone 2 shall comprise that portion of the east branch of Keuka Lake and tributaries thereto which is south of zone 1 and which is located entirely within Yates County and easterly of a line due south from the southernmost extremity of Bluff Point.

(c) Human excreta.

(1) No human excreta shall be deposited, thrown, placed or allowed to escape into the lake or any watercourse in zones 1 and 2.

(2) No human excreta shall be placed or spread upon the surface of the ground at any point on the watershed of the lake in zones 1 and 2.

(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 250 feet from the lake or any watercourse in zone 1 or 100 feet from the lake or any watercourse in zone 2 and covered with not less than 12 inches of soil in such a manner as to effectually 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, maintained or allowed to remain within 75 feet of the lake or any watercourse in zone 1 or within 50 feet of the lake or any watercourse in zone 2, except as hereinafter provided in paragraphs (5) and (6) of this subdivision.

(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 distance named 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 municipal board of the village of Penn Yan and in such a manner as to effectually prevent any pollution of the public water supply.

(6) No privy or receptacle of any kind for the storage or deposit of human excreta that is not watertight shall be constructed, placed, maintained or allowed to remain within 150 feet of the lake or any watercourse in zone 1 or within 100 feet of the lake or any watercourse in zone 2.

(7) Every privy or receptacle of any kind or place used for the temporary storage of human excreta located between the limiting distances prescribed by paragraphs (4) and (6) 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 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, and the receptacle shall be thoroughly cleansed and deodorized as often as may be found necessary to maintain these receptacles in a proper sanitary condition and shall be so removed as to effectually prevent any overflow upon the soil or upon the foundation or floor of the privy. In the case of properties occupied only during the summer, 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 and disinfecting these receptacles shall be done in such a manner as to effectually prevent any pollution of the public water supply.

(8) 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.

(d) Sewage. No sewage shall be discharged or allowed to flow into the lake or any watercourse nor deposited on the surface of the ground nor deposited beneath the surface of the ground within 75 feet of the lake or any watercourse in zone 1 or within 50 feet of the lake or any watercourse in zone 2, except into watertight receptacles, the contents of which shall be disposed of as provided for by paragraph (3) 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 waste or polluted liquid of any kind shall be discharged or allowed to flow into the lake or any watercourse nor be deposited on or beneath the surface of the ground within 50 feet of the lake or any watercourse in zone 1, or within 25 feet of the lake or any watercourse in zone 2, nor in such a manner that it can be washed by rain or melting snow or otherwise over the surface of the ground into the lake or a watercourse.

(2) No garbage, refuse or putrescible matter shall be deposited in the lake or watercourse nor on or beneath the surface of the ground within 50 feet of the lake or of any watercourse in zone 1, or within 25 feet of the lake or any watercourse in zone 2, nor in such a manner that it can be washed by rain, melting snow or otherwise over the surface or through the ground into any reservoir or watercourse.

(3) No manure pile shall be maintained or allowed to remain within 50 feet of the lake or any watercourse in zone 1, nor within 25 feet of the lake or any watercourse in zone 2, nor in such a condition as to pollute the lake or watercourse.

(f) Cemeteries. No interment of a human body shall be made within a distance of 300 feet of the lake or any watercourse in either zone 1 or zone 2.

(g) 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.

(h) [Inspections.] The municipal board of the village of Penn Yan 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 board 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 said board to cause copies of any rules and regulations violated to be served upon the person 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 board to promptly notify the State Commissioner of Health of such violations. The municipal board 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.

(i) 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 § 157.1