Public Health Law, § 1100
(a)
Application.
The rules and regulations hereinafter given, duly made and
enacted in accordance with the provisions of sections 1100-1107 of the Public
Health Law shall apply to Loughberry Lake and its tributaries, including Bog
Meadow Brook, east of the city dam at Old Louden Road which now serve or which
may be developed in the future to serve as sources of the public water supply
of the City of Saratoga Springs, Saratoga County, New York and to all
watercourses tributary thereto or ultimately discharging into said
reservoir.
(b)
Definitions.
(1)
Herbicide shall mean any substance used to destroy or used to
destroy or inhibit plant growth.
(2)
Human excreta shall mean
human feces and urine.
(3)
Junkyard shall mean an area where two or more unregistered,
old or secondhand motor vehicles are being accumulated for purposes of
disposal, resale of used parts or reclaiming certain materials such as metal,
glass, fabric, etc.
(4)
Linear distance shall mean the shortest horizontal distance
from the nearest point of a 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 a watercourse.
(5)
Pesticide shall mean any substance used to destroy pests such
as rodents and insects.
(6)
Radioactive material shall mean any material in any form that
emits radiation spontaneously.
(7)
Refuse shall mean all putrescible and nonputrescible solid
wastes including garbage, rubbish, ashes, incinerator residue, street
cleanings, dead animals, offal and solid commercial and industrial
wastes.
(8)
Refuse disposal
area shall mean land used for the depositing of refuse except that it
shall not include the land used for the depositing of refuse from a single
family, a member of which is the owner, occupant or lessee of said land, or any
part of a farm on which only animal wastes resulting from the operation of such
farm are deposited.
(9)
Reservoir shall mean any natural or artificial lake or pond
which is tributary to or serves as a source of the City of Saratoga Springs
public water supply.
(10)
Sewage shall mean the waste from a flush toilet, bath, sink,
lavatory, dishwashing or laundry machine, or the water-carried waste from any
other fixture or equipment or machine.
(11)
Sewage disposal system
shall mean a system for disposing of sewage, industrial wastes or other wastes,
and including sewers and treatment works.
(12)
Toxic chemical shall
mean any compound or substance which is or may be poisonous to
humans.
(13)
Treatment
works shall mean any plant, disposal field, lagoon, pumping station,
constructed drainage ditch or surface water intercepting ditch, incinerator,
area devoted to sanitary land fills, or other works not specifically mentioned
herein, installed for the purpose of treating, neutralizing, stabilizing or
disposing of sewage, industrial waste or other wastes.
(14)
Watercourse shall mean
every spring, stream, marsh, or channel of any kind, the water of which flow or
may flow into the City of Saratoga Springs public water supply.
(15)
Watershed shall mean
the entire drainage area contributing water to the City of Saratoga Springs
public water supply.
(16)
Water supply shall mean the public water supply of the City of
Saratoga Springs, Saratoga County, New York.
(c)
Human excreta and sewage.
(1) No human excreta shall be deposited or
allowed to escape into any reservoir or watercourse on the watershed.
(2) No human excreta shall be deposited or
spread upon the surface of the ground at any point on the watershed.
(3) No human excreta shall be buried in the
soil on the watershed unless deposited in trenches or pits at a distance of not
less than 250 feet from any reservoir or watercourse and covered with not less
than one foot of soil in such a manner as to effectually prevent its being
washed into any reservoir or watercourse by rain or melting snow.
(4) No privy or receptacle of any kind for
the deposit or storage of human excreta shall be constructed, placed,
maintained or allowed to remain within 50 feet of any reservoir or watercourse
except
(i) watertight receptacles,
(ii) water-flushed toilets connected by a
watertight pipe to a sewage disposal system that has been approved by the
appropriate State agency having jurisdiction over such facility and
(iii) a properly designed, constructed and
operated treatment works that has been approved by the appropriate State agency
having jurisdiction over such facility.
(5) No portion of the seepage unit (tile
field, seepage pit or equivalent) of a subsurface sewage disposal system shall
be constructed, placed or allowed to remain within 50 feet of any reservoir or
watercourse.
(6) Every watertight
receptacle referred to in paragraph (4) above and paragraph (9) below shall be
emptied when filled within six inches of the top of the receptacle.
(7) In emptying a watertight receptacle or in
transferring its contents to a transportable receptacle, all necessary care
shall be exercised to prevent contamination of any reservoir or watercourse.
All such transportable receptacles shall be provided with tightly fitting
covers which are securely fastened when transporting wastes to the place of
ultimate disposal. The contents of the watertight receptacles shall be disposed
of in accordance with paragraph (3) above or at a properly designed,
constructed and operated sewage disposal system that has been approved by the
appropriate State agency having jurisdiction over such facility.
(8) Before any existing sewage disposal
system is altered or any new sewage disposal system is constructed on the
watershed, the plans in relation thereto shall have been first approved by the
appropriate State agency having jurisdiction over such facility. Standards for
waste treatment works as published from time to time by the appropriate State
agency having jurisdiction over such facility and paragraph (5) above shall
comprise the criteria to approve any proposed sewage disposal system.
(9) No sewage or polluted liquid of any kind
shall be discharged or allowed to flow into any reservoir or watercourse nor on
or beneath the surface of ground on the watershed (excepting into watertight
receptacles or watertight pipes connected to a sewage disposal system approved
by the appropriate State agency having jurisdiction over such facility) within
50 feet of any reservoir or watercourse. These restrictions and limiting
distances shall not apply to sewage treatment works installed in accordance
with plans which first have been submitted to and approved by the appropriate
State agency having jurisdiction over such facility.
(d)
Refuse disposal area.
No refuse disposal area shall be located within 250 feet of
any reservoir or watercourse.
(e)
Cemeteries.
No interment of a human body shall be made within 250 feet
of any reservoir or watercourse.
(f)
Radioactive material.
No radioactive material in excess of the quantity listed
for said material in Table 4, Appendix 1, Part 16, Chapter 1 (Ionizing
Radiation), Title 10 (Health) of the Official Compilation of Codes, Rules and
Regulations of the State of New York shall be disposed of by burial in soil
within 250 feet of any reservoir or watercourse.
(g)
Junkyards.
No junkyard shall be located within 100 feet of any
reservoir or watercourse.
(h)
Bathing and swimming.
Bathing and swimming are prohibited in any reservoir or
watercourse owned by the City of Saratoga Springs.
(i)
Temporary shelters.
No hut, tent, shelter or building of any kind, except a
waterworks structure, shall be permitted on the water or ice of any reservoir
or watercourse owned by the City of Saratoga Springs.
(j)
Boating.
No boating shall be allowed in or upon the waters of any
reservoir or watercourse owned by the City of Saratoga Springs except by duly
authorized employees of the City of Saratoga Springs in the performance of
their duties of supervision and maintenance of the water
supply.
(k)
Fishing
and trespassing.
No fishing or trespassing shall be allowed in or upon any
reservoir or watercourse owned by the City of Saratoga Springs except by duly
authorized employees of the City of Saratoga Springs in the performance of
their duties of supervision and maintenance of the water
supply.
(l)
Herbicides, pesticides, and toxic chemicals.
No herbicide, pesticide or toxic chemical shall be
discharged, applied or allowed to enter into any reservoir or watercourse
unless a permit to do so has been obtained from the appropriate State agency
having jurisdiction.
(m)
Manure.
No manure pile shall be maintained or allowed to remain
within 50 feet of any reservoir or watercourse.
(n)
General clause.
No person, including State agencies or political
subdivisions having jurisdiction, shall perform any act or grant any permit or
approval which may result in the contravention of the standards for raw water
quality as contained in Part 170, Subchapter C (Water Supply Sources), Chapter
III, (Public Water Supplies), Title 10 (Health) of the Official Compilation of
Codes, Rules and Regulations of the State of New York.
(o)
Inspections.
The commissioner of public works, or any person or persons
may be charged with the maintenance or supervision of the water supply shall
make regular and thorough inspections of the reservoir, watercourses and
watershed to ascertain whether this Part is being complied with. It shall be
the duty of the aforesaid commissioner of public works or any person or persons
as may be charged with the maintenance or supervision of the water supply, to
cause copies of any rules and regulations violated to be served upon the
persons violating the same together with notice of such violations. If such
persons served do not immediately comply with this Part, it shall be the
further duty of the aforesaid commissioner of public works or any person or
persons as may be charged with the maintenance or supervision of the water
supply, to promptly notify the State Commissioner of Health of such violations.
The aforesaid commissioner of public works or any person or persons as may be
charged with the maintenance or supervision of the water supply, shall report
to the State Commissioner of Health in writing annually, prior to the 30th day
of January, the results of the regular inspections made during the preceding
year. The report shall state the number of notices served, the number of
violations abated and the general condition of the watershed at the time of the
last inspection.
(p)
Penalty.
Penalties for violations shall be in accordance with the
provisions of section 1103 of the Public Health
Law.