N.Y. Comp. Codes R. & Regs. tit. 10 § 130.1

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

Section 130.1 - City of rome

(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 Fish Creek and all its tributaries and reservoirs which now serve or which may be developed in the future to serve as sources of the public water supply of the City of Rome and to all watercourses and drainage areas tributary to or ultimately discharging into said Fish Creek or reservoirs. Particular rules shall be applicable to the zones specified.

(b) Definitions.

(1) The term water supply whenever used in this section refers to the public water supply of the City of Rome, Oneida County, New York.

(2) The term watershed refers to all land situated so that drainage therefrom is towards Fish Creek or its tributaries upstream from the water supply intake structure.

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

(4) The term linear distances refers to the shortest horizontal distance from the nearest point of the structure or object to the tributaries or the high-water mark of the reservoir.

(5) The term intake reservoir refers to the approximate 10-million-gallon reservoir formed by the diverting dam on the east branch of Fish Creek in the town of Annsville, at the southern end of which is located the intake to the 36-inch main supply line.

(6) The term Boyd Reservoir (Lake Tagasoke) refers to the approximately 1.34- billion-gallon impounding reservoir formed by the construction of Boyd Dam in the Town of Lewis, Lewis County, construction of which was completed in 1959.

(7) 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.

(8) The term sewage means waste liquids containing human excreta and decomposing matter flowing in or from a house drainage system or sewer.

(9) The term sewage disposal works refers to an installation in which sewage is discharged to the ground waters.

(10) The term sewage treatment plant refers to an installation from which treated sewage is discharged to surface waters.

(c) Zones. The complete watershed shall be delineated by zones as follows:

(1) Zone A--From diverting dam at intake reservoir upstream 1,700 feet to include all areas presently owned by the City of Rome and including all drainage areas tributary to Fish Creek between these two points.

(2) Zone B--Fish Creek from the northern limit of zone A to the dam at Boyd Reservoir, including all drainage area tributary to Fish Creek between these points.

(3) Zone C--From dam at Boyd Reservoir to northern limit of watershed, including all tributaries exclusive of zone D.

(4) Zone D--Boyd Reservoir (Lake Tagasoke) and all adjacent property owned by the City of Rome.

(d) General rules and regulations.

(1) [Human excreta.]

(i) No human excreta shall be deposited, thrown or allowed to escape into the reservoirs or any tributary.

(ii) No human excreta shall be placed or spread upon the surface of the ground at any point on the watershed of the water supply.

(iii) 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 300 feet from the reservoir or within 150 feet of any tributary 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.

(iv) 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 limiting distance specified for the particular zone cannot be obtained, shall be placed as far as possible from the reservoir or tributary and especially constructed of concrete, masonry 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 reservoir or any tributary. All privies or receptacles referred to in this subparagraph shall be constructed or installed only with the approval of the City of Rome.

(v) Whenever, in the opinion of the State Commissioner of Health, excremental matter from any 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 any reservoir or watercourse, the said privy, receptacle, trench or place of disposal shall be removed, after 20 days notice to the owner thereof and an opportunity to be heard, to such place as shall be considered safe and proper by the State Commissioner of Health. Summary action may be taken without notice if, in the opinion of the commissioner, the offending object or structure constitutes an imminent and acute hazard to public health.

(2) Garbage, refuse, etc. No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or parts thereof or any other organic or chemical matter that pollutes water shall be deposited in the reservoirs or tributaries nor on or beneath the surface of the ground within 200 feet of any reservoir nor 50 feet of any watercourse nor in such a manner that it can be washed by rain, melting snow or other means over the surface or through the ground into any reservoir or watercourse.

(3) Bathing. No person or persons shall bathe or swim or be allowed to bathe or swim in any reservoir formed by existing or future water supply dams on Fish Creek nor in any watercourse tributary to Fish Creek, which flows through lands owned by the City of Rome.

(4) Animals. No stable for cattle, horses, barnyard, hog yard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals or water place for animals or poultry shall be maintained in such a way to pollute any watercourse with excremental matter.

(5) Cemeteries. No interment of a human body shall be made within a distance of 200 feet of any reservoir or within a distance of 100 feet of any tributary.

(6) Sewage.

(i) No sewage from an individual residence shall be discharged or allowed to flow into the water supply of the City of Rome or beneath the surface of the ground within 100 feet of the reservoir or Fish Creek or within 50 feet of any tributary. These restrictions and limiting distances shall not apply to sewage disposal works installed under and in accordance with plans which first have been prepared by and installed under the supervision of a professional engineer after approval by the city engineer of the city of Rome. Approval shall be on the basis of standard practice of the New York State Department of Health.

(ii) No sewage, bath water, sink or laundry wastes or polluted liquid of any kind shall be discharged or allowed to flow into the water supply of the city of Rome or beneath the surface of the ground within 100 feet of the reservoirs or Fish Creek or within 50 feet of any tributary, except from an individual residence as provided for under subparagraph (i) of this paragraph or the effluent from the properly constructed and operated sewage treatment plant installed under and in accordance with plans prepared by a professional engineer which first have been submitted to and approved by the State Commissioner of Health. Approval shall be on the basis of standard practice of the New York State Department of Health.

(7) [General clause.] In addition to observing the preceding general rules and specific rules for each zone, all persons living on or visiting the watershed shall refrain from an act, though not actually specified, which may result in contamination of any portion of the water supply.

(e) Specific rules (applicable to zones specified). In addition to the above general rules, the following rules are applicable to the indicated zones, the boundaries of which have been previously delineated:

(1) Zone A.

(i) No boating or fishing of any kind or trespassing shall be allowed in or upon the water or ice of the reservoir or that portion of Fish Creek which flows through lands owned by the city of Rome, except by duly authorized employees of the city of Rome in the performance of their duties of supervision and maintenance of the water supply.

(ii) 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 200 feet of the reservoir or within 200 feet of Fish Creek.

(iii) No sewage shall be deposited on or beneath the surface of the ground within 200 feet of the intake reservoir or of the high-water mark of Fish Creek.

(iv) No bath water, sink or laundry wastes or polluted liquid of any kind shall be discharged or allowed to flow into the reservoir or any tributary nor be deposited beneath the surface or on the surface of the ground within 200 feet of the reservoir or within 200 feet of Fish Creek.

(2) Zone B.

(i) 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 Fish Creek or within 50 feet of any tributary except a watertight receptacle as set forth in subparagraph (iv) of paragraph (1) of subdivision (d) of the general rules, 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 distance above named can be obtained within the limits of such property.

(ii) No sewage shall be discharged or allowed to flow into Fish Creek or any tributary nor deposited beneath the surface or on the surface of the ground within 100 feet of Fish Creek or within 50 feet of any tributary except into watertight receptacles, the contents of which shall be disposed of as provided for by subparagraph (iii) of paragraph (1) of subdivision (d).

(iii) No bath water, sink or laundry wastes or polluted liquid of any kind shall be discharged or allowed to flow into Fish Creek or any tributary nor be deposited beneath the surface or on the surface of the ground within 100 feet of Fish Creek or within 50 feet of any tributary.

(3) Zone C.

(i) 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 Fish Creek or within 25 feet of any tributary except a watertight receptacle as set forth in paragraph (iv) of paragraph (1) of subdivision (d) of the general rules, 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 distance above named can be obtained within the limits of such property.

(ii) No sewage shall be discharged or allowed to flow into Fish Creek or any tributary nor deposited beneath the surface or on the surface of the ground within 50 feet of Fish Creek or within 25 feet of any tributary except into watertight receptacles, the contents of which shall be disposed of as provided for by subparagraph (iii) of paragraph (1) of subdivision (d).

(iii) No bath water, sink or laundry wastes or polluted liquid of any kind shall be discharged or allowed to flow into Fish Creek or any tributary nor be deposited beneath the surface or on the surface of the ground within 50 feet of Fish Creek or within 25 feet of any tributary.

(4) Zone D. In addition to all the general rules, specific rules promulgated by the city of Rome shall apply to this zone which is entirely within city-owned property.

(f) Inspections. The department of public works of the city of Rome or such other person or persons as may be charged with the maintenance or supervision of the water supply or the duly appointed representatives of the department of public works, shall make regular and thorough inspections of the reservoir, watercourses and drainage areas tirbutary thereto for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of said department of public works 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 served do not immediately comply with the rules and regulations, it shall be the further duty of said department of public works to promptly notify the State Commissioner of Health of such violations. The department of public works 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.

(g) Penalty: 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.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 130.1