N.Y. Comp. Codes R. & Regs. tit. 10, § 125.1
(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.
(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.
(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.
(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.
(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.
(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.