New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 131 - Onondaga County › Cities › Section 131.1 - City of syracuse, onondaga county

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application. The rules and regulations
					 set forth in this section duly made and enacted in accordance with the
					 provisions of sections 1100-1107 of the Public Health Law shall apply to the
					 source of the public water supply of the City of Syracuse. Said water supply is
					 Skaneateles Lake located approximately 19 miles southwest of the City of
					 Syracuse along NYS Route 20. It is situated within parts of Onondaga, Cayuga,
					 and Cortland Counties. The lake is one of the Central New York Finger Lakes and
					 is a multiple use lake/reservoir with a lake surface area of 13.6 square miles
					 and a watershed land drainage area of 58.9 square miles. The watershed drainage
					 area appears on the 7.5-minute quadrangle maps (revised in 1951) for Marcellus,
					 Skaneateles, Owasco, Spafford, Homer, Sempronius and Otisco Valley. The
					 location of the watershed drainage boundary as it applies to these rules and
					 regulations is determined by Geographic Information System maps maintained by
					 the City of Syracuse. Where there is a discrepancy between the maps and field
					 observations, a site evaluation by designated supplier of water personnel will
					 be the method of verifying this boundary. Their determination shall be final.
					 Maps delineating this boundary can be reviewed at the City of Syracuse Water
					 Treatment Plant, 20 West Genesee Street, Skaneateles, NY, or New York State
					 Department of Health, Bureau of Public Water Supply, Flanigan Square, 547 River
					 Street, Troy, NY 12180-2216.
(b)
					 Definitions.
(1) AA is the water quality
					 classification of Skaneateles Lake as described in 6 NYCRR Part 703 and
					 designated in 6 NYCRR Part 896.
(2)
					 Accessory structure shall mean a detached structure located on or partially on
					 the premises which is not used or not intended to be used for living, sleeping,
					 cooking or eating quarters by human occupants.
(3) Agricultural associated animal waste
					 shall mean manure, including liquid or solid mixtures containing manure,
					 obtained from agricultural activities.
(4) Agricultural activities shall include,
					 but are not limited to, practices that contribute to the production,
					 preparation and marketing of crops, livestock and livestock products as a
					 commercial enterprise, including manure processing and handling, and practices
					 of a commercial horse boarding operation, as defined in section 301 (2) and (13)  of the
					 Agriculture and Markets Law as amended through November 1, 1998.
(5) Aquifer shall mean a consolidated or
					 unconsolidated geologic formation, group of formations or part of a formation
					 capable of yielding a significant amount of groundwater to wells, springs, or
					 infiltration galleries.
(6)
					 Chloride salt shall mean any bulk quantities of chloride compounds or other
					 deicing compounds intended for application to roads, including mixtures of sand
					 and chloride compounds in any proportion where the chloride compounds
					 constitute eight percent or more of the mixture. A bulk quantity of chloride
					 compounds means a quantity of 1,000 pounds or more, but does not include any
					 chloride compounds in a solid form, including granules, which are packaged in
					 waterproof bags or containers which do not exceed 100 pounds each.
(7) Commercial building shall mean a
					 structure which is wholly or partially used or intended to be used for
					 commercial or municipal purposes, including, but not limited to, municipal
					 highway departments and fire departments buildings, marinas, gas stations,
					 stores, markets or shops or any kind, clubs, and car dealerships.
(8) Commissioner of Health unless otherwise
					 noted, shall mean the Commissioner of Health of the State of New
					 York.
(9) Designated representative
					 means the health commissioner or health officer of a city of 50,000 population
					 or over, or the health commissioner or health officer of a county or
					 part-county health district, the state regional health director, or district
					 director having jurisdiction; a public health director or public health
					 engineer qualified as duly appointed pursuant to part 11 of the State Sanitary
					 Code; or a county health commissioner, or county health director having the
					 powers and duties prescribed in section 352  of the Public Health Law, or any other
					 individual so designated by the Commissioner of Health of the State of New
					 York.
(10) Developer shall mean a
					 person, partnership, corporation, or other legal entity undertaking or
					 participating in any development. Development shall refer to the construction
					 of any dwellings, commercial buildings or site improvements.
(11) Disposal shall mean the discharge,
					 deposit, injection, dumping, spilling, leaking, or placing of any solid waste,
					 radioactive material, hazardous waste, or wastewater into or on any land or
					 water so that such solid waste, radioactive material, hazardous waste, or
					 wastewater shall remain on the land or water and will not be removed.
(12) Dwelling shall mean any building or
					 structure which is wholly or partly used or intended to be used for living,
					 sleeping, cooking, or eating quarters by human occupants.
(13) Environmental assessment form (EAF)
					 shall mean the form used by an agency to assist it in determining the
					 environmental significance of actions as defined in 6 NYCRR Part 617.
(14) Farm is defined as land used in a single
					 operation for the production for sale of crops, livestock or livestock products
					 of an average (over the past two years) gross sales value of $10,000 or
					 more.
(15) Fertilizer shall mean
					 any commercially produced mixture generally containing phosphorous, nitrogen,
					 or potassium, and which is applied to the ground to increase nutrients to
					 plants.
(16) Flood plain (100-year)
					 shall mean the land contiguous to streams, ponds, estuaries, and lakes which
					 would be inundated by a flood having a one percent chance of being equaled or
					 exceeded in any given year.
(17)
					 Groundwater shall mean any water beneath the land surface in the saturated
					 zone.
(18) Hazardous material shall
					 mean any substance listed in or exhibiting characteristics identified in either
					 6 NYCRR Part 371 or 6 NYCRR Part 597.
(19) Herbicides shall mean any substance or
					 mixture of substances intended for preventing, destroying, repelling, or
					 mitigating any vegetation, and being those substances defined as herbicides
					 pursuant to section 33-0101  of the Environmental
					 Conservation Law.
(20) Human
					 excreta shall mean human feces and urine.
(21) Junkyard is a solid waste management
					 facility as defined in 6 NYCRR section 360-1.2(b)(15) and (16).
(22) Lake shall mean Skaneateles
					 Lake.
(23) Linear distance shall
					 mean the shortest horizontal distance from the nearest point of a structure or
					 object to the high water mark of the lake, which is City of Syracuse datum
					 863.27 feet above sea level, or to the edge, margin, or steep bank forming the
					 ordinary high water mark of the lake or watercourse.
(24) Manure shall mean animal feces and
					 urine.
(25) Non-agricultural
					 associated animal waste shall mean manure obtained from non- agricultural
					 sources.
(26) Non-point discharge
					 shall mean any source of water pollution or pollutants which is not a discrete
					 conveyance or point source permitted pursuant to title 7 or 8 of article 17 of
					 the Environmental Conservation Law.
(27) NYSDEC shall mean the New York State
					 Department of Environmental Conservation.
(28) NYSDOH shall mean the New York State
					 Department of Health.
(29) Open
					 storage shall mean the holding of any material in such a way that the material
					 is exposed to the elements of nature.
(30) Pail service. This service has been in
					 existence since approximately 1916 to service those residences that were
					 limited by physical constraints from installing onsite wastewater treatment
					 works. Pail service shall mean the collection of containerized human waste from
					 privies. This service is provided by the City of Syracuse. Steel containers are
					 supplied to residences that are currently receiving service. The containers,
					 when full, are collected by City personnel and emptied into a concrete holding
					 tank on City owned property in the Town of Sempronius, Cayuga County. The
					 storage and transport of this waste are permitted by the NYS Department of
					 Environmental Conservation under 6 NYCRR Parts 360 and 364. Pumping of the
					 holding tank is done as needed by a licensed waste hauler as required by 6
					 NYCRR Part 364.
(31) Pesticide
					 shall mean any substance or mixture of substances intended for preventing,
					 destroying, repelling, or mitigating any pest, and any substance or mixture of
					 substances intended for use as a plant regulator, defoliant, or desiccant, and
					 being those substances defined as pesticides pursuant to section 33-0101 et
					 seq. of the Environmental Conservation Law.
(32) Point source discharge shall mean
					 pollutants discharged from a point source as defined in section 17-0105  of the Environmental
					 Conservation Law.
(33) Privy shall
					 be as defined in the NYSDOH publication, Individual Residential Wastewater
					 Treatment Systems Design Handbook (1996).
(34) Protection zone shall mean any of the
					 watershed management zones, zones I, II and III as described in paragraphs
					 (54)-(56) of this subdivision.
(35)
					 Radioactive material shall mean any material in any form that emits radiation
					 spontaneously, excluding those radioactive materials or devices containing
					 radioactive materials whose receipt, possession, use, and transfer are exempt
					 from licensing and regulatory control pursuant to regulations of the New York
					 State Department of Labor or United States Nuclear Regulatory
					 Commission.
(36) Radiation shall
					 mean ionizing radiation; that is, any alpha particle, beta particle, gamma ray,
					 x-ray, neutron, high-speed proton, and any other atomic particle producing
					 ionization, but shall not mean any sound or radio wave, or visible, infrared,
					 or ultraviolet light.
(37)
					 Recyclables handling and recovery facility shall mean a solid waste management
					 facility, other than a pickup or transfer vehicle, at which recyclables are
					 separated from the solid waste stream, or at which previously separated
					 recyclables are collected for storage, or off-site shipment as defined in
					 section 27-0701 et seq. of the Environmental Conservation Law and 6 NYCRR Part
					 360.
(38) Septage shall mean the
					 contents of a septic tank, cesspool, or other individual wastewater treatment
					 work, which receives domestic sewage wastes.
(39) Silviculture shall mean the art, science
					 and practice of controlling the establishment, growth, composition, health and
					 quality of forests and woodlands to meet the diverse needs and values of
					 landowners and society on a sustainable basis.
(40) Sludge shall mean the solid, semi-solid,
					 or liquid waste generated from a waste processing facility, but does not
					 include the liquid stream of effluent.
(41) Solid waste shall mean all putrescible
					 and nonputrescible materials or substances discarded or rejected as being
					 spent, useless, worthless or in excess to the owners at the time of such
					 discard or rejection, including but not limited to garbage, refuse, industrial
					 and commercial waste, sludges from air or water control facilities, rubbish,
					 ashes, contained gaseous material, incinerator residue, demolition and
					 construction debris, discarded automobiles and offal but not including sewage
					 and other highly diluted water carried materials or substances and those in
					 gaseous form, and being those wastes defined as solid waste pursuant to section
					 27-0701 et seq. of the Environmental Conservation Law and 6 NYCRR Part
					 360.
(42) Solid waste management
					 facility shall mean any facility employed beyond the initial waste collection
					 process, including, but not limited to, transfer stations, bailing facilities,
					 rail haul or garbage haul facilities, processing systems, including resource
					 recovery facilities or other facilities for reducing solid waste volume,
					 sanitary landfills, facilities for the disposal of construction and demolition
					 debris, plants and facilities for compacting, composting, or pyrolization of
					 solid wastes, incinerators, and other solid waste disposal, reduction, or
					 conversion facilities, as defined in section 27-0701 et seq. of the
					 Environmental Conservation Law and 6 NYCRR Part 360.
(43) Spill shall mean any escape of a
					 substance from the containers employed in storage, transfer, processing, or
					 use.
(44) State Pollutant Discharge
					 Elimination System (SPDES) shall mean the system established pursuant to
					 article 17, title 8 of State Environmental Conservation Law for issuance of
					 permits authorizing discharges to the waters of the State of New
					 York.
(45) Stormwater runoff
					 recharge basin shall mean a man-made device capable of retaining surface water
					 runoff to induce groundwater infiltration.
(46) Subdivision shall mean any tract of land
					 which is divided, after the effective date of this Part, into two or more lots,
					 plots, sites or other division of land for the purpose of sale or rent, or
					 development regardless of whether the lots, plots or sites to be sold or
					 offered for sale, or leased or rented for any period of time, are described by
					 metes and bounds or by reference to a map or survey of the property or by any
					 other method of description.
(47)
					 Supplier of water shall mean the City of Syracuse, a municipal corporation,
					 organized and existing under the laws of New York State, and having offices at
					 City Hall, Syracuse, NY 13202. The City of Syracuse is the owner and operator
					 of the public water supply facilities located within the watershed protection
					 zones as described in paragraphs (55)-(57) of this subdivision.
(48) USDA NRCS shall mean the United States
					 Department of Agriculture Natural Resources Conservation Service.
(49) Wastewater shall mean aqueous carried
					 waste including, but not limited to, dredge spoil, solid waste, hazardous
					 waste, incinerator ash residue, septage, garbage, refuse, sludge, chemical
					 waste, infectious waste, biological material, radioactive materials, heat, and
					 industrial, municipal, and agricultural waste.
(50) Wastewater treatment works shall mean
					 any treatment plant, sewer, disposal field, lagoon, pumping station, septic
					 system, collection or distribution pipe, on-site disposal system and seepage
					 unit, or other work installed for the purpose of transport, treatment,
					 neutralization, stabilization, storage, or disposal of wastewater.
(51) Watercourse shall be considered "waters"
					 or "waters of the state" as defined in section 17-0105  of the Environmental
					 Conservation Law and further described as being annual or perennial, influent
					 or effluent, continuously or intermittently flowing and include those
					 classified in 6 NYCRR Part 896. The banks of such watercourse shall be
					 identifiable, i.e., defined bed, banks, gullies, ravines, etc., that are
					 capable of, and do under normal conditions, carry water in a manner described
					 above. Road ditches and shallow land depressions generally referred to as
					 grassed waterways, swales, etc., that carry water only immediately (a few to
					 several hours) after a runoff producing event are not considered a watercourse.
					 A map delineating the watercourses of the watershed can be reviewed at the City
					 of Syracuse Water Treatment Plant at 20 West Genesee St., Skaneateles, NY, and
					 the New York State Department of Health, Bureau of Public Water Supply,
					 Flanigan Square, 547 River Street, Troy, NY 12180-2216. Where there is a
					 discrepancy between the maps and field observations, a site evaluation by
					 designated supplier of water personnel will be the method of verifying whether
					 or not a particular channel is a watercourse. Their determination shall be
					 final.
(52) Watershed shall mean
					 that land area which contributes water to the lake, watercourse, aquifer, or
					 aquifer recharge area and shall include the three designated protection zones
					 known as zone I, zone II, and zone III as described in paragraphs (57)-(59) of
					 this subdivision.
(53) Watershed
					 protection zone shall mean the land area, known as zone III, which is tributary
					 to zones I and II described in paragraph (59) of this subdivision and is the
					 tributary surface area from which the lake, watercourse, and aquifer are
					 replenished by runoff. Maps delineating this zone can be reviewed at the City
					 of Syracuse Water Treatment Plant, 20 West Genesee Street, Skaneateles, NY, New
					 York State Department of Health, Bureau of Public Water Supply, Flanigan
					 Square, 547 River Street, Troy, NY 12180-2216.
(54) Water supply shall mean the public water
					 supply of the City of Syracuse.
(55) Water supply protection zones shall mean
					 the lake surface areas known as zones I and II described in paragraphs
					 (57)-(58) of this subdivision. Maps delineating these zones can be reviewed at
					 the City of Syracuse Water Treatment Plant, 20 West Genesee Street,
					 Skaneateles, NY, and, New York State Department of Health, Bureau of Public
					 Water Supply, Flanigan Square, 547 River Street, Troy, NY 12180-2216.
(56) Whole Farm Planning Program, established
					 by the Supplier of Water and known as the Skaneateles Lake Watershed
					 Agricultural Program (SLWAP), shall mean that program designed to implement
					 management practices on farms (farms as described in paragraph [14] of this
					 subdivision) in order to eliminate or minimize sources of non-point source
					 pollution. Under this program a specific plan is developed for each farm by
					 SLWAP in accordance with the USDA - NRCS Conservation Practice Standard code
					 NY312 (January 8, 1999) and the plan is accepted by the farmer. A copy of the
					 plan is on file at the SLWAP office, 2571 Route 11, Suite 3, Lafayette, NY
					 13084.
(57) Zone I shall mean the
					 area within a 500-foot radius of the water supply intakes.
(58) Zone II shall mean the entire lake
					 surface area excluding zone I.
(59)
					 Zone III shall mean the entire tributary watershed to the lake, watercourse,
					 aquifer or aquifer recharge area.