I HEREBY CERTIFY the attached amendments to repeal existing

section 104.1 and add a new section 104.1 to Part 104 of Subchapter A of

Chapter III of Title 10 (Health) of the Official Compilation of Codes, Rules

and Regulations of the State of New York, pursuant to the authority vested in

the Commissioner of Health by section 1100 of the Public Health Law, to be

effective upon filing with the Secretary of State.

PRIOR NOTICE OF this action, required under the Administrative

Procedure Act was published in the New York State Register on September

26, 1984.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the

seal of the New York State Department of Health to be affixed this 21st

day of November 1984.

David Axelrod, M.D.

COMMISSIONER OF HEALTH

PAGE 1

Pursuant to the authority vested in the Commissioner of

Health by Section 1100 of the Public Health Law, section 104.1 of Part

104 of Title 10 (Health) of the Official Compilation of Codes; Rules and

Regulations of the State of New York is hereby repealed, and a new

section 104.1 is added thereto, to be effective upon filing with the

Secretary of State, to read as follows:

Section 104.1 City of Auburn and Town of Owasco, Cayuga

County.

(a) Application. The rules and regulations set forth in

this section, duly made and adopted in accordance with the provisions of

Sections 1100-1107 of the Public Health Law, shall apply to Owasco Lake

and its tributaries, which is a source of the public water supply for

both the City of Auburn and the Town of Owasco, Cayuga County, New York,

and to all watercourses tributary thereto or which may ultimately

discharge into said lake.

(b) Definitions.

(1) Agricultural associated animal waste shall mean manure

obtained from agricultural industries.

(2) Agricultural associated animal waste area shall mean

land used for the deposition of agricultural associated animal waste on

the surface of the ground for fertilization purposes.

(3) Agricultural associated animal waste storage area

shall mean land used for the temporary or permanent deposition of

agricultural associated animal waste where said deposition is not

directly for the purpose of fertilization.

(4) Chloride salt shall mean the solid compounds or

solutions of potassium chloride (commonly used as fertilizer), calcium

chloride (commonly used for winter-road maintenance) or sodium chloride

(commonly used for water-softener regeneration).

(5) Herbicide shall mean any substance used to destroy or

inhibit plant growth.

(6) Human excreta shall mean human feces and urine.

(7) 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 metalD glass, fabric andlor the like.

(8) Lake shall mean Owasco Lake.

(9) Linear distance shall mean the shortest horizontal

distance from the nearest point of a structure or object to the optimum

high water mark of the lake or to the edge, margin or precipitous bank

forming the optimum high water mark of a water course.

(10) Manure shall mean animal feces and urine.

(11) Nonagricultural associated animal waste shall mean

manure obtained from nonagricultural industries.

(12) Optimum high water mark shall mean 717.13 feet above

sea level using United States Geological Survey datum.

(13) Pesticide shall mean any substance used to destroy or

inhibit pests such as rodents and insects.

(14) Pollutant shall mean dredge, spoil, solid waste,

incinerator residue, sewage, garbage, sewage sludge, chemical waste,

biological materials, radioactive materials, heat, wrecked or discarded

equipment, rock, sand, cellar dirt, industrial and municipal waste and

agricultural and nonagricultural associated animal waste.

(15) 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.

(16) Radioactive material shall mean any material in any

form that emits radiation spontaneously.

(17) Refuse shall mean all putrescible and nonputrescible

solid wastes including garbage, manure, rubbish, ashes, incinerator

residue, street cleanings, dead animals, offal and solid commercial and

industrial wastes.

(18) 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 agricultural associated animal wastes resulting from the operation

of such farm are deposited.

(19) Sewage shall mean any liquid or solid waste matter

from a domestic, commercial, private or industrial establishment which is

normally carried off in sewers or waste pipes.

(20) Sewage disposal system shall mean any system used for

disposing of sewage, and includes treatment works.

(21) Toxic substance shall mean any toxic substance as so

defined by subdivision two of Section 4801 of the Public Health Law.

(22) Treatment works shall mean any treatment plant, sewer,

disposal field, lagoon, pumping station, septic system, constructed

drainage ditch or surface water intercepting ditch, incinerator, area

devoted to sanitary landfills or other works not specifically mentioned

in this paragraph, installed for the purpose of treating, neutralizing,

stabilizing, or disposing of sewage.

(23) Watercourse shall mean every spring, stream, marsh or

channel of water of any kind numbered on the latest Owasco Lake Watershed

Base Map of the Central New York Regional Planning and Development Board.

(24) Watershed shall mean the entire drainage area

contributing water to Owasco Lake.

(25) Water supply shall mean the public water supply of

both the City of Auburn and Town of Owasco, New York, from Owasco Lake.

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 of Title

10 (Health) of the Official Compilation of Codes, Rules and Regulations

of the State of New York (10 NYCRR Part 170).

(d) Specific prohibitions.

(1) Agricultural associated animal waste area. No

agricultural associated animal waste area shall be located within a 250

foot linear distance of the lake or watercourse. Beyond that distance

such area shall be maintained in such manner that surface run-off will

not carry agricultural associated animal waste directly into the lake or

watecourse.

(2) Cemeteries. No interment of a human body shall be made

within a 250 feet linear distance of the lake or watercourse.

(3) Chloride salt. No chloride salt shall be stored

within a 500 feet linear distance of the lake or watercourse except in

weatherproof buildings or watertight vessels.

(4) Herbicides and pesticides. No herbicides or pesticides

shall be stored, discharged, applied or allowed to enter into the lake or

watercourse unless a permit to do so has been obtained from the appropriate

State agency having jurisdiction.

(5) Human excreta and sewage.

(i) No human excreta or sewage shall be deposited or

allowed to escape into Owasco Lake or any watercourse on the watershed.

(ii) No human excreta or sewage shall be deposited or

spread upon the surface of the ground at any point on the watershed.

Composted sludge, pursuant to a permit issued by an appropriate State or

local agency having jurisdiction, if any, shall be allowed.

(iii) No human excreta or sewage shall be buried in soil

on the watershed unless deposited in trenches or pits at a linear

distance of not less than 250 feet from the lake or watercourse with a

minimum vertical distance of five feet from the bottom of any trench or

pit to groundwater and covered with not less than one foot of soil in

such a manner as to effectually prevent its being washed into the lake or

watercourse by rain or melting snow.

(iv) No privy receptacle or facilities of any kind for the

deposit, movement, treatment or storage of human excreta or sewage shall

be constructed, placed, maintained or allowed to remain within a 100 foot

linear distance of the lake or watercourse except (a) watertight

receptacles; (b) 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 facilities; and (c) a properly

designed, constructed and operated treatment works that has been approved

by the appropriate State agency having jurisdiction over such facility.

(v) No portion of the seepage unit (tile field, seepage

pit or equivalent) of a subsurface sewage disposal system shall be

constructed. placed or rebuilt within a 100 foot linear distance of the

lake or watercourse. All systems constructed must have a vertical

distance of at least two feet from the lowest portion of the system to

the high water mark. An exemption may be granted by the County Health

Department for the repair of an existing system within 100 linear feet of

the lake or watercourse.

(vi) Every watertight receptacle used for containing human

excreta or sewage shall be emptied when the receptacle is filled to

within six Inches of the top.

(vii) In emptying a watertight receptacle or in

transferring its contents to a transportable receptacle, all necessary

care shall be exercised to prevent contamination of the lake or

watercourse. All such transportable receptacles shall be provided with

drip-proof connections and tight-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 subparagraph (iii) of this paragraph 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.

(viii) 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** waste treatment works are published from time to time by

the appropriate State agency having jurisdiction over such facility and

subparagraph (v) of this paragraph shall comprise the criteria to approve

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Penciled notes:

* Cay Co health representing NYS Comm of Health

** Appendix 75-A

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Page 6

any proposed sewage disposal system.

(ix) When an existing subsurface sewage disposal system

fails, the entire system must be inspected and the site thoroughly

evaluated in a manner acceptable to the appropriate State or county

health agency having jurisdiction over such facility, prior to

modifications or alterations to the existing system.

(x) No sewage or polluted liquid of any kind shall be

discharged or allowed to flow beneath the surface of the ground on the

watershed except into watertight pipes connected to a sewage disposal

system or holding tank approved in accordance with subparagraph (iv) of

this paragraph.

(xi) In-house composting facilities of the type that make

use of human excetra, washwaters and sink wastes will be acceptable

provided that properly designed systems for the disposal of gray water

are included within the plans for, their construction and are approved by

the appropriate State or county health agency having jurisdiction over

such facilities.

(6) Junkyards. No junkyard shall be permitted within a

100 foot linear distance of the lake or watercourse.

(7) Manure. Manure shall not be field spread within 75

feet of the lake or watercourse unless it is plowed underground on the

same day it is spread.

(8) Radioactive material. No radioactive material of any

quantity shall be buried or in any other manner disposed of within the

Owasco Lake watershed.

(9) Refuse. No refuse shall be deposited on or beneath

the surface of ground within a 250 feet linear distance of the lake or

Page 8

watercourse.

(10) Refuse disposal area. No new refuse disposal areas

shall be located within 500 feet of the lake or watercourse. All refuse fuse

disposal areas on the watershed shall comply with the regulations

governing their operation as outlined by Part 360 of Title 6 of the

Official Compilation `of Codes, Rules and Regulations of the State of New

York.

(11) Structures. No hut, tent, shelter or building of any

kind, except a waterworks structure, shall be permitted on the water or

ice within 500 feet of any water supply intake by either the City of

Auburn or the Town of Owasco.

(12) Toxic substances. No container used for the storage of

toxic substances shall be buried beneath the surface of the ground within

a 500 foot linear distance of the lake or watercourse, except as

otherwise permitted by the provis'ions of subparagraph (x) of Paragraph

(5) of this subdivision.

(13) Other wastes. No pollutant of any kind shall be

discharged, deposited, or allowed to flow into the lake or watercourse or

on or beneath the surface of the ground or watershed within 500 feet of

the lake or watercourse, except as otherwise permitted by the provisions

of subparagraph (x) of paragraph (5) of this subdivision.. This

restriction shall not apply to the effluent from a treatment works

installed in accordance with plans which first have been submitted to and

approved by the appropriate State agency having jurisdiction over such

facilities.

(e) Inspection. The Mayor and Council of the City of

Auburn and the Town Board of the Town of Owasco or any person or persons

Page 9

charged with the maintenance or supervision of the public water supply

system shall by its officers or their duly appointed representative make

regular and thorough inspections of the reservoir, watercourses and

watershed to ascertain compliance with the rules and regulations set

forth in this section. It shall be the duty of the aforesaid local

governments 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 Imediately comply with the

rules and regulations, it shall be the further duty of the aforesaid

local governments to promptly notify the State Commissioner of Health of

such violations. The aforesaid local governments 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 inspections which

were made, the number of violatiens found, the number of notices served,

the number of violations abated and the general condition of the

watershed at the time of the last inspection.

(f) Penalties for Violations. Penalties for violations of

this section shall be those specified by Section 1103 of the Public

Health Law.