requested applicable docun1entation · \ kuder island colony, inc. october 31. 2014 mayor joe sack...

$: Requested Applicable Docun1entation · \ KUDER ISLAND COLONY, INC. October 31. 2014 Mayor Joe Sack and Rye City Council Rye City Hall I 051 Boston Post Road Rye. New York 10580 Re:$
Kuder Island Colony, Inc. Requested Applicable Docun1entation

" \ KUDER ISLAND COLONY, INC.

October 31. 2014

Mayor Joe Sack and Rye City Council Rye City Hall I 051 Boston Post Road Rye. New York 10580

Re: Hen Island

Dear Mayor Sack and City Council.

P.O. Box 766 Rye, New York l 0580

Thank you again for joining us for the tour of our beautiful community on September 61h. During the

tour, some ofthe council members requested that we forward applicable documentation from the City of Rye. Westchester County Department of Health (\VCDOH) and New York State agencies confirming that there are no health related violations with regard to our rainwater collection systems. sewage systems and mosquito control. Council members also requested documents confirming that our existing sanitary facilities pre-date the Westchester County Sanitary Code and that they are not in violation. Therefore. we are providing the following chronological summary with each item indexed. where applicable. to attached documentation:

I. On August 5, 1993. the City of Rye Zoning Board of Appeals granted a variance to the Volpe family to reconstruct their cottage that had been destroyed in a winter storm. In the determination. it was noted that "the County Board of Health will allow and accept the sanitary facilities (tank) as they exist on this lot and throughout Hen Island."

2. On September 25. 2007. the Deputy Commissioner of WCDOH. Leonard Meyerson. wrote a letter to Ray Tartaglione stating that "the failure to abate the mosquito population present at Hen Island is not in violation of our Sanitary Code." The letter also states that "several ofthe sewage disposal systems on the island were inspected. As the systems pre-exist the County's Sanitary Code. said systems are violative of the Code only if the systems seep or overflow." Therefore, WCDOH concluded that "there were no violations of the county's sanitary code that would prompt our intervention.''

3. On February 28. 2008, WCDOH responded to an inquiry regarding the installation of an Environmentally Friendly Toilet (EFT) in conjunction with the reconstruction of a camp cottage. The WCDOH response was a letter stating that "no Westchester County Department of Health approvals are required" for the installation of the EFT or to tic into the existing gray water system.

4. On May 8, 2008, the New York State Department of Environmental Conservation (NYSDEC) inspected Hen Island and issued a report on August 15. 2008. The report states that the inspector was advised by the complainant that he. the complainant. "had been told by WCDOH that the systems were not illegal." The report further states that the inspector contacted the Deputy Commissioner of the WCDOH who confirmed that "the systems were not unlawful. •· The

October 31,2014 Page2

inspector also contacted the NYSDEC Division of Water and was advised that ··if there is not septage observed flowing on the ground into the Sound. there is no violation:· Lastly, the Westchester County Environmental Crimes Unit was also consulted and they determined that ''there were no violations" based on the inspectors description.

5. On May 8, 2009. WCDOH responded to an inquiry from Mr. Frank Culross. Acting City Manager, about "alleged health code violations" and reminded him that "the same issues were brought to the Health Department's attention in July 2007. Inspections conducted that summer revealed no sanitary code violations." The letter went on to state that "Health Department staff inspected the entire island on Friday April 24. 2009." No violations were identified as a result of this inspection. The letter noted that two plywood covers on sewage disposal systems must be replaced with permanent covers. The two covers were immediately replaced.

6. On June 16, 2009, WCDOH responded to Mr. Tartaglione and informed him that "nothing in the Westchester County or New York State Sanitary Codes prohibits cisterns". The letter also states that "Based on your series of complaints, our inspectors will re-inspect the entire island including the cottages you have advised us about when they conduct unannounced weekend inspections this summer and will address any code violations promptly.'' Special weekend inspections were scheduled because Mr. Tartaglione claimed the sewer usage was higher on the weekends.

7. On June 27. 2009. July 18, 2009 and September 19. 2009. a Senior Sanitarian from the WCDOH performed unannounced weekend inspections of Hen Island and no violations were reported.

8. On July I. 2009. WCDOH responded to an inquiry regarding the installation of an Environmentally Friendly Toilet (EFT) in conjunction with the renovation of a camp cottage. The WCDOH response was a letter stating that "no Westchester County Department of Health approvals are required" for installation of an EFT, to tie into the existing gray water system and to use the existing rainwater collection system.

9. On July 7. 2009. WCDOH responded to Mr. Tartaglione and stated that "Composting toilets are listed as an acceptable system by NYS Department of Health and are not under the jurisdiction of this department."

10. On March 22. 2010, WCDOH documented in a letter to Kuder Island Colony that "there are no existing Westchester County Sanitary Code violations at Hen Island ... "

II. On April 27. 2010. Mayor Doug French responded to an inquiry regarding the City of Rye providing health related services. The letter states that "It is the long-standing policy ofthe City ofRye ... to have the County of Westchester provide these services. The County has the expertise and resources to provide these services much more efficiently than the cost burden it would add to Rye City taxpayers if the City were to take on those added responsibilities and staffing.''

12. In 2012, the City of Rye requested that Hen Island install Environmentally Friendly Toilets (EFTs) and we complied in an effort to be cooperative with the city. In a March 30. 2012 response to our inquiry regarding the need for permits. WCDOH stated that "such installation of [EFTs] does not require a permit from this Department" and "the Department does not approve nor disapprove such installation .. :·

13. The Rye Building Inspector. Maureen Eckman confirmed to us verbally on May 8. 2012 that there are no approvals or permits required by the City of Rye for these installations.

14. On May 22. 2012. members of the Kuder Island Board of Directors met with the NYS Department of Environmental Conservation. NYS Department of State (NYSDOS) and NYS Department of Health (NYSDOH). After a lengthy meeting. it was determined by all state agencies that Hen Island is not in violation ofNYC Health or Sanitary Code and NYS would not

October 31, 2014 Page 3

take any action. This was confirmed in a phone conversation with the NYSDOH who indicated that the installation of composting toilets would be a good practice. It was also confirmed in a phone conversation with NYSDEC, that the DEC believes that they have no further jurisdiction absent the viewing of an actual discharge of septic waste into the Long Island Sound from the island.

15. On August 8, 2012, WCDOH sent a letter to Kuder Island Colony documenting a mosquito inspection that was performed on July 19, 2012. The letter stated that "Most of the home sites were found to be free of potential breeding areas." The letter noted that several cisterns needed to be properly covered. Those cisterns were immediately covered. The inspector also noted "All cisterns in good condition with adequate coverings were found to be free from mosquito larvae."

16. On September 15, 2012 Kuder Island and WCDOH made arrangements to have another inspection. Kuder Island invited all shareholders to participate in the inspection in a cooperative effort to improve mosquito control on the island. Notably absent was Mr. Tartaglione who had filed the complaint. As indicated in the attached letter to the WCDOH. the inspector noted that all the issues identified in the previous inspections had been properly addressed and that the shareholders had done an excellent job in eliminating possible mosquito breeding areas. The inspector indicated that given the predominantly salt water environment and lack of potential breeding areas on Hen Island that it is likely that the fresh water mosquitoes infected by West Nile Virus are being blown in from the mainland. He also indicated that the rain water collection systems on the island have no impact on mainland mosquito populations.

17. On July 18, 2013, August 8. 2013. August 22. 2013. September 6. 2013 and September 23. 2013 WCDOH performed mosquito inspections on Hen Island. The inspection reports verify that almost all of the cisterns are properly covered or sealed with the exception of a few minor items that were immediately corrected. The inspections also indicated that almost no standing water was observed.

Hen Island is a peaceful, natural, minimally-developed campsite environment. We consider ourselves to be dedicated stewards of our environment and to be good neighbors. Please contact us if you have any questions regarding the information provided and thank you once again f(lr taking the time to visit Hen Island.

Sincerely.

Board ofDirectors Kuder Island Colony Inc.

cc: Mr. Frank Culross- Rye City Manager Ms. Kristen Wilson- Harris Beech PLLC

Attachments

CITY OF RYE ZONING BOARD OF APPEALS

-------------------r----- ------.-----IN THEiMATTER OF THE APPLICATION

\

OF I

EDWARD\A· VOLPE, Owner \ APPLICATION NO.

93-22 I i I

PROPERfY LOCATION: Hen Island Rye, New York

T.A.M.( 159.05, Block 1, Lot 1 (20 of 35) I

------1---------------------------------Mt. Edward Volpe is the owner of a cottage on Hen Isla~d. I

The application is unopposed and seeks to replace and reconstruct I

a cott+ge destroyed by the storm of December 11, 1992.

A~ stated in an earlier decision of this Board, in In ~e I

Santan~elo (89-37, Decision dated November 9, 1989): "Hen I~land I :

is an anomalous part of Rye, so much so that it is difficult to I . I

know how, or even whether, various provisions of Lhe City Cpde I

should;be applied." !

The Santangelo opinion stated further:

Hen Island is owned by Kuder Island colony, Inc. (hereinafter called "Kuder Corporation"). The island comprises 34 camp cottages, with appurtenances such as docks and storage sheds. The cottages are individually owned, each owner is a licensee of and a shareholder in Kuder Corporation. The board of directors of Kuder Corporation controls developments and lmpL-ovements on lien Island by means of provisions in its by-luws, rules and regulations. Hen Island has no electricity or gas supply, no ~aLer supply, no sewer, no municipal trash removal or sanitation service, no effective protection services, and very little connection with ttw rest of Rye. - ·

T~is matter was presented at the Board's meeting heLd on

April ~2, 1993. Testimony and evidence were submitted ir1 support I

of the)applicatlon, without opposition. Members of the Board

therea~ter inspected the property.

I~ was testified that the applicant has owned the cottage

for ov~r 8 years. It was also testified that Lhe applicant'$

cottag~ had been an approximately 16 feet x 20 feet one story

structure resting 6 feet above the high water mark with no other I

foundation but cement blocks every several feet. After the storm I ' I

of Dec~mber 11, 1992, essentially nothing of the structure of the I

cottage remained except debris. While the applicant had I .

initia~ly sought to rebuild a larger structure, for the purposes !

of thi~ application, the applicant has limited and reduced his i I

! request to replacement of the exact footprint of the former

I structpre at 10 feet above the high water mark rather than the 18

! .

feet r~quired by Code Section 100-5. '

Furthermore, the applicant's proposed replacement structure I

has already been approved by the Planning commission, pursuant to I

Chapte~ 195 of the City Code. In addition, il was noted that the

i Count~ Board of Health will allow and accept the sanitary

r

facililties (tank} as they exist on this lot and throughout Hen !

Island.

~pplicant testified that raising the struc:ure above the '

propo~ed 10 feet grade would be practically infeasible and that I

putting the cottage on stilts would be obtrusive to the neighbors

on Hen Island and the American Yacht Club and ;.;ould, instead, i

negat~vely affect property values. l

~ccordingly, the Board grants the relief requested and

necesfary to dispose of this application. A variance is granted

with regard to the flood plan management requirement of ruising !

the structure so as to comply with Section 100-5 {A) (2). A

short1form environmental assessm~nt form (SEQR fcrm 14-16-4

i 92/87)) has been included in the record on tr1is application, and

' I

no further EIS is required in connection with this decision. I

As provided in Section 100-8.A., the Board makes the i I

follo~ing required findings: ! : (a) That there is good and sufficient cause for

grant~ng the variance.

1 (b) That the failure to grant Lhe variance will result in exdeptlonal hardship to the property owner in that such failu~e will deprive the owner of any reasonable use of his or her l~nd or buildings and that the relief granted is the minimum neces~ary, considering the flood hazard, to mitigate the hardsllip.

I I t (c) That the granting of the variance will not Ljesult

in inclreased flood heights, additional threats to public safety or ext~aordinary public expense, create nuisances, cause fr.aud on or vic~imizatlon of the public or conflict with existing l~cal laws o~ ordinances or diminish the environmental benefits of natura~ floodplains, wetlands ·or environmentally sensitive areas or con~itions.

I

i (d) That the variance, as granted, ~iil not result in any inbrease in flood elevations in the City cf Rye during the occurrbnce of the base flood discharge.

I i

Ih accordance with Section 100-B.B., the Board notes that I I

\ "The construction of a structure belv.-: the elevation of the base flood will result in increased premium rates for flood insurahce up to amounts as high as twenty-five dollars ($25.00) for on~ hundred ($100.00} of insurance coveragR and will increase

I

the ri~k to life and property."

Dated: I Rye, New York August 5, 1993 i ~ {J .

_ __.,kl~·/_1./!I.LT& ~- . .;;;udj·(_t_--tA..<J ·Annette L. Gu.ar1no

For The Board of Appeals

,..., \ I

Andrew ,J. Spano County Executive

Department of He::!th

Joshua Lip~man. M.D .• J.D. M P.H Comrni:.si<:ner

September 25, 2007

Mr. Ray Tartaglione 101 Westmoreland Avenue White Plains, NY 10606

Re: Hen Island Rye, New York

Dear Mr. Tartaglione:

Please accept this letter in response to your letter dated August 3, 2007 that was addressed to both myself and Mr. Vince Tamburro, the Building Inspector for the City of Rye.

As you are aware, representatives of the Westchester County Department of Health conducted inspections at Hen Island on July 17. 2007, August 7. 2007 and August 27, 2007. Your August 3, 2007 letter raises a number of concerns regarding potential public health and building code violations at Hen Island, however, I will respond only to the issues that you have raised which are with!n the jurisdiction of the Department of Health and will defer the remaining issues to the Rye Building Department. Specifically, I will address your concerns about mosquitoes, septic and sewage issues, and potable water.

Based upon the inspections that have been conducted, the mosquito population at Hen Island is what you would expect to find in a location adjacent to salt marshes. The mosquito species that breeds in this environment is predominantly ochlerotntus so/licitans, and while they are a nuisance to humans, the species is part of the natural eco-system in salt marshes and has not been associated with the spread of West Nile virus and, thus, is not the focus of the Health Department's attention.

145 llugue110t Stree[, flth Floor Nuw Rochelle.l"ew York 10801 W~:bs1te: westchestergov.com

Mr. Tartiglione September 25, 2007 Page 2

Your letter also makes reference to Section 873.831 (7) of tile Westchester County Sanitary Code. To our knowledge, the "elimination·· clause of this provision has never been applied to mosquitoes and the failure to abate the mosquito population present at Hen Island is not a violntion of our Sanitary Code In order to limit further mosquito breeding, the Departme:1t ljpically advises ttlat the open containment of stagnant ponded water be avoided.

With respect to your concerns about sewage systems on the Island, during the Health Department's visits to the site, several of the sewage disposal systems on the island were inspected. The systems inspected pre-exist the County's Sanitary Code and appear to be used infrequently. As the systems predate the Sanitary Code, said systems are violative of the Code only if the systems seep or overflow. As the County inspectors did not find any evidence of sewage seepage or overflow, there were r.o violations of the county's sanitary code that wauld prompt our intervention.

The connection of water stored in cistern tanks to residential faucets is an issue of potential concern even while our observations of and interviews with residents indicated awareness that such water is not potable. While the County does not have any regulations prohibiting this practice, as a precaution we provided a health advisory to the owner of the island (Kuder lsland Colony Inc.) which agreed to recommend that residents post a notice nt ~II faucets connec:~d to cisterns stating that the water is not safe :o drink.

Very tr ly yours,

Leonard 1 ![!:;1~ Deputy Comm issio:;%'1-' .I Division of Environmental Health

cc· Vince Tam burro City of Rye BUilding Inspector

r '

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.\ndn•w .J. Spnno ( 'ount~· •:-"_.c·ut h;t•

.J.>-hl1;: l.1p m.t"l M II .J II ~~I' II f',wn1u1-.. ... , .• ,, ...

October 12, 2007

Mr. Ira 5. Goldenberg Hoffman, Wachtel!, Koster, Maier, Rao & Goldenberg, LLP 399 Knollwood Road White Plains. NY _10803

Re: Hen Island (C) Rye

Dear Mr. Goldenberg:

This is in response to your letter to me dated September 20. 2007. You have requested clarification of the position of this Department regarding the issues of potable water, sewage disposal and mosquito control at the referenced location. Attached is a copy of a letter addressed to Mr. Ray Tartaglione that addresses the same topic. The Department's position on the aforementioned issues is described in the attachment and I trust will answer your inquiry.

Very uly y~~r~'/

W(..hjb~ Leonard S. Mey~on, P.E. Deputy Commissioner Division of Environmental Health

Attach.

cc: Kuder Island Colony, Inc.

t ;-, lhl:.l .. ll••t ~!.'~'' '-'Ill rl' ,. ,·,,, Hr,oho'llf'. '\ ~ 11)-.:ttj

\\kstchester go\:co1n

Andt·rw .1. Spnno County l~:\:l.!l'\1 ti ve

D<!p:ll"lnll:l\1 ul J/ 1·alt h

.)o,hua Ltp~man. ~J.D . J D . !\1 J> H C()mnu,~u·n o•r

Mr. Gary Ederer 49 Mount Vernon Avenue Mount Vernon, NY 10550

Dear Mr. Ederer:

February 28, 2008

RE: Hen Island- Site #27 Rye, NY

This is in response to your letter dated February 25. 2008 regarding your residence on Hen Island. Based on the information provided. no Westchester County Department of Health approvals are required.

LSM:vag

Very~ol,?.

~~~~---Leonard S. Meyerson, P.E. Deputy Commissioner Division of Environmental Health

cc: Vincenzo Tamburro, Building Inspector, (C) Rye

J 45 llu::ta·not Stn·••t. f-lh Flonr :-;,.w Hndu·ll··· ~.Y 10801

February 25, 2008

Gary Ederer 49 Mount Vernon Ave.

Mount Vernon, NY 10550 (914) 665-7707

Mr. Leonard S. Meyerson P.E. Westchester County Derartment of Health 145 Huguenot Street, t Floor New Rochelle, NY 1 080 1

Re: Hen Island Rye, NY Site # 27

Dear Mr. Meyerson:

Per our conversation, we are submitting this letter to describe the work to be performed at the referenced location.

The existing summer cottage has fallen into disrepair and is to be rebuilt per plans submitted to the City of Rye for municipal approval. The existing cottage had two bedrooms and was serviced by a composting toilet with t\vo sinks and one shower tied into an existing grey water system. The existing grey water system shows no signs of past failure.

The foot print of the cottage will remain the same with no increase in square footage. no increase in the number of bedrooms and no increase in plumbing fixtures. We intend to replace the removed composting toilet with a new incinerating toilet and tic the two new sinks and shower into the existing grey water system.

Please contact me if you require any additional information.

Respectfully yours,

Gary Ederer

Email CC: Mr. Vincent Tamburro- Building Inspector City of Rye

F:\SEC2000\Jobs2000\J 1800-J 1899\J 1875 Hen Island Site 27\ Westchester County Dept. of Health\Gary Ederer West County DOH 2-25-08.doc

Complaint Form

New York State DEC Office of Publk Protection HEN ISLAND

Type: Complaint

County: Westchester

Town: City of Rye

Street Address:

General Information

~~~~~~ 8920- Environmental Quality- Water Quality

Date Received: 08-15-2008 Time Received: 12:49

Com lalnant -·· . . . . . - Home Phone: Name: . . Work Phone:...-.

Cell Phone~ Address: ....

. '• :: . -- ·-··

Facts and Information

Page 1 of 3

Call for Service #08-0 12069

lainant

Complainant states there are several septic systems not in compliance on Hen I and are discharging into Long Island Sound.

Possible Res.R_onsible Parties Information Name: various residences on Date of Birth:

Hen Island,

Address: ,NY

Prosecutor: None

Referral Date:

Date 08-15-2008 Entered:

Time 08-15-2008

Closing Information Tickets

None

Dispatch Information Approved By:

Approved Date:

Homephone: Work phone:

Cell phone:

Warrants Executed Search Warrant: NO Arrest Warrant: NO

Court Ordered Seal Executed Sealed: No

Case ci· ed D ' 't' OS lSpOSI 100:

Date Disposed: 08-22-2008

~ \ .

Complaint Form

Entered: Officer: 334(Maude

Filmer)

.·.

httn!;~//tfiRR~5h4~.r:nm/r:nmnlnint/viP.w i~n

Page 2 of3

Opened By: 334(Maude Filmer).

R/??/?OnR

" \

Complaint Form Page 3 of3

Date Time 08- 13:20:59 'fco· .. ·:ra·c::a:v-orre--a:Iicr .. Y··me·t:·-w:rEl-l····t:l1e-·-c-c;iiii>Tainaii·t:· --c;ii··--r4--a:;;;· .. ·a·:-· 15- took us by boat to Hen Island and showed us several areas of concern,

2008 including the existing septic retention syst~~s for the seasonal/weekend cottages. At the time of the inspection. no active_ direct discharge was obs . resulting in sewage flowing into Long Island Sound. and I discussed at length how the systems functi stated he had been told by the Westchester County that the systems were not illegal.

I contacted th~ Westchester Health Department and spoke with Len Myerson. He stated to me that the systems were not unlawful. I contacted Pat Ferracane with DEC Div of Water and explained the issue to him. He informed me that if there is not septage observed flowing on the ground into the Sound, there is no violation. I contacted the Westchester Environmental Crimes unit and described the situation. Again, I was told there were no violations.

Barring observed events of septic material flowing directly into Long Island Sound, no enforcement action can be taken.

tacted and notified of the outcome.

httn~;:l/ttlHR~"h4a.com/comnlaint/viP.w. i~n R/22/200R

AndrP.w J. Spano County Executive

D11partm~11L 1Jf Hual~n

JnRhlUI Lipsman, M.O., J.D .• M.P.H. Commisz.innl'!r

May 8, 2009

Mr. ~rankJ. Culross Acting City Manager City of Rye 1051 Boston Post Road Rye, NY 10560


Dear Mr. Culross:

This is in response to your letter dated April9, 2009 regarding alleged health code violations at the referenced island. You may be aware that the same issues were brought to the Health Department's attention in July 2007. Inspections conducted that summer revealed no sanitary code violations. At your request, we are re-examining the issues. Note that Health Department staff inspected the enttre island on Friday, April 24, 2009. Our findings follow:

• No potable water: Absent any feasible potable water source alternative residents of Hen Island collect water in cisterns. The connectmn of cistern water to faucets is an issue of potential concern. This was previously addressed in my letter dated September 25, 2007 (attached} and in an advisory letler (attached) that was sent to the Kuder Island Colony, Inc., owner of Hen island, dated August 31, 2007.

• Mosquito breeding: Inspectors did not observe mosqutto larvae breeding nor were there notable vessels that may cause larval breeding henceforth The mosquito issue was previously addressed in the aforementioned letter dated September 25. 2007.

• Rodent infestation: There was no evidence of rodent infestation on the island. • Sewage disposal systems - The systems inspected on April 24. 2009 did not

reveal any sewage overflows. This is consistent with past Health Department inspections. While system construction predates Health Department jurisdiction. operation of these systems must not result fn sewage overflows or other Sanitary Code violations as indicated in the aforementioned letter dated September 25, 2007. However, a pit apparently used as part of a sewage disposal system serving the cottage you identify as #11 was found uncovered, and a cover of plywood construction was found over a pit apparently used as part

145 Huguf!nu~ Str~t. Bth Ploor New Rodu~Jij>, lli .Y 10801

~ \

of a sewage disposal system serving the cottage you tdentify as #1. If such covers are used as described, then they must .be replaced with permanent covers which are rodent and insect proof and completely confine sewage contents, in accordance with Article VIII, Section 873.333 of the WCSC. By copy of this letter, the Kuder Island Colony, Inc. is informed of same.

• Abandoned cottages: Since no sewage structures were noted at the two abandoned cottages listed, this is not a Health Department issue.

• Outhouse: Existing privies are allowed as long as they are maintained and do not create a sanitary nuisance.

• New construction does not require Health Department approval unless there is an expansion and/or design modification to the waterborne disposal system. In addition, non-waterborne systems that are listed as acceptable by the New Yor1<: State Deparlment of Health in Public Health Law 201 Append1x 75A, do not require our approval.

Please contact me if you have any questions.

Very trul urs,

eona~ef!~~ Deputy Commissioner Division of Environmental Health

cc: \;President & Board of Directors, Kuder Island Colony, Inc. Vince Tamburro, Building lnspedor, City of Rye

Enclosure

Andrew J. Spano County Executi\·e

Department ofHealth

Joshua Lipsman, M.D .. J.D .. l\l.P.H. Commis.~ioner

June 16, 2009

Mr. Ralph Tartaglione RJT Motorist Services, Inc. 101 Westmoreland Avenue White Plains, NY 10606


r Dear Mr. Tartaglione:

This is in response to your June 1, 2009 e-mail to County Executive Andy Spano.

It is acknowledged that the use of cistern water for drinking purposes is unsafe. That is why the residents of Hen Island have been notified to post DO NOT DRINK signs above faucets conveying cistern water. Please be reminded that nothing in the Westchester County or New York State Sanitary Codes prohibits cisterns and there are no alternative water sources on Hen Island. Residents of the island we have spoken to have indicated awareness that this water is not potable and use bottled water for drinking. The additional safety issues you raise regarding cistern water use in food preparation, showering and when brushing teeth are cautions that residents certainly understand given the aforementioned warning notice.

You have also provided details regarding the sewage systems at nine of the cottages on Hen Island. Note that the construction of the presumed subsurface disposal systems predates Health Department jurisdiction. Based on your series of complaints, our inspectors will reinspect the entire island including the cottages you have advised us about when they conduct unannounced weekend inspections this summer and will address any code violations promptly. Additionally, please do contact us immediately in the event of a sewage overflow on Hen Island so that we may respond promptly and investigate.

Your concern about the abandoned Cottage #18 will be passed on to the Kuder Island Corp. Board of Directors and the Rye Building Department to examine the potential safety issues you have brought to light.

1-15 Huguenot Street, 8'" Floor New Rochelle. New York 10801

Mr. Tartaglione June 16, 2009 Page2

Regarding the work you report done at Cottage #19 during 1993, note that Health Department approval is not required for reconnection to a pre-existing septic system. As stated above, inspectors will evaluate the septic system of this cottage during our summer inspections.

Regarding the work you report done at Cottage #27 in 2008. please note the following. Under the direction of the Rye Building Department, the owner submitted a letter to the Health Department copied to the Building Department stating that there would be no building expansion nor change to the subsurface disposal system. Based on the owner's statement, we issued a letter of no objection. Please note that it is the Building Department's prerogative to verify that the information provided is accurate.

Regarding cottages #1 and #11, plywood covers were observed on the purported sewage disposal pits during our April 241h inspection. We had no confirmation that the pits were part of sewage disposal systems but the Health Department did notify the Kuder Island Corp Board of Directors that if the pit does convey sewage then the cover must be replaced with one made of a permanent material. The Kuder Board did subsequently contact the Health Department and indicated that it would address this matter. Our inspectors will follow up at these cottages to ensure appropriate action is taken.

;:::://t! ~ Leonard S. Meyerson, P) Deputy Commissioner Division of Environmental Health

cc: Andrew J. Spano, County Executive Joshua Lipsman, MD, JD, MPH, Commissioner of Health

Smith, Matt .. ---·--· ........ ·---~·------

From; Smith, Matt

Sent: Monday, June 29,2009 12:39 PM

To: Meyerson, Leonard

Cc: Kutzy, Paul; Guido, Frank; Boda, Mark

Subject: Hen Island Inspection 6/27/09 (resent}

The following is a summary of our findings at the time of inspection of Hen Island on Saturday June 27, 2009:

o In general no sewage odors were detected and no sewage discharges were observed on the island.

o Plywood covers of SSDS tanks at cottages 1 and 11 have been replaced with metal covers securely bolted to concrete block.

o Cottage 19 has installed a new composting toilet.

o Plastic garbage can underneath cottage 21 is not a component of the current SSDS system. According to the owner the garbage can served as a reservoir for an old pump toilet no longer in use and their SSDS system is located in front of cottage. No sewage odors detected and no sewage discharge observed.

o Cottage 29 is being renovated. According to owner of cottage 21, the new owner of 29 has plans to install a composting toilet.

o No evidence of rodent infestation observed.

o Heavy mosquito population observed, specifically in mid and north portion of island.

Matthew W. Smith, M.S. R.S. Senior Sanitarian Westchester County Health Department Bureau of Environmental Quality 145 Huguenot St. New Rochelle, NY 10801 Phone: 914 813 5141 Fax: 914 813 5158

11/10/2009

r Smith, Matt

From: Smith, Matt

Sent: Friday, July 24, 2009 1:32 PM

To: Meyerson, leonard

Cc: Kutzy, Paul; Guido, Frank; Boda, Mark

Subject: 7/18/09 Hen Island

The following is a summary of our findings at the time of inspection of Hen Island on Saturday July 18, 2009:

o 4 cottages were occupied

o In general no sewage odors were detected and no sewage discharges were observed on the island.

o No evidence of rodent infestation observed.

o Heavy mosquito population observed, specifically in mid and north portion of island.


11/10/2009

Smith, Matt

From: Smith, Matt

Sent: Monday, September 21, 2009 9:10 AM

To: Meyerson, leonard

Cc: Kutzy, Paul

Subject: Hen Island Inspection 9/19/09

Len, At the time of inspection on Sat. 9/19/09 no septic odors were detected and no septic overflows were observed. 1 cottage on the south end of the island was occupied.


11/10/2009

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July 1, 2009

Mr. Steven P. Cadenhead 155 Locust Avenue Rye, NY 10580

Re: Hen Island - Cottage # 29

Dear Mr. Cadenhead:

This is in response to your letter dated May 13, 2009 regarding the referenced cottage on Hen Island. Based on the information provided, no Westchester County Department of Health approvals are required.

~J/~--~f~v~on, PE Deputy Commissioner Division of Environmental Health

Cc: Vincenzo Tamburro, Building Inspector. City or Rye

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May 13,2009

Mr. Leonard S. Meyerson P.E. Westchester County Department of Health 145 Huguenot Street, 7" floor New Rochelle, NY 10801

Re: #29 Kuder Island Colony rHen Island")

Dear Mr. Meyerson,

Per our conversation I am submitting this letter to describe the work to be performed at the referenced location. The existing summer cottage will have alterations made per plans submitted to the City of Rye for approval.

The cottage previously had one toilet, one shower, one lavatory and one kitchen sink, all of which drained into an existing waste water system. The existing system appears fully functional with no signs of present or past failure. Further, a fluorescent dye test was performed, with no evidence of surface leakage. I intend to replace the toilet, shower, lavatory, and sink with new fixtures, and to tie them to the existing waste water system.

The cottage previously had a rooftop rainwater collection system, including 2 approximately 1300 gallon buried poly cisterns which tied to the cottage plumbing. We intend to improve the capture system by adding self-cleaning rain heads and first flow diverters, and to restore one of the cisterns back into service. (The other will likely be decommissioned because we don't need its capacity.) We intend to connect the cistern to the cottage plumbing for washing, cleaning and septic purposes only, not for potable water. All water intended for consumption would be brought to the island and stored appropriately.

Please contact me if you require any additional information.

Sincerely,

Steven P. Cadenhead 155 Locust Avenue Rye, NY 10580

Phone 914-481-6110

cc: Mr. Vincent Tamburro, Building Inspector, City of Rye, NY

Andrew J. Spano County Executive

Department of Health

.Joshua Lipsman. l\I.D., ,J.D .. J\I.I'.H. CommL.;sioncr

July 7, 2009

Mr. Ray Tartaglione 101 Westmoreland Avenue White Plains, New York 10606



This is in response to your letter dated June 24, 2009. It is agreed that cistern water is unacceptable as a potable water supply source. Presently there are no potable water sources on Hen Island. The code sections you reference apply to buildings that have public or potable well water available, but absent either do not have application. However, this Department has no objection to the pursuit by any resident on Hen Island to connect to a public utility or develop an onsite well.

For clarification on the Rye City Plumbing Code reference, please contact the Rye Building Department.

Regarding sewage disposal on Hen Island, the Health Department will continue to inspect all cottages on weekends during the summer, using the same measure to protect public health that we employ during all responses to citizen septic complaints. That measure is emerging sewage or strong odor. Note that Health Department sanitarians reserve more invasive testing of septic systems to instances when significant septic system failures are encountered. At our last inspection on June 25, 2009 it was determined that Cottage #19 has installed a new composting toilet that is a nonwaterborne system. Composting toilets are listed as an acceptable system by the New York State Department of Health and are not under the jurisdiction of this department.

jl)"jrt ~ Leonard S. Meyers,P.E. Deputy Commissioner Division of Environmental Health

145 Huguenot. Street., ~·h Floor ,:O.:ew Jtochelle. ~ew York 10801 \\' ch~itt•: wcstchestcrgo\·.com

Robert P. Astorino County Esecutive

Cheryl Arehbald, }.ID MPH Acting Commissioner of Health

March 22, 2010

Mr. Gary Ederer Board of Directors Kuder Island Colony, Inc. P. O.Box 766 Rye, New York 10580

Re: Hen Island, Rye, NY

Dear Mr. Ederer:

As we discussed during our phone conversation on March 16, 201 0, the Westchester County Department of Health is required by law to investigate and evaluate potential violations of code. Therefore, if the Health Department receives complaints of violations or has other reason to suspect there are violations at any location in Westchester County, an inspection would be initiated.

Also as we discussed, at this time, there are no existing Westchester County Sanitary Code violations at Hen Island currently in need of follow-up by Westchester County Department of Health.

Sincerely,

~~ Frank Guido, R.S., M.P.A. Assistant Commissioner Bureau of Public Health Protection

cc: Dr. Archbald, Acting Commissioner of Health

Department of Health 145 Huguenot Street New Rochelle, New York 10801 Telephone: (9H) 813-5000 Fax: (914) 813-5160

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APR-2s-2e1e ee:ss CITY OF RYE NY 914 967 4604

CITY OF RYE

DOUGLAS FRENCH MAYOF«


April27,2010

1n response to your letter of April 25th and the comments made by you and Mr. Glass at the Rye City Council meeting of April 21st, the specific matters you raise refer to a larger policy discussion as to whether or not the City should provide health-related services to its citizens. lt is the long-standing policy of the City of Rye, consistent with many other municipalities as well. to have the County ofWestchesterprovide those services. The County has the expertise and resources to provide those services much more efficiently than the cost-burden it would add to Rye City taxpayers if the City were to take on those additional responsibilities and staffing.

AB part of our 2011 budget planning throughout the year, we will continue to explore the levels of service and shared service opportunities that are in the best interests of our citizens.

With respect to Councilman Sack's suggestion, as long as the County continues to act as the City of Rye's health department, there is no consensus from the Council for us to engage in said matters. The codes referenced in previous correspondence are outdated and need to be updated.

I will be glad to sit down with you and our City Manager if you would like to discuss further the City's position.

Cc: Mr. Frank J. Cuhoss, City Manager Rye City Council Ms. Denise Cossu, Esq. Mr. Steven Gaines, Esq. Mr. Jordan D. Glass, Esq. Mr. Ira S. Goldenberg, Esq.

Sincerely,

~~<?--~ Douglas French Mayor

P.02

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CrrY ~LL • RYE, NEW YORK 10580 • TEL: 914-967·7404 • FAX• 914-967-4604 • E•MAIL: MAYORORYENY.GOV •.,.

TOTAL P.02

Robert P. Astorino County Executive

Sherlita Arnler, M.D. Commi.<t.~ioner of Health

March 30, 2012

Mr. Gary Ederer Board of Directors- Kuder Island Colony, Inc. P.O. Box 766 Rye, NY 1 0580

Re: Hen Island Rye, NY

Dear Mr. Ederer:

We are in receipt of your letter of March 21, 2012, regarding the Kuder Island Colony, Inc. installation of composters or incinerator toilets as referenced in your letter, "in accordance with the New York State Sanitary Code Appendix 75-A Wastewater Treatment Standards Other Systems". Please be advised in response to your letter that such installation of composters or incinerator toilets does not require a permit from this Department.

Further, this Department does not approve nor disapprove such installation with the understanding that installation of composters or incinerator toilets must be in compliance with all applicable laws, rules and regulations.

Should you have any questions, I can be reached at (914) 813-5172.

Very truly yours,

Frederick J. Morriss , MPJX Deputy Commissioner of Environme

cc: Ms. Maureen Eckman, City of Rye Ms. Kristen Wilson, Harris Beach PLLC Mr. Ira Goldenberg, Goldenberg and Selker PC·/

Department of Health 145 Huguenot Street New Rochelle, New Ym·k 10!!01 Telephone: (91·1) 813·51100 Fax: (91•1) 813-5160

Gary Ederer

From: Sent: To:

Subject: Attachments:

Importance:

Maureen,

Gary Ederer [[email protected]] Tuesday, May 08, 2012 5:26PM Maureen Eckman ([email protected]); Ira Goldenberg ([email protected]); Kristen Wilson ([email protected]); Ben Minard ([email protected]); 'Dave Spader'; Helen Cunningham; 'Jane Babcock'; Jason Anderson ; Joann Molloy Hen Island EFT Installation Letter to Mr. Ederer re Kuder lsland.pdf; Hen Island EFT Spreadsheet. pdf

High

It was a pleasure speaking with you again today. As per our conversation, I have attached a spreadsheet listing the Environmentally Friendly Toilets that have been installed on Hen Island and the EFTs that are proposed to be installed on Hen Island this summer. I have also attached the letter from the Westchester County DOH confirming that there are no approvals or permits required by Westchester County for the installations.

As per our conversations, there are no approvals or permits required by the City of Rye for these installations and the shareholders are proceeding with installation of EFTs.

As always, if you have any questions, please do not hesitate to contact me.

Gary Ederer Vice President - Kuder Island Colony Board of Directors

·~ · -;-.,. South East Construction Group 49 ~lount Vernon Ave. Mount Vernon, NY 10550 914-665-7707 office 917-295-1525 cell mai I to:ga rv'alsout heas t-cons t rul·t io n.l'Olll

Find us on Facebook South East Construction on Facebook

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Sherllf<l.\mler. M.D. Commissioner of Heal! h

August 8, 2012

Mr. Benjamin Minard Jr. Board of Directors- Kuder Island Colony, Inc. P.O. Box766 Rye, NY 1 0580

RE: Inspection Report

Dear Mr. Minard,

On July 19, 2012, an inspection was conducted by Westchester County Health Department staff based on a complaint regarding sanitary conditions, potable water, and to determine the extent of mosquito activity on Hen Island, Rye, NY.

In order to evaluate mosquito activity, traps had been set up on July 16th through 181h 2012 to collect sample pools of mosquitos for identification. Most of the home sites were found to be free from potential breeding areas. There were no containers littered around the islands that are the preferred breeding locations for WNV vectors. Staff did note several of the homes had either cisterns in disrepair and/or inadequate coverings for their cisterns. Mosquito larvae were observed in these locations. All cisterns in good condition with adequate coverings were found to be free from mosquito larvae.

On July 31, 2012 we received lab results confirming that one pool of Culex pipiensretuans mosquitoes collected from Hen Island on July 17, 2012 tested positive for West Nile Virus. This species prefers stagnant water found in manmade containers and tree holes for breeding. So far this year we have identified a total of 17 West Nile Virus positive pools of mosquitoes in southern Westchester County including some located on the mainland in Rye and Mamaroneck.

In light of this information the Department is requiring that:

• All cisterns on the island are equipped with properly installed, tight fitting covers.

• Residents are made aware of the need to eliminate standing water on their

properties.

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• A representative or representatives of the Board of Directors accompany an

Inspector from this Department to conduct are-inspection of the Island in an effort

to point out potential mosquito breeding sites and how to address their abatement.

The Department will set up the date for there-inspection within the next two weeks. Our office will contact your attorney to set up the date and time of the inspection.

The Department additionally recommends that the following precautions be taken by residents of the community:

• Avoid the outdoors in the early evening when mosquitoes are active and feeding.

Use insect repellents when outdoors during these times, following the repellent

directions. Adults can apply onto their own hands insect repellents with up to 30

percent DEET and then rub the repellent onto their children. Products containing

DEET are not recommended for use on children under two months old.

• Wear long pants, long-sleeved shirts and socks when outdoors in areas where and

at times when mosquitoes are feeding.

• Check around the property for cans, containers, ceramic pots and discard or turn

over.

• Check and remove standing water from tarps, boats, children's toys, pools,

wheelbarrows, play houses, etc.

There were no other findings requiring further action by this Department.

Should you have any questions regarding this notice, please do not hesitate to contact

our offices at 813-5126 during normal business hours.

Sincerely,

~)/~ Frederick J. Morriftey,

4

MPA

Deputy Commissioner, Environm tal Health Services

Attachments

cc: Doug French, Mayor, City of Rye NY Ira Goldenberg, Esq Raymond Tartaglione

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GOLDENBERG & SELKER, LLP ATIORNEYS AT LAW

399 Knollwood Rd., Suite 112 Ira S. Goldenberg Diane E. Selker White Plains, NY 10603

914-682-4015 • 914-997-0999 • Fax 914-682-1512

VIA FIRST CLASS MAIL AND FAX 914 813-5003 Mr. Frederick J. Morrissey, MPA Deputy Commissioner Environmental Health Services Westchester County Department of Heahh 145 Huguenot Street New Rochelle, NY I 080 I

Dear Mr. Morrissey:

Rc: Re-Inspect ion of lien Island September 15, 2012

October 9, 2012

Jasmine Gurreri Paralcgul

This will confirm that on September 15, 2012, the Westchester County Depar1ment of Health ("WCDOH'') re-inspected Hen Island to determine whether four cottages had corrected the inadequate cistems covers previously noted by your department. The inspection was conducted by Mr. John Ruggiero and Mr. Mark Broda.

Attending the inspection on behalf of Kuder Island Colony, Inc., owner of Hen Island, were six members of the board of directors as well as six other Kuder Island shareholders. Notably absent was Raymond Tm1aglione, a Kuder shareholder who was the original complainant. All shareholders, including Mr. Tat1aglione. were noti lied in advance of the reinspect ion and were invited to attend.

Mr. Ruggiero inspected the cottages and determined that all issues identified in the previous inspection had been properly addressed. Mr. Ruggiero also inspected other portions of the island. He indicated that the shareholders had done an excellent job in eliminating possible mosquito breeding areas such as exposed slanding water in tarps, boats, children's toys, play pools, and wheelbarrows.

After the inspection Mr. Ruggiero conducted a queslion and answer session regarding general mosquito control and methods of eliminating breeding areas. He told the shareholders that given the predominantly salt water environment and lack of potential breeding areas on Hen Island that it is likely that the fresh water mosquitos infected by West Nile Virus which were detected on Hen Island arc being blown in from the mainland and were not originating from the island. Mr. Ruggiero stated that in his opinion the islanders have been eliminating fresh water mosquito hrccding areas and he encouraged their continued efforts.

When asked if the rain water collection systems on the island could impact the mosquito population on the mainland, Mr. Ruggiero stated that in his view those systems would have no impact on mainland mosquito populations.

As a result of the meeting it is the view of the Kuder shareholders that Hen Island is not a significant contl'ibutOI' to the West Nile Vil'lls-infectcd mosquito population of Westchcste1· County.

The Kuder Island shareholders greatly appreciated the willingness of the WCDOII to conduct the inspection and meet with shareholders. Please be assured of Kude1·:s continued cooperution. Thank you.

cc. Kuder Island Colony, Inc.

cc: Kristen K. Wilson, Esq. Hm-ris Beach PLLC Via email kwilson@han·isbcach.com

cc: Scott D. Pickup Rye City Manager

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Sherlit11 .\mler, ,\I. D. Commis~;ionl!r of Health

Mr. Benjamin Minard Jr. Board of Directors - Kuder Island Colony, Inc. P.O. Box766 Rye, NY 1 0580

RE: Inspection Report

Dear Mr. Minard,

August 8, 2012

On July 19,2012, an inspection was conducted by Westchester County Health Department staff based on a complaint regarding sanitary conditions, potable water, and to determine the extent of mosquito activity on Hen Island, Rye, NY.

In order to evaluate mosquito activity, traps had been set up on July 16th through 18th 2012 to collect sample pools of mosquitos for identification. Most of the home sites were found to be free from potential breeding areas. There were no containers littered around the islands that are the preferred breeding locations for WNV vectors. Staff did note several of the homes had either cisterns in disrepair and/or inadequate coverings for their cisterns. Mosquito larvae were observed in these locations. All cisterns in good condition with adequate coverings were found to be free from mosquito larvae.

On July 31, 2012 we received lab results confirming that one pool of Culex pipiensretuans mosquitoes collected from Hen Island on July 17, 2012 tested positive for West Nile Virus. This species prefers stagnant water found in manmade containers and tree holes for breeding. So far this year we have identified a total of 17 West Nile Virus positive pools of mosquitoes in southern Westchester County including some located on the mainland in Rye and Mamaroneck.

In light of this information the Department is requiring that:

• All cisterns on the island are equipped with properly installed, tight fitting covers.

• Residents are made aware of the need to eliminate standing water on their

properties.

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• A representative or representatives of the Board of Directors accompany an

r Inspector from this Department to conduct a re-inspection of the Island in an effort

to point out potential mosquito breeding sites and how to address their abatement.

The Department will set up the date for the re-inspection within the next two weeks. Our office will contact your attorney to set up the date and time of the inspection.

The Department additionally recommends that the following precautions be taken by residents of the community:

• Avoid the outdoors in the early evening when mosquitoes are active and feeding.

Use insect repellents when outdoors during these times, following the repellent

directions. Adults can apply onto their own hands insect repellents with up to 30

percent DEET and then rub the repellent onto their children. Products containing

DEET are not recommended for use on children under two months old.

• Wear long pants, long-sleeved shirts and socks when outdoors in areas where and

at times when mosquitoes are feeding.

• Check around the property for cans, containers, ceramic pots and discard or turn

over.

r • Check and remove standing water from tarps, boats, children's toys, pools,

wheelbarrows, play houses, etc.

There were no other findings requiring further action by this Department.

Should you have any questions regarding this notice, please do not hesitate to contact

our offices at 813-5126 during normal business hours.

Sincerely,

~-'~~~ Frederick J. Morrflsey,

1

MPA

Deputy Commissioner, Environm tal Health Services

Attachments

cc: Doug French, Mayor, City of Rye NY Ira Goldenberg, Esq Raymond Tartaglione




LOCATION (e (T) (V) FACILITY PROGRAM CODE

PREMISE NAME: flea= ~~ sa:;;:;:;:Q PREMISEADDRESS: -- -t-_Q_<_

TEL. NO. ___ _ DATE ~ /~ (ao '3

OWNER/OPERATOR NAME: ----------------TEL. NO. DATE---

OWNER/OPERATOR ADDRESS: TIMEAR/O;~~TIME LV/:Pfl17

REGULAR

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UNSATISF 1ST VISIT

~~~~~~~~~~~~~~~~~~~~--~~r--------+~

z N.C.F.A. ~~~~~~LL~~~~~~~~~~~~---~~~r-------------+-~

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MINOR REMOVED

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FROZEN DESSERT

LEAD

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AIR

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STOOL


BPHP GIF . 2000

WESTCHESTER COUNTY DEPARTMENT Of HEALTH BUREAU OF PUBLIC HEALTH PROTECTION



LOCATION (t1 (T) (V) FACILITY PROGRAM CODE

PREMISE NAME:---4-~~~~~~~--~~~-----TEL. NO. ___ _ DATE ~I~ 0JDI3 PREMISE ADDRESS:-~~~..'L!ii~~~~:::a!l~&.::::::..._ ____ _

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SIGNATURE: TITLE:

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LOCATION «)(T) (V)





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BPHP Olf • 2000

TITLE

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Field Activity Report \\6tp lester ·-~ )~.:go\.COill

Bureau of Environmental Quality IJEI'.\H'I'MENT OF HEALTU

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FACIUTY PROGRAM CODE

OWNER/OPERATOR NAME: k~~ ~ OWNER/OPERATOR ADDRESS: ___________________ ___

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~ ~~~~~~~~----------------------------------------------------~-------------------




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COMPLAINT NO .. -------

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COMPLAINT NO .. --------

LOCATION®) (T) (V) FACILITY PROGRAM CODE

PREMISE NAME: J-1 (Jm ,,}~ PREMISE ADORE;; ~c Oo<H,.....Q ~

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SIGNATURE OF PERSON IN CHARGE TITLE

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BI>KP GIF • 2000

TEL. NO·---- DATE q}>z3f;c.

TEL. NO. DATE----

TIME AR.It: :1P TIME LV.~ tJ-;'1 f'l

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INSPECTOR: R/ ~~ INSPECTOR TELE:

PERSON IN CHARGE OR INTERVIEWED I acknowll?dge recetpl of a copy of thiS F,e/d Acllvity f~eport

SIGNATURE: TITLE:

H-7li(r

requested applicable docun1entation · \ kuder island colony, inc. october 31. 2014 mayor joe sack...

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