Town of Busti, NY
Chautauqua County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Busti 6-15-1981 (Art. 61-200 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Sewer charges — See Ch. 338.

§ 345-1 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning five feet or 1.5 meters outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
CITY
City of Jamestown, New York.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
COUNTY HEALTH DEPARTMENT
The Chautauqua County Health Department.
DEC or NYDEC
The New York State Department of Environmental Conservation.
DIRECTOR
The Director of Public Works and/or of Water Pollution Control of the City of Jamestown, or his authorized deputy, agent or representative.
EFFLUENT
Wastewater, after some degree of treatment, flowing out of any treatment device or facilities.
EPA or USEPA
The United States Environmental Protection Agency.
GARBAGE
Solid wastes from the domestic preparation, cooking and dispensing of food, and from the handling and storage of produce.
HEALTH COMMISSIONER
The Chautauqua County Health Commissioner.
HEARING BOARD
That Board appointed according to the provisions of § 345-8.
INDUSTRIAL WASTES
Those liquid wastes from industrial manufacturing processes, trades or businesses which possess characteristics significantly different than normal sanitary sewage.
INDUSTRY
Any establishment which uses water in a product or generates a wastewater during the manufacturing of a product or the rendering of a service where such service results in the creation of a wastewater which differs substantially in character from normal domestic sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
PERSON
Any individual, firm, company, association, society, corporation or group.
POLLUTANTS
As may be defined now or hereafter by appropriate local, state or federal authorities or by the Commissioner as substances which may be present in wastewater, whether gaseous, liquid or solid, the amount of which may contain soluble or insoluble material of organic or inorganic nature which may deplete the dissolved oxygen content of natural waters, contribute solids, contain oil, grease or floating solids which may cause unsightly appearance on the surface of such waters or contain materials detrimental to aquatic life.
PREMISES
Any parcel of real property, including land, improvements or appurtenances, such as buildings, grounds, etc.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 0.5 inch or 1.27 centimeters in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
SANITARY SEWAGE
Wash water, culinary wastes, and liquid waste containing only human excreta and similar matter, flowing in or from a building drainage system or sewer originating in a dwelling.
SANITARY SEWER
A sewer which carries sanitary sewage, to which stormwater, surface water, and groundwater are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences together with such groundwater, surface water, and stormwater as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SEWER SYSTEM
All sewers, laterals or other connections or plants which connect with or pertain to a connection with the sewers, plants, public works, and/or projects of the Department.
SHALL/MAY
"Shall" is mandatory; "may" is permissive.
SLUDGE
Any discharge of water or sewage which in concentration of any given constituent or in quantity of flow exceeds for a period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation.
STORM DRAIN (sometimes termed STORM SEWER)
A sewer which carries stormwaters and surface waters and drainage but excludes sewage.
TOWN
Town of Busti, New York.
TOXIC SUBSTANCES
Any substance, whether gaseous, liquid or solid, which when discharged to the sewer system in sufficient quantities may tend to interfere with any sewage treatment process, constitute a hazard to recreation in the receiving waters of the effluent from the sewage treatment plant, pose a hazard to men working in the sewer system, or constitute a hazard to fish or animal life.
WASTEWATER
The water-carried domestic, human or animal wastes from residences, together with such groundwater infiltration as may be present.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
ZONING OFFICER
The Code Enforcement Officer of the Town of Busti or his duly authorized agent.

§ 345-2 Building sewers and connections.

A. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof located in Town of Busti Sewer District Number 1 without first obtaining a written permit from the Director of Public Works of the City of Jamestown or his agent and the Code Enforcement Officer of the Town of Busti.
B. 
Building sewer permits shall be issued solely for residential, church and semipublic use services.
[Amended 4-19-2010 by L.L. No. 1-2010]
(1) 
The owner or his agent shall make application on a special form furnished by the Department of Public Works of the City of Jamestown, which permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Director of Public Works of the City of Jamestown.
(2) 
No permit applications for establishments discharging toxic, commercial or industrial wastes shall be accepted or issued.
C. 
All costs and expenses incident to the installation and connection of a building sewer shall be borne by the owner. The owner shall indemnify the City of Jamestown and Town of Busti from any loss or damage that may, directly or indirectly, be occasioned by the installation of the building sewer.
D. 
A separate and independent building sewer shall be provided for every building.
E. 
The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Jamestown or the materials and procedures set forth in appropriate specifications of the American Society for Testing Materials and Water Environment Federation Manual of Practice Number 9.
F. 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor in all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
G. 
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer within Town of Busti Sewer District Number 1.
H. 
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Jamestown, or the procedures set forth in appropriate specifications of the American Society for Testing Materials and Water Pollution Control Federation Manual of Practice Number 9.
(1) 
All such connections shall be made gastight and watertight.
(2) 
Any deviation from the prescribed procedures and materials must be approved by the City of Jamestown Director of Public Works before installation.
I. 
The applicant for the building sewer permit shall notify the Director of Public Works of the City of Jamestown or his agent and the Code Enforcement Officer when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City of Jamestown Director of Public Works or his agent or representative unless the Jamestown Director of Public Works authorizes or directs that a Town of Busti official perform such supervision, in which event the Town of Busti Code Enforcement Officer or his duly appointed representative shall supervise such connection.
J. 
All excavations for building sewer installation shall be guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town of Busti.

§ 345-3 Prohibited sewer uses.

A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, toxic substances, or unpolluted industrial process waters to any sanitary sewer.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet.
C. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) 
Any gasoline, benzene, naphtha, fuel oil, used motor oil, or other flammable or explosive liquid, solid or gas.
(2) 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair, fleshings, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(3) 
Any liquid or vapor having a temperature higher than 150° F. or 65° C.
(4) 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° and 150° F., or between 0° and 65° C.
(5) 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower, or 0.76 HP metric, or greater shall be subject to the review and approval of the Director of Public Works.
(6) 
Industrial or toxic wastes of any kind.

§ 345-4 Commercial and industrial use of public sewers.

Any and all discharges of industrial and commercial wastes to the public sewer system of the Town of Busti Sewer District Number 1 shall be unlawful.

§ 345-5 Protection from damage.

A. 
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure or appurtenance or equipment which is a part of the sewer works.
B. 
Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

§ 345-6 Powers and authority of inspectors.

A. 
The Director of Public Works of the City of Jamestown, other duly authorized employees of the City of Jamestown bearing proper credentials and identification, and the Town of Busti Code Enforcement Officer and his duly authorized agents shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter.
B. 
Subject to the provisions of Subsection A, authorized employees of the EPA and the DEC shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing.

§ 345-7 Penalties for offenses.

A. 
Any person found to be violating any provision of this chapter shall be served by the Town of Busti Sewer District Number 1 with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the time limit provided for in Subsection A of this section shall be guilty of a misdemeanor and, in conviction thereof, shall be fined in an amount not exceeding $250 or imprisoned for not more than 15 days, or both, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Any person violating any of the provisions of this chapter shall become liable to the City or Town for any expense, loss or damage occasioned in the City or Town by reason of such violation.

§ 345-8 Hearing board.

A. 
A hearing board shall be appointed as needed for arbitration of differences between the City of Jamestown Director of Public Works or Code Enforcement Officer of the Town of Busti and sewer users on matters concerning interpretation and execution of the provisions of this chapter by the Director of Public Works. The cost of the arbitration will be divided equally between the Town of Busti Sewer District Number 1 and the sewer user.
B. 
One member of the board shall be a registered professional engineer; one member shall be a practicing sanitary engineer; one member shall be a representative of industry or manufacturing enterprise; one member shall be a lawyer; and one member shall be selected at large for his interest in accomplishing the objectives of this chapter.
C. 
The members of the board shall be appointed by the Town Board of the Town of Busti to serve for the duration of the controversy requiring arbitration. The Town Board shall fix the compensation of hearing board members, which shall be payable by Town of Busti Sewer District Number 1.
D. 
The findings of the hearing board shall not become effective until approved by the appropriate divisions of the New York State Department of Environmental Conservation and/or the United States Environmental Protection Agency.