[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.
Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
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.
The extension from the building drain to the public sewer
or other place of disposal.
City of Jamestown, New York.
A sewer receiving both surface runoff and sewage.
The Chautauqua County Health Department.
The New York State Department of Environmental Conservation.
The Director of Public Works and/or of Water Pollution Control
of the City of Jamestown, or his authorized deputy, agent or representative.
Wastewater, after some degree of treatment, flowing out of
any treatment device or facilities.
The United States Environmental Protection Agency.
Solid wastes from the domestic preparation, cooking and dispensing
of food, and from the handling and storage of produce.
The Chautauqua County Health Commissioner.
That Board appointed according to the provisions of § 345-8.
Those liquid wastes from industrial manufacturing processes,
trades or businesses which possess characteristics significantly different
than normal sanitary sewage.
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.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Any individual, firm, company, association, society, corporation
or group.
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.
Any parcel of real property, including land, improvements
or appurtenances, such as buildings, grounds, etc.
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.
A sewer in which all owners of abutting properties have equal
rights and is controlled by public authority.
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.
A sewer which carries sanitary sewage, to which stormwater,
surface water, and groundwater are not intentionally admitted.
A combination of the water-carried wastes from residences
together with such groundwater, surface water, and stormwater as may
be present.
Any arrangement of and structures used for treating sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
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" is mandatory; "may" is permissive.
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.
A sewer which carries stormwaters and surface waters and
drainage but excludes sewage.
Town of Busti, New York.
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.
The water-carried domestic, human or animal wastes from residences,
together with such groundwater infiltration as may be present.
A channel in which a flow of water occurs, either continuously
or intermittently.
The Code Enforcement Officer of the Town of Busti or his
duly authorized agent.
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.
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.
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.
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.
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.
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.
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]
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.
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.
