N.Y. Comp. Codes R. & Regs. tit. 21 § 10085.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 10085.2 - General provisions

(a) The purpose of this Part is to provide for the beneficial use of the water board's water facilities through the regulation of connection and water use, as well as to provide for the equitable recovery of the costs of the water facilities. This Part shall apply within the corporate limits of the city and to persons and properties outside of the city who are, by contract or agreement with the water board, users of the water board's water facilities. The property within the city boundaries, and persons or properties located outside the city who are users shall constitute the service area of the water board.

(b) The water board maintains its principal office at the Department of Public Works, Parks and Streets, 502 City Hall, Buffalo, NY 14202. Unless otherwise provided or directed, all communications to the water board shall be delivered to such office address.

(c) Pursuant to the Water Board Act, and agreements with the city, the water board uses the services of officers and employees of the city and such independent consultants and contractors, as it deems appropriate or necessary, to carry out the public purposes of the board.

(d) The headings and table of contents used herein are for convenience and reference only and shall not define, describe, limit or control the scope or meaning of the provisions of these regulations.

(e) All applications, contracts, agreements, notices and any other forms required in connection with the regulations prescribed herein shall be in the form and shall contain such general conditions, provisions and terms as the water board shall approve. Copies of all such forms shall be on file at the office of the water board.

(f) The confidentiality of user information and data submitted as necessary for any application, record, report, plan, or other document required by these regulations shall be governed by the State Freedom of Information Law (sections 84 through 90 of the Public Officers Law of the Sate of New York) and by other applicable State or Federal statutes and regulations. Any requests by a user to keep specific data and information confidential must be made in writing at the time of submission.

(g) If any provision, paragraph, word, section or article of these regulations is invalidated by any court, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect.

(h) The occupancy of any building or any water service connection and user service connection lawfully existing on the date of the adoption of these regulations shall be permitted to continue without change; except that any repairs, replacements, reconstruction or construction thereafter shall be performed in compliance with these regulations, and also excepting as is otherwise provided in the city code, the Building Code of the State, the Plumbing Code of the State, the Property Maintenance Code of the State, the Fire Code of the State and the State Sanitary Code or other applicable law or regulation.

(i) The provisions of these regulations shall not be deemed to nullify or modify any provisions of local, State or Federal laws and regulations.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 10085.2