A.
According to the following contracts:
|
Place
|
Date
| |
|---|---|---|
|
Village of West Carthage and Climax Manufacturing
Corporation
|
9-25-1969
| |
|
Village of West Carthage and Carthage Central
School
|
1-11-1971
| |
|
Village of Carthage and Crown Zellerbach (now
James River) Corporation
|
9-15-1969
| |
|
Village of Carthage and Village of West Carthage
|
9-15-1969
| |
|
Village of Carthage and Village of West Carthage
|
2-28-1983
| |
|
Village of Carthage and James River Corporation
|
7-22-1991
| |
|
Village of West Carthage and Climax Manufacturing
Corporation
|
7-24-1991
| |
|
Village of West Carthage and Carthage Central
School
|
9-17-1991
|
B.
Capital costs of the POTW which commenced operation
April 10, 1975, are distributed to:
|
Place
|
Percent
| |
|---|---|---|
|
Village of Carthage
|
24.4
| |
|
Village of West Carthage
|
11.8
| |
|
James River Corporation
|
39.8
| |
|
Climax Manufacturing Corporation
|
21.8
| |
|
Carthage Central School
|
2.2
|
C.
Capital costs of the sludge dewatering and stabilization
facilities scheduled for completion April 1, 1993, are distributed
to:
|
Place
|
Percent
| |
|---|---|---|
|
Village of Carthage
|
12
| |
|
Village of West Carthage
|
6
| |
|
James River Corporation
|
40
| |
|
Climax Manufacturing Corporation
|
40
| |
|
Carthage Central School
|
2
|
D.
Language exists in the contracts of July 22, 1991,
July 24, 1991, and September 17, 1991, which provides for extra compensatory
charges should James River Corporation and Climax Manufacturing Corporation
(industrial) or the Village of Carthage, Village of West Carthage
and Carthage Central School exceed the above percent contributions
based on the solid formula:
|
Total solids (lb) = suspended solids (lb) +
.05 BOD (lb) and minimum solids contributions of industrial or municipal
waste streams.
|
E.
Operation and maintenance costs.
(1)
According to the agreements, operation and maintenance
costs are assigned to Village of Carthage, Village of West Carthage,
James River Corporation, Climax Manufacturing Corporation and Carthage
Central School as a percentage of the total operation and maintenance
budget. Such percent is aggregate of the following three factors:
(2)
Percentage derived from actual contributions
of the above parameters in a given calendar year are applied to the
following budget year's operation and maintenance expenses.
F.
All persons discharging or depositing wastes into
the public sewers shall pay a sewer service charge proportional to
the liquid volume of waste so deposited, which charge shall be collected
as a sewer rent.
G.
The Village of Carthage hereby establishes sewer rents
for the Village sewage system and facilities and imposes such sewer
rents as a charge on the real property within the Village of Carthage
using such sewage system.
(1)
Sewer rents shall be collected from the owners
of real property which are connected to any portion of the Village
sewage system.
(2)
The owners of such properties to which metered
water service is furnished by the Village of Carthage shall be charged
a maximum sewer rent equivalent to 175% of the total water bill based
on the water rates as then established. Such sewer rents shall be
billed and be due on a quarterly basis, as of January 1, April 1,
July 1 and October 1 of each year, and shall be payable at the Village
Clerk's office.
(3)
Properties served by the Village sewage system
but which receive water from an unmetered supply and properties which
contribute to the Village sewage system an amount of sewage substantially
less or substantially greater than the amount of water supplied to
the premises shall be charged a Village sewer rent determined on an
equitable basis by the Village Board of Trustees.
(4)
Sewer rents shall be determined if not paid
within 30 days after the date of billing. A ten-percent penalty shall
be added to any bill that is delinquent and unpaid as of such due
date.
(5)
Sewer rents shall be reviewed annually by the
Village Board of Trustees to determine, on the basis of revenues and
expenses of the Village sewage system, whether such rates should be
increased or decreased and, in the case of properties of unmetered
water service, whether such charges are equitable.
All persons discharging or depositing wastes
with concentrations in excess of the pollutant concentrations in normal
sewage shall pay a surcharge equal to extra costs of operation and
maintenance of the Village of Carthage Sewage System and POTW as determined
by the Superintendent and approved by the Village of Carthage Board.
The total sewer service charge (which shall
be called the "user charge") is comprised of two parts, as follows:
The service area of the POTW may be segmented
to assist in a fair distribution of user charges, especially if there
is a pump station serving a segment.
The volume of flow to be used in computing sewer
service charges and abnormal sewage surcharges shall be based upon
metered water consumption as shown on the records of meter readings
maintained by the Village of Carthage Water Department. In the event
that a person discharging wastes into the POTW produces evidence to
the Superintendent demonstrating that a substantial portion of the
total amount of metered water does not reach the POTW, then the Superintendent
shall either establish a percentage of the total metered water to
be used as a basis for such computations or direct the installation
of appropriate flow measuring (and totalizing) devices to measure
and record the actual amounts of flow into the POTW. In the event
that a person discharging wastes into the POTW procures all or part
of his water supply from unmetered sources, the Superintendent shall
either direct the installation of water meters on the other sources
of water supply or direct the installation of appropriate flow measuring
devices to measure and record the actual amount of flow into the POTW.
Any water meters and/or flow-measuring devices installed pursuant
to this section shall be of a type and design acceptable to the Superintendent
and shall be installed, maintained and periodically tested as required
by the Superintendent at the owner's expense. All such meters and/or
flow-measuring devices shall be subject to periodic inspection, testing
and reading by the Superintendent. Any person discharging wastes into
the POTW may install a flow-measuring device, at his option, of the
type, design, installation and maintenance standards of the Superintendent
at the owner's expense.
The billing period shall be quarterly for industrial
and nonindustrial users.
The additional charges and fees associated with
the operation of the pretreatment program shall be assessed the user
and include:
A.
Reimbursement of costs of setting up and operating
the pretreatment program.
B.
Issuing permits.
C.
Monitoring, inspections and surveillance procedures.
D.
Costs of equipment and supplies.
E.
Construction inspections.
F.
Filing appeals.
G.
Application for consistent removal status as outlined
in 40 CFR 403.
H.
Other reasonable expenses to carry out the program
to satisfy the requirements of this chapter, the NYSDEC and the federal
government.
The charge for dumping septage into the POTW
shall be $20 per 1,000 gallons dumped. The manner of determining the
volume dumped shall be at the discretion of the Superintendent.
The Village of Carthage may institute an equitable
procedure for recovering the costs of any capital improvements of
those parts of the POTW which collect, pump, treat and dispose of
industrial wastewaters from those persons discharging such wastewaters
into the POTW.
Provisions of Article XIII of this chapter relating to the collection of penalties shall apply to the collection of sewer service charges and abnormal sewage service surcharges, unless where otherwise provided by application of the Sewer Rent Law by the Village of Carthage.
The POTW shall be operated on the basis of a
fiscal year commencing on the first day of March and ending on the
last day of February.
The Village of Carthage Board shall have the
authority to impose impact fees on new development, which development
may:
Revenues derived from user charges and associated
penalties and impact fees shall be credited to a special fund. Moneys
in this fund shall be used exclusively for the following functions:
A.
For the payment of the operation and maintenance,
including repair and replacement costs of the Village of Carthage
Sewage System and POTW.
B.
For the discovery and correction of inflow and infiltration.
C.
For the payment of interest on and the amortization
of or payment of indebtedness which has been or shall be incurred
for the construction or extension of the Village of Carthage Sewage
System and POTW.
D.
For the extension, enlargement, replacement of and/or
additions to the Village of Carthage POTW, including any necessary
appurtenances.
A.
The Village of Carthage shall maintain and keep proper
books of records and accounts for the POTW, separate from all other
records and accounts, in which shall be made full and correct entries
of all transactions relating to the POTW. The Village of Carthage
will cause an annual audit of such books of record and account for
the preceding fiscal year to be made by a recognized independent certified
public accountant and will supply such audit report to authorized
officials and the public on request.
B.
In conjunction with the audit, there shall be an annual
review of the sewer charge system to determine if it is adequate to
meet expenditures for all programs for the coming year.
C.
Classification of old and new industrial users should
also be reviewed annually.
D.
The Village of Carthage shall maintain and carry insurance
on all physical properties of the POTW of the kinds and in the amounts
normally carried by public utility companies and municipalities engaged
in the operation of sewage disposal systems. All moneys received for
losses under any such insurance policies shall be applied solely to
the replacement and restoration of the property damaged or destroyed.
