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.
All persons discharging or depositing wastes
with concentrations in excess of the pollutant concentrations in normal
sewage shall pay a surcharge.
A.
The sewer rates and charges set forth in this article
shall be applicable to the Robin Meadows Sewer District, the Ridgebury
Lake Sewer District and Sewer District No. 1 and such other districts
as may be created from time to time by the Town.
B.
All usage and/or capital charges shall be determined
by resolution of the Town Board and shall be due and payable within
20 days from time of billing in each quarter or yearly, as determined
by resolution of the Town Board.
C.
Unpaid sewer charges in arrears for 20 days shall
be subject to a penalty of 2% of the amount due for each 30 days or
portion thereof of delinquency. When any bill is in default at year-end
closing in December of each year, such bill shall be presented to
the County of Orange for payment, and said bill will then become part
of the county and Town tax lien on said property for the following
year.
D.
Each parcel in a sewer district, whether improved
or unimproved, and whether or not the parcel is improved by a building
which uses the district sewer system to supply sewer services to the
building, and whether or not a building is hooked up to the district
sewer system, shall pay a capital fee apportioned among the parcels
in said district or among said district’s customers in accordance
with New York State law and as determined by resolution of the Town
Board.
[Amended 12-29-2022 by L.L. No. 1-2023]
E.
The Town Board, by resolution from time to time, shall
establish and may amend sewer rates and fees for the various districts.
Rates shall reflect district expenses, including capital expenditures
and operation and maintenance costs. Rates and fees may be amended
only following due notice to district property owners and a public
hearing.
F.
The assessment for capital costs in districts consisting
primarily of nonresidential parcels may be based on assessed valuation
of the parcels within the sewer district in question.
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 Town Water Department. In the event that a person
discharging wastes into the POTW produces evidence, to the System
Operator, demonstrating that a substantial portion of the total amount
of metered water does not reach the POTW, then the Town Board 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 amount 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 Town 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 Town and shall be installed, maintained,
and periodically tested as required by the System Operator, at the
owner's expense. All such meters and/or flow measuring devices shall
be subject to periodic inspection, testing, and reading by the System
Operator or the Town. 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 Town, at the owner's
expense.
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, including the cost of hiring consultants
and professionals;
B.
Issuing permits;
C.
Monitoring, inspections, and surveillance procedures;
D.
Costs of equipment and supplies;
E.
Reviewing accidental discharge procedures;
F.
Construction inspections;
G.
Filing appeals;
H.
Application for consistent removal status as outlined
in 40 CFR 403; and
I.
Other reasonable expenses to carry out the program
to satisfy the requirements of this chapter, the NYSDEC, and the federal
government.
The charge for treatment and disposal of trucked
or hauled waste which has been introduced into the POTW shall be as
established by the Town. The manner of determining the volume dumped
shall be at the discretion of the Town.
If industrial discharges to a POTW require process
modifications to meet discharge permit requirements, the Town may
recover the cost of those improvements from the responsible industrial
user(s). The Town 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 XI of this chapter relating to the collection of penalties shall apply to the collection of sewer service charges and abnormal sewage service surcharges.
The POTW shall be operated on the basis of a
fiscal year commencing on the first day of January and ending on the
31st day of December.
A.
New hookups. In addition to all construction costs
associated with the installation of a new connection, the user shall
pay the following inspection and administration fee:
(1)
Residential: $500.
(2)
Commercial: $500.
(3)
Hookup
fee charges may be amended from time to time by resolution of the
Town Board and may vary for residential, commercial, institutional
and industrial users and may vary based on pipe size and other factors
as determined by the Town Board.
[Added 12-29-2022 by L.L. No. 1-2023]
(4)
The
City of Middletown (“Middletown”) charges hookup fees
to properties in Sewer District No.1, which fee is in addition to
the Town’s hookup fee. Middletown bases its hookup fees on projected
and actual flow as provided in § 193-55 of the Middletown
City Code. Use of Middletown’s sewer services is prohibited
unless and until the Town’s and Middletown’s hookup fees
are paid.
[Added 12-29-2022 by L.L. No. 1-2023]
(5)
Users in Sewer District No.1 that connected to Middletown’s sewer system subsequent to September 17, 2015, and prior to November 23, 2021, without paying a hookup fee to Middletown shall be charged a surcharge in an amount equal to 50% of the fee amount those users should have paid, which amount shall be billed to and paid by each affected user in eight annual and equal installments. Delinquent payments may be collected by the Town pursuant to § 138-120.
[Added 12-29-2022 by L.L. No. 1-2023]
Revenues derived from user charges and associated
penalties, and impact fees, shall be credited to a special fund. Monies
in this fund shall be used exclusively for the following functions:
A.
The Town 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 Town will cause an annual audit of such
books of record and account for the preceding fiscal year to be made
by an 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 Town 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 monies received for
losses under any such insurance policies shall be applied solely to
the replacement and restoration of the property damaged or destroyed.
