In addition to any other fees, charges, sewer rents or taxes
provided by law, the owner or tenant of any parcel of real property
connected with the sewer system by any means may be subject to payment
of an industrial waste surcharge for use of the wastewater treatment
works for discharging industrial wastes or other wastes accepted for
admission into the system. The industrial waste surcharge shall consist
of, but not be limited to, the following charges:
A. Operation and maintenance charges.
For purposes of imposition of the industrial waste surcharge, industrial wastewater shall be defined as any waste with constituent characteristics exceeding those listed in §
230-37B of this Part
2.
The surcharge shall be computed by the Coordinator using the following surcharge formulas and shall apply to industrial users as defined in §
230-64.
A. For operation and maintenance charges:
B. For debt service charges:
C. Where:
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OMC
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=
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Industry share of the annual operation and maintenance charges.
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|
A
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=
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Annual operation and maintenance cost of the treatment facility.
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V
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=
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Average daily volume discharged by the industrial user.
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Q
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=
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Average daily flow of treatment facility influent.
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CI
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=
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Average COD of daily indirect discharge for sample(s) taken
during the pretreatment year of July 1 to June 30 (pounds per day).
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CP
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=
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Average daily COD (pounds per day) of treatment facility influent.
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BI
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=
|
Average BOD5 of daily indirect discharge for sample(s) taken
during the pretreatment year of July 1 to June 30 (pounds per day).
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BP
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=
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Average daily BOD5 (pounds per day) of treatment facility influent.
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TI
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=
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Average TOC of daily indirect discharge for sample(s) taken
during the pretreatment year of July 1 to June 30 (pounds per day).
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TP
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=
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Average daily TOC (pounds per day) of treatment facility influent.
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SI
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=
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Average suspended solids of daily indirect discharge for sample(s)
taken during the pretreatment year of July 1 to June 30 (pounds per
day).
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SP
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=
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Average daily suspended solids (pounds per day) of treatment
facility influent.
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Xo
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=
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Percent of operation and maintenance costs attributable to flow.
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Co
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=
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Percent of operation and maintenance attributable to COD.
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To
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=
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Percent of operation and maintenance attributable to TOC.
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Yo
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=
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Percent of operation and maintenance attributable to BOD.
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Zo
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=
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Percent of operation and maintenance attributable to suspended
solids.
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DSC
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=
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Industry share of annual debt service of treatment facility.
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D
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=
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Annual debt service cost of treatment facility.
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Xc
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=
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Percent of local capital cost attributable to flow.
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Cc
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=
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Percent local capital costs attributable to COD.
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Tc
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=
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Percent local capital costs attributable to TOC.
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Xc
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=
|
Percent local capital costs attributable to BOD.
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|
Zc
|
=
|
Percent local capital costs attributable to suspended solids.
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|
U
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=
|
Cost attributable to any other parameters for which the treatment
facility was designed to remove, such as but not limited to phosphorus
and nitrogen.
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D. Industrial waste surcharge.
(1) The total industrial waste surcharge (IWS) will be based upon the
industry share of the operation and maintenance charges and annual
debt service less the adjusted share of any sewer rent payments made
by the user. The adjusted share of sewer rent (ASR) for operating
and maintaining and/or the capital costs of the POTW shall be calculated
using the following formula:
ASR = SR [(A + D)/SF]
Where: A and D have the meanings set forth in Subsection
C hereof; SR shall equal the annual amount of any sewer rent charges paid by the user; and SF shall equal the total annual sewer fund operating budget as established by the Town (as may be adjusted by the Coordinator to account for anomalies).
(2) The IWS will be calculated using the following formula:
IWS = (OMC + DSC) - ASR
Where: OMC and DSC shall have the meanings set forth in Subsection
C hereof.
(3) If the ASR exceeds the sum of the OMC and the DSC, there will be
no IWS imposed and no reimbursement of SR.
(4) Notwithstanding the foregoing, in calculating the IWS for users located
outside the territorial limits of the Town, the amount of the ASR
to be deducted from the sum of the OMC + DSC may not exceed the projected
ASR for that user's facility if it were located within the territorial
limits of the Town.
The industrial waste surcharge shall be based upon the measured or estimated constituents and characteristics of the wastewater discharge of the user which may include, but are not limited to, flow rate, biochemical oxygen demand, total suspended solids, chemical oxygen demand and total organic carbon. The wastewater constituents and characteristics used to calculate the industrial waste surcharge will be those listed in §
230-37B of this Part
2, as well as those determined by the Coordinator. Any data provided by the user may be used in addition to the data obtained by the Coordinator.
In applying the surcharge formulas, the Coordinator may represent
flow discharged into the sewer system by:
A. The amount of water supplied to the premises as shown on the water
meter or water records if the premises are metered;
B. The volume of wastewater discharged into the sewer system as determined
by the measurements and samples taken at a monitoring facility installed
by the owner of the property served by the sewer system;
C. Allowances for water not discharged to the sewer system will be made
at the discretion of the Coordinator; or
D. A figure determined by the Coordinator by any combination of the
foregoing or by any other equitable method.
In the event that the pollutant concentration of the waste discharged from the premises to a public sewer as determined under §
230-68 of this Part
2 is disputed by a user, a program of resampling and flow measurement with subsequent analytical determination may be instituted as follows:
A. The person must submit a request for resampling and flow measurements
of the wastes to the Coordinator.
B. A consultant or agency of recognized professional standing in the
employ of the user must confer with representatives of the Coordinator
in order that an agreement may be reached as to the various factors
which must be considered on a new sampling and flow measurement program.
C. The consultant or agency of recognized professional standing employed
by the user shall conduct a resampling and reanalysis program under
the direction of the Coordinator for at least two twenty-four-hour
periods.
D. The results of the resampling and the reanalysis shall be considered
to be the current analysis of the wastes discharged to the sewer system
and shall be used for determining the acceptability of the sampling
and analysis results in question. The new results may be used in place
of the results in question or in addition to other data collected
by the Department for determining the industrial waste surcharge and/or
compliance with this Part 2.
E. All costs of sampling, analysis and flow measurement are to be paid
by the user.
Industrial waste surcharge fees, industrial waste discharge
permit fees and any related fees shall be liens against real property
within the Town to the extent set forth in § 452 of the
General Municipal Law.
The Town may enforce the collection of such fees as are described in §
230-70 of this Part
2 pursuant to § 452 of the General Municipal Law.
Pursuant to § 453 of the General Municipal Law, revenues derived from such fees as are described in §
230-70 of this Part
2 shall be credited to the special fund known as the "Sewer Rent Fund." Disbursement therefrom shall be made pursuant to such section of the General Municipal Law.