[Amended 10-3-2022 by L.L. No. 1-2022]
All persons discharging or depositing wastes
into the public sewers shall pay a sewer service charge based upon
water consumption, which charge shall be collected as a sewer rent,
and shall be $5 per 1,000 gallons.
All persons discharging or depositing wastes
with concentrations in excess of the pollutant concentrations in normal
sewage shall pay a surcharge.
The total sewer service charge, which shall
be called the "user charge," is comprised of two parts, as follows:
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UC(t) =
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UC(n) + UC(an)
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Where:
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UC(t) =
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Total user charged for Town and village sewer
systems operation and maintenance
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UC(n) =
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User charge associated with normal sewage
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UC(an) =
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User charge associated with abnormal sewage
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UC(n) =
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OM x (OQ/100) x (QIA/QA)
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Where:
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OM =
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Total annual Town and village sewer systems
operation and maintenance costs
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OQ =
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Percentage of OM attributable to flow (Q)
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OB =
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Percentage of OM attributable to BODS
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OS =
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Percentage of OM attributable to suspended solids
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OP =
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Percentage of OM attributable to total phosphorus
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ONH =
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Percentage of OM attributable to ammonia
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OTK =
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Percentage of OM attributable to total kjeldahl
nitrogen
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QIA =
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Average daily flow rate [millions of gallons
per day (mgd)] from discharger
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BIA =
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Average daily BOD5 loading [pounds per day (l/day,)
from discharger
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SIA =
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Average daily suspended solids loading (lb/day)
from discharger
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PIA =
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Average daily total phosphorus loading (lb/day)
from discharger
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NHIA =
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Average daily ammonia loading (pounds of nitrogen
per day (lb N/day) from discharger
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TKIA =
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Average daily total kjeldahl nitrogen loading
(lb N/day) from discharger
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QA =
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Average daily flow rate (mgd) at the Town and
village sewer services
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BA =
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Average daily BOD5 loading (lb/day) at the Town
and village sewer services
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SA =
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Average daily suspended solids loading (lb/day)
at the Town and village sewer services
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PA =
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Average daily total phosphorus loading (lb/day)
at the Town and village sewer services
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NHA =
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Average daily total ammonia loading (lb N/day)
at the Town and village sewer services
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=
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Average daily total kjeldahl nitrogen loading
(lb N/day) at the Town and village sewer services
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Bn =
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BOD5 loading (lb/day) in discharge if it were
normal sewage
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Sn =
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Suspended solids loading (lb/day) in discharge
if it were normal sewage
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Pn =
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Total phosphorus loading (lb/day) in discharge
if it were normal sewage
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NHn =
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Ammonia loading (lb N/day) in discharge if it
were normal sewage
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TKn =
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Total kjeldahl nitrogen loading (lb N/day) in
discharge if it were normal sewage
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The service area of the Town and village sewer
systems 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 charges shall be based upon metered
water consumption as shown on the records of meter readings maintained
by the Town of Albion Water Department. In the event that a person
discharging wastes into the Town and village sewer systems produces
evidence, to the Superintendent, demonstrating that a substantial
portion of the total amount of metered water does not reach the Town
and village sewer systems, 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 amount of
flow into the Town and village sewer systems. In the event that a
person discharging wastes into the Town and village sewer systems
procures all or part of his/her 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 Town and village sewer systems. 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 Town and village sewer systems may install a flow measuring device
at his/her 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.
Reviewing accidental discharge procedures.
F.
Construction inspections.
G.
Filing appeals.
H.
Application for consistent removal status as outlined
in 40 CFR 403.
I.
Other reasonable expenses to carry out the program
to satisfy the requirements of this chapter, the NYSDEC and the federal
government.
A.
The charge for dumping septage into the Town sewer
systems shall be $0.03 per gallon dumped. The manner of determining
the volume dumped shall be at the discretion of the Superintendent.
The charge for dumping sludges into the Town sewer systems shall be
as follows:
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Sludge Composition
[percent (%) solids]
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Cost per Gallon
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Less than 5%
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$0.05
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Over 5% but less than 7.5%
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$0.075
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Over 7.5% but less than 10%
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$0.10
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Over 10% but less than 12%
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$0.15
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B.
Sludges greater than 12% will not be accepted. The
rates are based on the highest solids content of the loads. A Part
360 sludge analysis must be completed annually by the discharger.
C.
The charge for recreation vehicle (RV) waste discharged
into the Town of Albion Town and village sewer systems will be $10
(200 gallons maximum) for non-Town residents.
The Town of Albion may institute an equitable
procedure for recovering the costs of any capital improvements of
those parts of the Town and village sewer systems which collect pump,
treat and dispose of industrial wastewaters from those persons discharging
such wastewaters into the Town and village sewer systems.
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, unless where otherwise provided by application of the New York Sewer Rent Law by the Town of Albion.
The Town Sewer Systems shall be operated on
the basis of the Town's fiscal year.
The Town of Albion Town Board shall have the
authority to impose impact fees on new development, to the extent
allowed by state law, 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 Town of Albion sewer
systems.
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 Town of Albion sewer systems.
D.
For the extension, enlargement, replacement of and/or
additions to the Town of Albion Town sewer systems, including any
necessary appurtenances.
A.
The Town of Albion shall maintain and keep proper
books of records and accounts for the Town sewer systems, separate
from all other records and accounts, in which shall be made full and
correct entries of all transactions relating to the Town sewer systems.
The Town of Albion 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 coining year.
C.
Classification of old and new industrial users should
also be reviewed annually.
D.
The Town of Albion shall maintain and carry insurance
on all physical properties of the Town and village sewer systems,
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.
