[HISTORY: Adopted by the Town Board of the Town of Goshen as indicated in article histories. Amendments noted where applicable.]
Article I Sewer District No. 1
[Adopted 1-8-1981 by L.L. No. 2-1981]
The purpose of this article shall be to generate sufficient revenue to pay all costs for operations and maintenance for the Town's complete wastewater system and to the Village of Goshen for operation and maintenance costs attributable the Town. The costs shall be distributed to all users of the wastewater system in proportion to the contribution of each user to the total loading of the treatment works.
The Town of Goshen or its designee shall determine the total annual costs of operation and maintenance of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works were designed and constructed. The total annual cost of operation and maintenance shall include but need not be limited to labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests and a reasonable contingency fund.
The Town of Goshen or its designee shall determine each user's average daily volume of wastewater, which has been discharged to the wastewater system, which shall then be divided by the average daily volume of all wastewater discharged to the wastewater system, to determine each user's volume contribution percentage. The amount used as the total average daily volume of wastewater shall include infiltration and inflow.
Residential users may be considered to be one class of user, and an equitable service charge may be determined for each user based upon an estimate of the total wastewater contribution of this class of user. The governing body may classify industrial, commercial and other nonresidential establishments as residential users, provided that the wastes from these establishments are equitable to the wastes from the average residential user with respect to volume, suspended solids and BOD. Each user's wastewater treatment cost contribution will be assessed in accordance with the attached rate schedule.
The Town Board shall review the total amount cost of operation and maintenance, as well as each user's wastewater contribution percentage, not less often than every two years and will revise the system as necessary to assure equity of the service charge system established herein and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater treatment works. If it is determined that excess revenues have been collected from a class of users, the excess revenues from that class of users shall be applied to the costs of operation and maintenance attributable to that class for the next year and the rate charged to such users shall be adjusted accordingly.
Subject to change, a schedule of rates, penalties and charges shall be established by the Town Board. Such schedule of rates may be obtained from the Inspector or Town Clerk.
Bills for sewer service shall become due and payable to the districts at such place and to such person as designated by the Town Board and shall be rendered for such billing periods as the Town Board shall designate. If such bills are not paid within 30 days after the due date designated by the Town Board, a penalty of 10% will be added thereto. If such bills are paid within 10 days after the due date designated by the Town Board, a two-percent cash discount may be taken on the principal portion of the current bill.
All quarterly sewer charges shall be due and payable on the first day of February, the first day of May, the first day of August and the first day of November of each year for the preceding three months.
Payment of quarterly sewer charges shall be made to the Clerk of the Town without charge on or before the first day of March, June, September and December for the current three months in each year.
Sewer rents and charges and penalties thereon shall be liens upon the real property upon which the sewer is used, and on or before the day when, under the Town Law, preliminary estimates of expenditures are required to be submitted, the Inspector shall file with the Town Clerk a statement showing all sewer rents and charges with penalties thereon unpaid for more than 60 days, which statement shall contain a brief description of the property to which the sewer was supplied or upon which the charges were incurred, the tax account number, the name of the owner liable to pay the same, so far as may be known, and the amount chargeable to each.
Such rents, charges and penalties shall not be collected by the collector of the districts after the filing of such statement with the Town Clerk but may be thereafter paid to the Supervisor until such time as a statement of such unpaid sewer rents, charges and penalties is submitted to the Orange County Legislature for the purpose of levying the same as a tax against the property affected.
Any person who shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, apparatus or equipment which is part of the municipal sewer system shall be deemed to have violated this Article. Any person who commits or permits any acts in violation of any of the provisions of this Article shall be deemed to have committed an offense against such chapter and shall be liable for the penalties provided. A separate offense against this Article shall be deemed committed on each day during or on which a violation occurs or continues. A separate penalty may be imposed for each separate offense.
Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services. The charge for operation and maintenance will always be a separate bill item from other charges such as debt, service, etc.
The discharge of any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems or to injure or interfere with any sewage treatment process, constitute a hazard in or have an adverse affect on the waters receiving any discharge from the treatment works is hereby prohibited. Section 79-6 of the Code of the Town of Goshen contains additional requirements covering the use of public sewers.
Each user which discharges any toxic pollutant which causes an increase in the cost of managing the effluent or the sludge of the wastewater treatment works shall pay for such increased costs.
This system of service charges shall take precedence over any terms or conditions of agreements or contracts between the grantee and users (including industrial users, special districts, other municipalities or state and federal agencies or installations) which are inconsistent with Section 204(b)(1)(A) of the Clean Water Act (33 U.S.C. § 1251 et seq., as amended) or the 40 CFR 35 rules and regulations.
The rate per thousand gallons, based upon metered water consumption for the fiscal year 1981, shall be $2.90.