Village of Cobleskill, NY
Schoharie County
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[Adopted 8-19-1991 by L.L. No. 7-1991]
The Board of Trustees of the Village of Cobleskill does hereby enact and impose a sewer rent charge upon the owner of each parcel of real property served or required to be served by the Village sewer collector system for the use of such system and sewage treatment plant.
[Amended 5-19-1997 by L.L. No. 1-1997; 6-15-1998 by L.L. No. 3-1998[1]; 7-15-2002 by L.L. No. 7-2002]
A. 
A sewer rent charge will be imposed at the current minimum rate (as set and adjusted by the Village Board from time to time) for zero to 5,000 gallons of water charged, or fractional part thereof, and the current rate per gallon for each 1,000 gallons of water charged, or fractional part thereof, thereafter; provided, however, that high-volume users, defined as a user who is charged for more than three million gallons per month for each of the most recent three months, may elect to be charged for actual usage, in which case such user shall cause to be installed at its own cost, pursuant to Village specifications, a flow meter purchased from the Village, and such user thereafter shall be charged a sewer rent charge based on actual metered effluent at the above rates and at a reduced rate of $5.67 for each 1,000 gallons, or fractional part thereof, in excess of three million gallons charged per month (or such adjusted reduced rate as the Village Board shall from time to time adopt by resolution).
[Last amended 9-20-2016 by L.L. No. 4-2016]
B. 
Surcharge for abnormal sewage. All persons discharging or depositing wastes with concentrations in excess of the pollutant concentrations in normal sewage shall pay a surcharge.
C. 
Total sewer service charge. The amount of any surcharge will be established as set forth by resolution and amended from time to time by resolution by the Village Board of Trustees after consultation with the Sewer Superintendent. Surcharges will be applied above the limitations set forth in § 118-9C(11).
D. 
Segmenting the POTW. 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.
E. 
Measurement of flow. 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 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 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 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.
F. 
Billing period. The sewer rent charge shall be due and payable on the last day of March, June, September and December of each year for residential and nonindustrial users. The sewer rent charge shall be due and payable monthly for industrial and high users. If a sewer rent charge is not paid by the due date which shall appear on the bill, resulting in a past due account status, a penalty of 5% of the charge per bill shall be added thereto for each quarter or month, based on the billing cycle, until paid or until said charge becomes a tax lien as provided for in this chapter.
[Amended 9-2-2008 by L.L. No. 8-2008]
G. 
Pretreatment program costs. The additional charges and fees associated with the operation of the pretreatment program shall be assessed the user, and include:
(1) 
Reimbursement of costs of setting up and operating the pretreatment program;
(2) 
Issuing permits;
(3) 
Monitoring, inspections, and surveillance procedures;
(4) 
Costs of equipment and supplies;
(5) 
Reviewing accidental discharge procedures;
(6) 
Construction inspections;
(7) 
Filing appeals.
(8) 
Application for consistent removal status as outlined in 40 CFR 403;
(9) 
Other reasonable expenses to carry out the program to satisfy the requirements of this Law, the NYSDEC, and the federal government.
H. 
Charges for trucked and hauled wastes. The charge for treatment and disposal of trucked or hauled waste which has been introduced into the POTW shall be as established by the Village Board. The manner of determining the volume dumped shall be at the discretion of the Superintendent.
I. 
Capital recovery. The Village 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.
J. 
Collection of charges. Provisions of § 118-18 of this Law 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 Village.
K. 
Fiscal year for system. The POTW shall be operated on the basis of a fiscal year commencing on the first day of June and ending on the thirty-first day of May.
L. 
Impact fees. The Village Board of Trustees shall have the authority to impose impact fees on new development, which development may:
(1) 
Cause enlargement of the service area of the POTW;
(2) 
Cause increased hydraulic and/or treatment demands on the POTW.
M. 
Use of revenues. 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:
(1) 
For the payment of the operation and maintenance, including repair and replacement costs of the Village POTW;
(2) 
For the discovery and correction of inflow and infiltration;
(3) 
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 POTW; and
(4) 
For the extension, enlargement, replacement of, and/or additions to the Village POTW, including any necessary appurtenances.
N. 
Records and accounts.
(1) 
The Village 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 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.
(2) 
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.
(3) 
Classification of old and new industrial users should also be reviewed annually.
(4) 
The Village 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.
[1]
Editor's Note: This local law provided that it take effect 9-1-1998.
[Amended 9-2-2008 by L.L. No. 8-2008]
Any sewer rent charge with penalties thereon which is past due on December 1 of any year shall be levied and charged to the real property tax on such affected parcel, and interest and penalties then shall be charged thereon at the same rate as for unpaid real property taxes. Such levy shall constitute a lien upon such real property prior and superior to any other lien or claim except for the lien of taxes then due.
The Village Clerk shall render a statement of the sewer rent charge due for each property to the owner thereof in the month succeeding the period for which such rent is charged. Such statement may be incorporated with the statement for water charges, but the two charges shall be shown separately thereon. The failure of the Village Clerk to render such a statement or the failure of the property owner to receive such statement shall not affect the duty of the property owner to pay any such charge.
The Village Board of Trustees shall have the power to adopt by resolution rules and regulations in connection with the administration of this article.
[1]
Editor's Note: Former § 118-24, Sewer rent fund, was repealed 7-15-2002 by L.L. No. 7-2002. This local law also renumbered former §§ 118-25 and 118-26 as 118-24 and 118-25, respectively