The purpose of this article shall be to establish a system whereby sufficient
revenue can be generated to pay all costs for operation and maintenance of
the Beaver Dam Lake sewer system to the Town of New Windsor, for operation
and maintenance costs attributable to the Beaver Dam Lake sewer system within
the Town of Cornwall and such costs for operation and maintenance attributable
to the Town of Cornwall. The costs shall be distributed to all users of the
wastewater system in proportion to the contribution of each user class to
the total loading of the treatment works. Factors such as strength (BOD and
SS), volume and delivery flow rate characteristics shall be considered and
included as the basis for each user class' contribution to ensure a proportional
distribution of operation and maintenance (including replacement) costs to
each user class.
The Town Board 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 modification, power, sampling,
laboratory tests and a reasonable contingency fund.
The Town Board shall assign the number of units of use to each user
class on the following basis:
A. Users within the average residential user (i.e., single-family
residence) class shall be assigned 10 units of use.
B. Ten units of use shall be assigned to users within other
user classes for each quantity of use equivalent to that of the average residential
user.
C. The sewer use charge to be paid shall be determined in
accordance with the following schedule:
|
Classification
|
Units of Use
|
---|
|
Single-family residence
|
10
|
|
Two-family dwelling
|
20
|
|
Multiple residences
|
10 for each dwelling unit
|
|
Mobile homes
|
10
|
The Town Board shall review the total annual cost of operation and maintenance
as well as each user class' 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 number of units of use assigned to that class
of users shall be adjusted accordingly.
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 is attributable
to wastewater treatment services.
The discharge of any waters containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with other
waste, 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 effect on the waters receiving any discharge from the treatment
works, is hereby prohibited.
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 Town of Cornwall and
users (including industrial users, special districts, other municipalities
or state and federal agencies or installations) which are inconsistent with
§ 204(b)(1)(A) of the Clean Water Act (33 U.S.C. § 1251
et seq., as amended) or 40 CFR Part 35 rules and regulations.