[Adopted 6-8-1981]
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.