A. 
All persons or properties discharging or depositing wastes into the public sewers shall pay a sewer service charge as determined by the category of property as hereinafter defined, which charge shall be collected as a sewer rent.
B. 
Determination of rents.
(1) 
Equivalent units. All owners of Class A, B and C properties connected to and from which wastewater is discharged to the sewer system shall pay sewer rentals based upon the equivalent unit classification for the property. The number of equivalent units for the property shall be determined by the Town based on the following formulas:
(a) 
Class A, Residential.
[1] 
All single-family residences having one kitchen and one bathroom: one unit.
[2] 
Apartments: any structure containing one or more apartments:
[a] 
Primary apartment: one unit.
[b] 
Each additional one-bedroom apartment: one-half (1/2) unit.
[c] 
Each additional two-bedroom apartment: three-fourths (3/4) unit.
[d] 
Each additional three-bedroom apartment: one unit.
[3] 
Trailers (mobile homes): When located on separate or individual lots under fee ownership, they shall be considered as one equivalent unit. When located in a mobile home park and paying monthly rental charges, a separate agreement for discharge shall be prepared based on the number of individual trailers and total contributory flow from the park or property.
[4] 
Residences which include a customary home occupation shall pay a sewer rental for the equivalent unit, plus a surcharge in the amount of $3 per 1,000 gallons of water used in excess of 15,000 gallons per quarter of a year, as determined from the regular water meter reading period.
(b) 
Class B, Commercial.
[1] 
Motels: a minimum of one unit, plus one third (1/3) equivalent unit for each motel unit.
[2] 
Commercial and/or retail outlets: Each individual establishment shall be a minimum of one unit, entitling the occupant to 350 gallons per day of discharge. Thereafter, units shall be the total annual water consumption divided by the number of normal operational days divided by 350 gallons per day per unit.
(c) 
Class C, Institutional. The number of equivalent units shall be determined by either the total number of occupants times 10 gallons per day divided by 350 gallons per day per unit or the total annual water consumption divided by normal operation days divided by 350 gallons per day per unit, whichever results in the greater number of equivalent units. In the case of owners of property from which wastewater is discharged to the sewer system that originates in more than one residential and/or nonresidential establishment located on the property, equivalent units shall be computed for each individual establishment. Individual equivalent units thus computed for each establishment shall be totaled for purposes of determining the total equivalent units for the property.
(2) 
All owners of Class D properties connected to and from which wastewater is discharged to the sewer system shall pay sewer rentals as specified in the agreement for discharge of industrial wastes for said properties.
All persons or properties 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:
     UC(t) = UC(n) + UC(an)
Where
UC(t)
=
Total user charge for POTW operation and maintenance
UC(n)
=
User charge associated with normal sewage
UC(an)
=
User charge associated with abnormal sewage
UC(n)
=
OM X (OQ/100) X (QIA/QA)
UC(an)
=
OM {[OB/100 X (BIA-Bn)/BA] + [OS/100 X (SIA-Sn)/SA] + [OP/100 X (PIA-Pn)/PA] + [ONH/100 X (NHIA-NHn)/NHA] + [OTK/100 X (TKIA-TKn)/TKA]}
Where:
OM
=
Total annual POTW operation and maintenance and debt service costs
OQ
=
Percentage of OM attributable to flow (Q)
OB
=
Percentage of OM attributable to BOD5
OS
=
Percentage of OM attributable to suspended solids
OP
=
Percentage of OM attributable to total phosphorus
ONH
=
Percentage of OM attributable to ammonia
OTK
=
Percentage of OM attributable to total Kjeldahl nitrogen
QIA
=
Average daily flow rate (MGD) from discharger
BIA
=
Average daily BOD5 loading (LB/DAY) from discharger
SIA
=
Average daily suspended solids loading (LB/DAY) from discharger
PIA
=
Average daily total phosphorus loading (LB/DAY) from discharger
NHIA
=
Average daily ammonia loading (LB N/DAY) from discharger
TKIA
=
Average daily total Kjeldahl nitrogen loading (LB N/DAY) from discharger
QA
=
Average daily flow rate (MGD) at the POTW treatment plant
BA
=
Average daily BOD5 loading (LB/DAY) at the POTW treatment plant
SA
=
Average daily suspended solids loading (LB/DAY) at the POTW treatment plant
PA
=
Average daily total phosphorus loading (LB/DAY) at the POTW treatment plant
NHA
=
Average daily total ammonia loading (LB N/DAY) at the POTW treatment plant
TKA
=
Average daily total Kjeldahl nitrogen loading (LB N/DAY) at the POTW treatment plant
Bn
=
BOD5 loading (LB/DAY) in discharge if it were normal sewage
Sn
=
Suspended solids loading (LB/DAY) in discharge if it were normal sewage
Pn
=
Total phosphorus loading (LB/DAY) in discharge if it were normal sewage
NHn
=
Ammonia loading (LB N/DAY) in discharge if it were normal sewage
TKn
=
Total Kjeldahl nitrogen loading (LB N/DAY) in discharge if it were normal sewage
NOTE: If any difference terms in the equation above is negative, then that portion of the equation shall not be used, that is, the difference shall be set to zero when it is negative.
NOTE: All averages are arithmetic averages determined from available data during the billing period.
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.
A. 
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 Town of Ontario 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.
B. 
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.
C. 
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.
D. 
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.
A. 
Class A, B and C services.
(1) 
Sewer rentals set forth herein for Class A, B or C services shall commence as of the date the wastewater facilities become certified for operation, and all owners required to connect to the sewer under Article VI shall be billed from that date.
(2) 
The Town Board shall determine the total number of equivalent units by September 1 of the preceding year for collection of annual sewer rates. Where no previous data is available, the Town Board will make an estimate of the equivalent units per establishment. Each property owner will receive written notice of the number of equivalent units by October 1 of the preceding year, whereafter he can appeal that determination with the Town Board by November 1. By no later than January 10 of the year for collection of sewer rates, the Town Board shall adopt its final list of equivalent units and send out annual sewer rental charges accordingly.
(3) 
Billings shall be rendered to all owners and/or users or potential users of the facilities for the period of time as determined by the Town Board, said period being no greater than one year.
(4) 
Owners of new structures or development(s) that connect to the sewer system for only a portion of the period of time as determined by the Town Board shall pay a pro rata sewer rental for that portion of time actually connected during the period.
(5) 
Sewer rental billings shall be due and payable upon presentation and, if not paid within 30 days from the date of billing, a penalty of 10% shall be added.
B. 
Class D services.
(1) 
Sewer rentals for Class D services shall commence as of the date of the wastewater facilities become certified for operation, and owners shall be billed from that date.
(2) 
All sewer rental billing periods for each Class D property shall be as specified in the agreement for discharge of industrial wastes for each property. All sewer rental billings shall be due and payable at the beginning of each period and, if not paid within 30 days from the date of billing, a penalty of 10% shall be added.
The additional charges and fees associated with the operation of the pretreatment program shall be assessed to 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.
The charge for dumping septage into the POTW shall be set by the Town of Ontario fee schedule levied per 1,000 gallons dumped. The manner of determining the volume dumped shall be at the discretion of the Superintendent.
The Town of Ontario 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.
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 sewer rent law by the Town of Ontario.
The POTW shall be operated on the basis of a fiscal year commencing on the first day of January and ending on the thirty-first day of December.
A. 
The Ontario Town Board shall have the authority to impose facilities 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.
B. 
There shall be a sewer facilities fee that shall apply to all residential, commercial and industrial connections to the public sewer within the sewer benefit area of the Town and any extensions thereof completed after the date of the adoption of this chapter.
C. 
Residential unit charges. There shall be a residential charge for three categories of homes, which fees shall be as set forth in the Town of Ontario Fee Schedule.[1] These categories shall include:
(1) 
An existing home on a new sewer line installed by the Town. Existing homes in an area with new sewers are required to connect to the system within two years of the completion of the sewer line, "completion" being defined to mean the date that the main serving the parcel becomes operational and accepted by the Town. Payment of the facilities fee is due within 30 days of acceptance of the newly installed system by the Town.
(2) 
A new home on a developer installed sewer system. The sewer facilities fee shall be payable at the time of the issuance of the building permit for the new home.
(3) 
A new residential connection on an existing sewer system. The sewer facilities fee shall be payable at the time of application for sewer service.
[1]
Editor's Note: Said Fee Schedule is on file in the office of the Town Clerk.
D. 
Multiple-family dwellings. The sewer facilities fee for residential multifamily dwellings shall be one unit for the first living unit and an additional one-half (1/2) unit for each and every additional living unit which is part of the same building. Any cost for connection to the sewer system shall be borne directly by the developer/owner. One unit shall be the charge for § 114-114C(3) of this Article.
E. 
Commercial and industrial property charge.
(1) 
The minimum sewer facilities fee shall be one unit and the maximum fee shall be determined by the formula set out herein.
(2) 
"One equivalent unit" is hereby defined as follows:
(a) 
Flow: each 60,000 gallons of water per unit consumed annually.
(b) 
Building area: each 2,000 square feet of gross building area.
(c) 
Full value building assessment: one equivalent unit for each $50,000 of assessed valuation.
(3) 
The number of equivalent units derived on the basis of foregoing factors shall be multiplied by an adjustment factor of one unit for units determined by flow, one-half (1/2) for units determined by building area and one-fourth (1/4) for units determined by assessed valuation. The total number of units in each category shall then be added and divided by three to determine the total number of units to be assessed. No use shall be assessed at less than one unit. One unit shall be the charge for § 114-114C(3) of this Article.
(4) 
Any cost for connection to the sewer system shall be borne directly by the developer/owner.
Revenues derived from user charges and associated penalties and facilities 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 Ontario POTW.
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 Ontario POTW.
D. 
For the extension, enlargement, replacement of and/or additions to the Town of Ontario POTW, including any necessary appurtenances.
A. 
The Town of Ontario 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 Town of Ontario 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 coming year.
C. 
Classification of old and new industrial users should also be reviewed annually.
D. 
The Town of Ontario 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.