Village of Perry, NY
Wyoming County
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Table of Contents
Table of Contents
A. 
All persons discharging or depositing wastes into the public sewers shall pay a sewer service charge proportional to the liquid volume of waste so deposited, which charge shall be collected as a sewer rent. Normal sewage service charges shall be based upon normal sewage defined by the following concentration or characteristics.
B. 
Concentration and/or characteristics of normal sewage. "Normal sewage" shall mean sewage, industrial wastes or other wastes which, when analyzed, will contain concentrations of chemical characteristics that are less than that listed below:
(1) 
BOD: 250 mg/l.
(2) 
Chlorine demand: 25 mg/l.
(3) 
COD: 350 mg/l.
(4) 
Total suspended solids: 300 mg/l.
(5) 
Total phosphorus, as P: 15 mg/l.
(6) 
NHn: 30 mg/l.
C. 
Sewer rents.
(1) 
Sewer rents established herein shall be imposed on the owners of all premises located within the corporate limits of the Village of Perry, New York, connected with, or required to be connected with, and served by, or required to be served by, the sewer system. Sewer rents shall include the capital costs of constructing the facilities, debt service costs, operation and maintenance costs, and surcharge costs if applicable.
(2) 
Sewer rents for the use of the sewer system shall be paid monthly. Sewer rents shall be due and payable on the fifth day of each month and shall be paid within 20 days after each monthly due date.
(3) 
The unit and rate determination shall be made annually by the Board of Trustees of the Village of Perry, New York, and shall be based on the total gallons of water consumed during the preceding calendar year. The aforesaid determination shall be made no later than April 1 of each year. The following schedule of water consumption shall govern the determination of applicable units. For every additional 25,000 gallons of water used, an additional 1/4 unit is added to the units.
Schedule of Water Consumption
Average Gallons
Unit
0 to 20,000
3/4
20,000 to 100,000
1
100,000 to 125,000
1 1/4
125,000 to 150,000
1 1/2
150,000 to 175,000
1 3/4
175,000 to 200,000
2
200,000 to 225,000
2 1/4
225,000 to 250,000
2 1/2
250,000 to 275,000
2 3/4
275,000 to 300,000
3
(4) 
The minimum charge for new property or new owners in existing property shall be one unit, until a full usage is available. Multiple dwellings are included as one unit per dwelling unit.
(5) 
Where a building or structure served by one meter is so arranged as to contain private and separate quarters, the following rates shall apply:
(a) 
Where a building or structure, other than those described in Subsection C(5)(b) below, contains one or more separate apartments, the number of apartments into which the building or structure is separated shall divide the total water consumption. The water consumption attributable to each of the separate apartments shall be applied to the Schedule of Water Consumption to determine the units to be charged for each such separate apartment. The total number of units to be charged for all such apartments in the building or structure is then charged to the property owner. An apartment is defined as a portion of a house, building, or other structure consisting of a group of rooms containing sleeping, cooking and eating facilities and arranged to be occupied by the members of a family.
(b) 
Where a building or structure contains a commercial establishment on the ground floor, including but not limited to retail stores, barbershops and beauty shops, garages, banks, post office, funeral homes, or other types of businesses not hereinbefore provided for, and additional floors above the main floor are wholly or partly devoted to separate commercial uses, including offices, said premises shall be charged a minimum 3/4 unit for each floor so used. In the event that said building contains an apartment or apartments above the main floor, there shall be a minimum charge of 3/4 unit for each apartment therein contained above the main floor.
(6) 
Where a sewer connection is required, the full cost of installing a line and making the connection shall be charged.
(7) 
Sewer rents, together with the amounts of any penalty, which shall become due and owing as provided in this chapter shall constitute a lien upon the real property served by the sewer system or such part or parts thereof for which sewer rents shall have been established and imposed. Such rents and/or penalties due may be included in the Village tax levy accounted for and collected pursuant to Article 11 of the New York State Village Law, or such rents and/or penalties due may be collected pursuant to the provisions of Article 14-F of the New York State General Municipal Law.
All persons 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(QIA/QA)
UC(an) = UC(n) 3{[OB X (BIA-Bn)/BA] + [OS X (SIA-Sn)/SA] + [ONH X (NHIA-NHn)/NHA]}
Where:
OM
Total annual POTW operation and maintenance costs
OB
Percentage of OM attributable to BOD5
OS
Percentage of OM attributable to suspended solids
ONH
Percentage of OM attributable to ammonia
QIA
Average daily flow rate (MGD) or in gallons from discharger
BIA
Average daily BOD5 loading (pounds per day) from discharger
SIA
Average daily suspended solids loading (pounds per day) from discharger
NHIA
Average daily ammonia loading (pounds N per day) from discharger
QA
Average daily flow rate (MGD) or in gallons at the POTW treatment plant
BA
Average daily BOD5 loading (pounds per day) at the POTW treatment plant
SA
Average daily suspended solids loading (pounds per day) at the POTW treatment plant
NHA
Average daily total ammonia loading (pounds N per day) at the POTW treatment plant
Bn
BOD5 loading (pounds per day) in discharge if it were normal sewage
Sn
Suspended solids loading (pounds per day) in discharge if it were normal sewage
Nhn
Ammonia loading (pounds N per day) in discharge if it were normal sewage
Notes:
If any difference term 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.
All averages are arithmetic averages determined from available data during the billing period.
A. 
In addition to any other tax, fee, charge or sewer rent imposed or levied for the construction, maintenance, operation, repair, improvement and management of the POTW, the owner or lessee of any parcel of real property connected with such system or sewer, including but not limited to real property connected to such system by means of a private sewer or drain discharging into the POTW, shall pay a sewer surcharge for discharging the following:
(1) 
Any waters discharged from stormwater connections from any building or yard; any drain from catch basins, lakes, swamps, ponds or swimming pool drains; and any other source of cooling waters, except with permission of the Superintendent, as evidenced by a properly issued permit.
(2) 
Any groundwaters which enter the Village sewer system by infiltration of local sewage collection systems.
B. 
Any industrial or manufacturing process or wastes are subject to regulation under this chapter.
C. 
Example: treatment charge based on abnormal strength.
(1) 
An industry discharges into the public sewer system wastes which have been found to contain the following:
(a) 
BOD5: 630 mg/l; normal value 250 mg/l.
(b) 
SS: 280 mg/l; normal value 300 mg/l.
(c) 
NHn: 50 mg/l; normal value 30 mg/l.
(2) 
Monthly volume of discharge to POTW by the industry equals 100,000 gallons.
(3) 
Cost of processing 1,000 gallons of sewage through system, O&M cost determined for the previous year to be $1 per 1,000 gallons. O&M costs shall be determined by the Superintendent and approved annually by the Village Board, inclusive of all operation and maintenance costs, including facility capital costs and administrative expenses.
(4) 
Percentage of O&M costs at the POTW attributable to process for BOD5, suspended solids, and ammonia:
OB = BOD5
50%
OS = Suspended solids
35%
ONH = Ammonia
15%
SF = Surcharge factor for treating abnormal sewage
SF = For treating BOD5 and for treating ammonia
There is no surcharge factor for treating suspended solids as test results of the sample showed that the suspended solids are less than that for normal sewage.
SF =
0.50 x
(630-250)
+ 0.15 x
(50-30)
250
 30
SF =
0.50 x 1.52 + 0.15 x 0.67
SF =
0.76 x 0.10 = 0.86
Notes:
1.
Factor for SS is dropped because SS is less than 300 mg/l.
2.
Surcharge factor values are for illustrative purposes only; actual values shall be determined upon written request to the Superintendent.
3.
Surcharge factors are rounded off to two decimal places.
(5) 
Normal sanitary sewer operation and maintenance charge UC(n)
UC(n) =
100,000 x 1.00
= $100 per month
1,000
UC(an) =
Surcharge = 0.86 x $100 = $86
Total sewer charge for month = $100 + $86 = $186
(6) 
This example illustrates sewer use by large commercial or industrial establishments and not average residential users with normal sewage.
(7) 
Sewage requiring excessive needs for chlorine demand and chemical oxygen demand and containing excessive concentrations of phosphorous shall be evaluated on an individual basis and may require that a pretreatment process be in place.
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 Public Works 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 owner, at his 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.
A. 
The pollutant concentration of any sewage, industrial waste or other wastes shall be determined from representative samples of the effluent discharge to public sewers, taken by the Village of Perry at sampling stations as described under Article X of this chapter, at any period or time, and of such duration and in such manner as the Superintendent may elect, or at any place or manner mutually agreed upon between the person and the Superintendent. The analysis of samples taken may be performed in a laboratory approved by the Superintendent, and the surcharge and/or the acceptability of the wastes shall be determined from said analyses.
B. 
All charges shall be based on the analysis of the wastes from any plant or premises, as determined above, and related to the total volume of wastes discharged. The concentration of pollutants in sewage, industrial waste or other waste once determined as prescribed under this chapter shall be used in calculating the sewer surcharge.
C. 
Whenever the discharges from a premises to the public sewer might be expected to show appreciable periodic variations during the year due to manufacturing process or production variation due to seasonal changes, the Superintendent may prorate these variations and thereby determine an average pollutant concentration.
The billing period shall be monthly.
The additional charges and fees associated with the operation of the pretreatment program shall be assessed 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 $50 per 1,000 gallons dumped. The manner of determining the volume dumped shall be at the discretion of the Superintendent.
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.
The provisions of Article XI of this chapter relating to the collection of penalties shall apply to the collection of sewer rents and abnormal sewage service surcharges.
The POTW shall be operated on the basis of a fiscal year commencing on the first day of June and ending on the 31st day of May.
The Village Board shall have the authority to impose impact fees on new development, which development may:
A. 
Cause enlargement of the service area of the POTW.
B. 
Cause increased hydraulic and/or treatment demands on the POTW.
Revenues derived from user charges and associated penalties and impact 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 Village 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 Village POTW; and
D. 
For the extension, enlargement, replacement of and/or additions to the Village POTW, including any necessary appurtenances.
A. 
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 in accordance with Local Finance Law 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. Classification of old and new industrial users should also be reviewed annually.
C. 
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.
Upon three days' written notice to the Village Clerk by a Village resident with the intention of filling an owned swimming pool, a water meter reading shall be taken immediately before and after the filling of the swimming pool by the Superintendent of Public Works. The sewer portion of the bill will be credited the sewer rate per thousand equal to the amount of water used to fill up the pool.