As used in article, the following terms shall have
the meanings indicated:
ACTUAL AVERAGE FLOW
The average daily wastewater flow from a residential or nonresidential
structure.
(1)
For residential users (regardless of whether
meters are installed), the actual average flow is equivalent to 300
gallons per day per EDU.
(2)
For nonresidential users without Town water
meters, the property owner may install a meter to measure actual average
flow for purposes of calculating sewer use charges. In the absence
of metered data, the flows specified in Appendix C shall be used to calculate the sewer use charges for nonresidential
users. Otherwise, the actual average flow for nonresidential users
for purposes of calculating sewer use charges is the actual meter
readings as set forth below.
(3)
For metered flow, the actual average flow will
be calculated as the metered flow of the prior year. For meters that
are not part of the Town water system, it is the responsibility of
the property owner to provide to and file with the Town Clerk of the
Town of Shandaken an affidavit of actual flow for a twelve-month period
specified by the Town by July 15 of that year, otherwise, at the option
of the Town, the flows specified in Appendix C shall be used to calculate the sewer use charges for the
next year.
CITY
The City of New York, and any of its departments and agencies,
including, without limitation, NYCDEP.
DESIGNATED SERVICE AREA (AKA "TOWN SEWER DISTRICT")
The service area for the Shandaken sewer system (including
any supplemental service area) agreed to by the Town and the NYCDEP
and as filed in the Town Clerk's office and with the New York State
Department of Environmental Conservation, New York State Department
of Health and the NYCDEP. The designated service area (excepting the
supplemental service area) is attached hereto and incorporated herein
as Appendix D.
EQUIVALENT DWELLING UNIT (EDU)
Water usage proportional to that equivalent to a typical
single-family residence within the designated service area. All residential
users within the designated service area are assigned one EDU which
is 291 gallons of water use per day.
GPD UNCOVERED USER CHARGE
The uncovered operation and maintenance costs divided by
the combined residential and nonresidential flow.
GPD USER CHARGE
The O&M costs divided by the total combined residential
and nonresidential flow.
HOUSEHOLD
A dwelling place or household as defined in the O&M agreement
in Section 1.01 (15).
MINIMUM FEE FUND
The fund generated by charging all nonresidential users a
minimum fee of $200. The intent of the minimum fee fund is to use
the funds generated by instituting a minimum fee to offset the cost
for nonresidential users.
MIXED USE STRUCTURE
A parcel or facility that contains both residential and nonresidential
users as referenced in the O&M agreement in Section 1.01 (11).
NONRESIDENTIAL COVERED USER CHARGE
The product of the GPD user charge and the actual average
flow for nonresidential users after deducting the residential flow
proportion.
NONRESIDENTIAL FLOWS
The sum of the actual average flow of wastewater flows from
all nonresidential users to the municipal sewer system.
NONRESIDENTIAL USER CHARGE
The difference between nonresidential share of O&M costs
and the minimum fee fund divided by the nonresidential flow.
NONRESIDENTIAL USERS
All users discharging wastewater to the municipal sewer system
other than residential users.
NYCDEP
The New York City Department of Environmental Protection.
OPERATIONS & MAINTENANCE (O&M) AGREEMENT
The O&M Agreement attached as Appendix F to the amended
and restated new infrastructure agreement entered into between the
Town and the City. The O&M Agreement addresses the payment of
O&M costs associated with operation of the sewer system.
OPERATION & MAINTENANCE (O&M) COSTS
The costs of operating and maintaining the municipal sewer
system as those costs are defined in the O&M agreement in Section
1.01 (15) but excluding watershed O&M costs as those costs are
defined in the O&M agreement in Section 1.01 (25).
RESIDENTIAL FLOW PROPORTION
The actual average flow for the residential portion of a
mixed use structure calculated as the sum of the EDUs within the structure
times 300 gallons per day.
RESIDENTIAL FLOWS
The sum of the actual average flow of wastewater from all
residential users in the designated service area.
RESIDENTIAL USER
A dwelling place or household as defined in the O&M Agreement
in Section 1.01 (11) that is located in the designated service area
that is connected to the municipal sewer system.
SEWER SYSTEM
All facilities for collecting, regulating, pumping and transporting
wastewater to and away from the Town's treatment plant.
SURCHARGE
The debt or capital charge assessed equitably against benefitted
residential and nonresidential users.
TOTAL RESIDENTIAL USER CHARGE
Equal to the watershed MOA household cap times the number
of EDUs for a particular user plus the uncovered user charge.
TOWN
The Town of Shandaken.
UNCOVERED OPERATIONS AND MAINTENANCE COSTS
All costs incurred by the Shandaken sewer system in operating,
maintaining, repairing and replacement of the sewer system that are
not classified as O&M costs hereunder.
USER
Any property connected to the municipal sewer system.
WATERSHED EQUIPMENT AND METHODS COSTS
The equipment and methods incorporated in the sewer system
required solely by the watershed regulations as defined in the O&M
Agreement in Section 1.01 (25).