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Town of Walworth, NY
Wayne County
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Table of Contents
Table of Contents
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.
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; OM(QIA/QA)
UC(an)
=
User charge associated with abnormal sewage; OM/100 {[OB x (BIA - Bn)/BA] + [OS x (SIA - Sn)/SA] + [OP x (PIA - Pn)/PA] + [ONH x (NHIA - NHn)/NHA] + [OTK x (TKIA -TKn)/TKA]}
Where:
OM
=
Total annual POTW operation and maintenance 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 load (LB N/DAY) in discharge if it were normal sewage
NOTES:
1.
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.
2.
All averages are arithmetic averages determined from available data during the billing period.
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 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. In the event that a person discharging wastes into the POTW procures all or part of his or her 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 or her 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 or her option, of the type, design, installation and maintenance standards of the Superintendent, at the owner's expense.
The billing period shall be triennially (every four months) for industrial and nonindustrial users.
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 Part 2, the NYSDEC and the federal government.
[Amended 9-1-1994 by L.L. No. 1-1994]
The charge for dumping septage into the POTW shall be as set forth from time to time by Town Board resolution. The manner of determining the volume dumped shall be at the discretion of the Superintendent.
The Town 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 XII of this Part 2 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 Part 1, Sewer Rents, by the Town.
The POTW shall be operated on the basis of a fiscal year commencing on January 1 and ending on December 31.
The Town 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 Town POTW treatment plant;
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 POTW; and
D. 
For the extension, enlargement, replacement of and/or additions to the Town POTW, including any necessary appurtenances.
A. 
The Town 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 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 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.
[Added 8-20-2020 by L.L. No. 2-2020]
Costs associated with the Wayne County Regional Wastewater Treatment Plant will be paid via assessments against those in the associated sewer district(s), which shall be apportioned based upon Equivalent Dwelling Units assigned per the following criteria:
A. 
Residential (Class A):
(1) 
Single family residence (estimated 60,000 gpy): One EDU. ;
(2) 
Mobile home/apartment/town home (with kitchen and bath): one EDU.
(3) 
Multifamily homes, town homes, or homes with apartments shall be assigned one EDU for each separate home, town home, or apartment containing a kitchen and bath.
B. 
Commercial/institutional (Class B, less than 480,000 gallons per year):
(1) 
Minimum One EDU per service and an additional One EDU for every 60,000 gallons per year usage above the first 60,000 gallons per year (gpy), up to 480,000 gpy, rounded to the nearest whole EDU.
Example:
"Cheerful Day-Care Center" usage (previous year) = 345,000
gpy Minimum for first 60,000 gpy = 1 EDU
345,000 gpy - 60,000 gpy = 285,000 gpy
285,000 gpy/60,000 gpy = 4.75 = 5 EDU's
Total = 6 EDU
C. 
Commercial/institutional (Class B, greater than 480,000 gpy):
(1) 
Minimum One EDU per service and an additional One EDU for every 60,000 gpy usage above the first 60,000 gpy up to 480,000 gpy and then an additional One EDU for every 120,000 gpy above 480,000 gpy, rounded to the nearest whole EDU.
Example:
"Community School Facility" usage (previous year) = 1,025,000 gpy
Minimum for first 60,000 gpy = 1 EDU
480,000 gpy - 60,000 gpy = 420,000 gpy/60,000 gpy = 7 EDU's
1,025,000 gpy - 480,000 gpy = 545,000 gpy/120,000 gpy = 4.54 = 5 EDU's
Total EDU's for "Community School Facility" example = 1 + 7 + 5 = 13 EDU's
D. 
Industrial user (Class C, less than 6,000,000 gpy):
(1) 
One EDU for every 60,000 gpy up to 6,000,000 gpy, and then rounded to the nearest whole EDU. Minimum Six EDU's.
Example:
"X Fabricator Inc." usage (previous year) = 900,000 gpy
900,000 gpy/60,000 gpy = 15 EDU's
E. 
Industrial user (Class C, greater than 6,000,000 gpy):
(1) 
One EDU for every 60,000 gpy usage up to 6,000,000 gpy and then an additional One EDU for every 120,000 gpy above 6,000,000 gpy, and then rounded to the nearest whole EDU.
Example:
"Y Food Processing Corp." usage (previous year) = 13,420,000 gpy
6,000,000 gpy/60,000 gpy = 100 EDU's
13,420,000 gpy - 6,000,000 gpy = 7,420,000 gpy/120,000 gpy = 61.8 = 62 EDU's
Total EDU's for "Y Food Processing Corp." example = 100 + 62 = 162 EDU's