This local law is adopted under the authority
granted by the Municipal Home Rule and General Municipal Laws of the
State of New York.
This local Law shall be known as, referred to or cited as the "User Charge and Sewer Use Law and Pretreatment Regulations for the JRSB and Its Participating Member Municipalities (as defined in Article IV of this law under paragraph entitled 'district'), Including the Town of Haverstraw," and hereinafter referred to as the "law."
A.
This law sets forth uniform requirements for direct
and indirect contributors into the wastewater collection and treatment
system for the Joint Regional Sewerage Board (hereinafter referred
to as the "JRSB") publicly owned treatment works (hereinafter referred
to as the "POTW") and enables the intermunicipal agency to comply
with all applicable state and federal laws required by the Clean Water
Act, the general pretreatment regulations (40 CFR 403) and the rules
and regulations of the JRSB as same now exist or as will be amended
from time to time. The objectives of this local law are:
(1)
The necessity of adopting a user charge system that
would be proportionate to all classes of users and produce the revenue
required to sustain the sewage collection and waste treatment system.
(2)
To prevent the introduction of pollutants into the
intermunicipal wastewater system which will interfere with the operations
of the system or contaminate the resulting sludge.
(3)
To prevent the introduction of inadequately treated
pollutants into the intermunicipal wastewater system, the receiving
waters or the atmosphere.
(4)
To improve the opportunity to recycle and reclaim
wastewater and sludge from the system.
(5)
To provide for equitable distribution of the cost
of the intermunicipal agency wastewater system.
B.
This law provides for the regulation of direct and
indirect contributors to the intermunicipal agency wastewater system
(through the issuance of permits to certain nondomestic users and
through enforcement of general requirements for other users); for
monitoring (assuming that an existing customer's capacity will not
be preempted); for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
C.
This law shall apply to the members of Sewer District
No. 1 (the unincorporated portion of the Town of Haverstraw, the Village
of Haverstraw and the Village of Pomona); the Village of West Haverstraw;
portions of the Town of Stony Point; the Town of Ramapo; and the County
of Rockland which have contracted for limited service. Except as otherwise
provided herein, the Executive Director and counsel of the JRSB shall
administer, implement and enforce the provisions of this local law.
D.
Information and data submitted into the JRSB by direct
and indirect contributors into the wastewater collection and treatment
system and by JRSB shall be made available to the public without restriction
unless claimed as confidential by the submitter and eligible as confidential
information based on the requirements of 40 CFR Part 2.
The purpose of the law is to promote the public
health, safety, prosperity, aesthetics and general welfare of the
citizens included within the boundaries of JRSB POTW, and it is designed
to provide the legislative enactments required under Public Law 92-500,
as amended, and applicable federal regulations for the acceptance
of construction grants to improve the quality of effluent discharges
from the POTW. It is further intended to provide for administration
and enforcement of the law and to provide penalties for its violations.
It is not intended by the law to repeal, abrogate,
annul, impair or interfere with any existing easements, covenants,
deed restrictions, agreements, rules, regulations, ordinances or permits
previously adopted or issued pursuant to law. However, wherever this
law imposes greater restrictions, the provisions of this law shall
govern.
In their interpretation and application, the
provisions of this law shall be held to be minimum requirements and
shall be liberally construed in favor of the JRSB and shall not be
deemed a limitation or repeal of any other power granted by the statutes
of the State of New York or the federal government.
