[Added 8-3-1994 by L.L. No. 6-1994]
Pursuant to Article 14-F of the General Municipal
Law of the State of New York, the Town of Ellicott (hereinafter referred
to as "town") hereby establishes for the entire sewer system within
the bounds of Sewer District 8 of the town (hereinafter referred to
as "sewer system of the town") sewer rents for the use of the sewer
system of the town.
Each parcel of property connected or required to be connected to the sewer system of the town shall pay $4 per month plus $3.60 per 100 cubic feet of water consumed upon such parcel as defined in § 118-90 of this Article.
Water consumed upon a parcel shall be determined
by a meter or meters upon public and private water service to a parcel.
A.
Water used in the manner so that it will not enter
the sanitary sewer in conformity with the applicable local laws of
the town relating to the use of the public sewer shall not be included
in determining water consumed upon a parcel, provided that it is separately
metered.
B.
If water use is not metered at the time of the enactment
of this Article, a water meter shall be installed and maintained by
the owner of a parcel.
C.
At the request of the property owner, the actual wastewater
flow from the property may be measured and substituted for metered
water use, for the purpose of determining water consumed upon a parcel,
by a wastewater flow meter installed at the point of discharge into
the town's sewer line which is suitable for the measurement of sewage
flows and which is approved by the town; said sewage flow meter shall
be installed and maintained by the owner of the property.
D.
Any user of the sewerage system of the town that discharges
toxic wastes which cause increased treatment and handling costs will
be required to pay such costs pursuant to Volume 40 of the Code of
Federal Regulations (hereinafter referred to as "CFR") 35.929-2(c).
E.
The town shall review no less often than every two
years the wastewater contributions and total cost of operation and
maintenance and revise this Article as needed to meet the requirements
of 40 CFR 35.929-2(b)(1) through (3). The owner of each parcel shall
be notified at least annually in conjunction with a regular bill of
the rate and portion of sewer rents for wastewater treatment and debt
requirement as per 40 CFR 35.929-2(f).
F.
If actual meter readings are not obtained, water consumed
upon a parcel may be reasonably estimated by the town based upon available
information and may be adjusted when accurate meter readings are obtained.
The town shall monthly fix the amount to be charged to each parcel served by public sewer owned by the town by multiplying the consumption during the preceding period determined pursuant to § 118-90 of this Article by the rate established by § 118-89 of this Article and shall mail a bill for such charge to the assessed owner of each parcel, which bill shall be due within 15 days of the date when it is mailed. All sewer rentals not paid within 15 days of such date of mailing shall have a penalty in the amount of 1 1/2% per month on the unpaid principal balance added to the bill. The town may authorize the Jamestown Board of Public Utilities or another entity to act as its agent for rendering and collecting such bills.
All revenues derived from the sewer rents hereby imposed shall be credited to a sewer fund established by the town. Moneys in such funds shall be used only in the manner and for the purposes specified and in the order required by the Sewer Rent Law of the State of New York. The credit to the fund may be made by accounting entry from time to time. The requirements of this section shall not prohibit the immediate payment upon collection of obligations described in § 453 of the General Municipal Law; specifically, the payment to the Jamestown Board of Public Utilities directly upon collection pursuant to § 118-91 hereof in consideration of its operation and maintenance of the sewer system of the town is hereby authorized.
