[Adopted 5-15-1984 by L.L. No. 2-1984 (Ch.
47 of the 1971 Code)]
This Part 2 shall be known and may be cited
as the "Sewer Rent Law of the Town of Fallsburg, New York."
Pursuant to Article 14-F, entitled "Sewer Rent
Law," of the General Municipal Law, there is hereby established and
imposed sewer rents as a means of producing revenue for the various
sewer districts of the Town of Fallsburg.
As used in this Part 2, unless the context or
subject matter otherwise requires, the following terms shall mean
and include:
Any liquid, gaseous, solid or other waste substance or a
combination thereof resulting from any process of industry, manufacturing,
trade or business or from the development or recovery of any natural
resources.
Garbage, refuse, decayed wood, sawdust, shavings, bark, sand,
lime, cinders, ashes, offal, oil, tar, dye stuffs, acids, chemicals,
and all other discarded matter not sewage or industrial waste.
As used in relation to the term "sewer system":
all lateral sewers, or all branch sewers, or all interceptor sewers,
or all trunk sewers, and any sewage treatment and disposal works,
and private on-site wastewater disposal systems, each part with necessary
appurtenances including sewage pumping stations.
The water-carried human or animal wastes from residences,
buildings, industrial establishments, or other places, together with
such ground water infiltration and surface water as may be present.
The admixture with sewage as above defined of industrial waste or
other wastes as hereafter defined, also shall be considered "sewage"
within the meaning of this article.
A scale of annual charges established and imposed in a sewer
district of the Town pursuant to Article 14-F of the General Municipal
Law for the use of the sewer system or any part or parts thereof.
All sewer pipes and other appurtenances which are used or
useful in whole or in part with the collection, treatment or disposal
of sewage, industrial waste and other wastes and which are owned,
operated or maintained by each sewer district in the Town, including
sewage pumping stations and sewage treatment and disposal works and
private on-site wastewater disposal systems, if any.
The Superintendent or other authorized representative
of the Town shall have the right of access at any reasonable time
to any premises served by the sewer system for the purposes of inspection
in order to carry out the provisions of this Part 2 in an equitable
manner.
[Added 4-18-1990 by L.L. No. 1-1990]
A.
The Town shall review, at least biannually, the wastewater
contributions, total costs of operation and maintenance and user charge
system and revise as needed to comply with CFR 35.939-1(b)(1)-(3).
B.
Each user which discharges toxic pollutants to the
system which cause an increase in the cost of managing the effluent
or sludge from the treatment works shall pay for those increased costs.
C.
Each user shall be notified annually of the rate and
portion of the user charges attributable to wastewater treatment services.
D.
The cost of all extraneous flow treatment shall be
distributed among all users in accordance with CFR 35.939-2(d)(1)-(2).
[Added 1-22-1991 by L.L. No. 1-1991]
After reviewing the various methods of establishing an equitable assessment of the costs of operation and maintenance of the Fallsburg Consolidated Sewer District, including the various methods which were reviewed by the Town Board prior to adopting this Part 2, and the amendments thereto, it is the opinion of the Town Board that the Schedule of Units heretofore established by Part 1 and set forth in § 230-44 is just and equitable, and the Town Board hereby reaffirms said Schedule of Units.
[Amended 1-22-1991 by L.L. No. 1-1991]
This article shall apply to the Fallsburg Consolidated
Sewer District in the Town of Fallsburg.
[Amended 12-17-1985 by L.L. No. 4-1985]
The following categories of use classification
are hereby fixed for the Town of Fallsburg:
A.
Sewer rents shall be based upon 80% of water consumption.
The Town Board shall fix a minimum gallon charge and bulk charge.
[Amended 3-27-1995 by L.L. No. 3-1995; 11-20-1995 by L.L. No.
5-1995; 11-4-1996 by L.L. No. 7-1996]
(1)
All charges, including the foregoing, shall be fixed
on or before the 20th day of November of each year.
(2)
The categories and rates are:[1]
(a)
Minimum rate, zero gallons to 24,000 gallons:
as set from time to time by resolution of the Town Board.
(b)
Gallon rate, 24,000 gallons to 1,600,000 gallons:
as set from time to time by resolution of the Town Board.
(c)
Bulk rate, 1,600,000 gallons and above: as set
from time to time by resolution of the Town Board.
[Amended 1-22-1991 by L.L. No. 1-1991; 3-27-1995 by L.L. No.
3-1995]
Sewer rents shall become due and payable quarterly
in the same manner and at the same time as the water bills and may
be included in the same bills, if practicable. Sewer rents remaining
unpaid 30 days after the billing date shall be subject to a penalty
of 5%.
Any premises upon which a new building is constructed
or being constructed and which is connected to the sewer system shall
be liable for the sewer rent charge 120 days from the date of issuance
of the building permit or the date of occupancy, whichever occurs
first.
A.
All unpaid delinquent sewer rent charges and penalties
shall constitute a first lien on the real property served by the sewer
system, and on the first day of November of each year, the Supervisor
shall present to the Town Board a statement setting forth the amount
of each lien for sewer rents in arrears, the real property affected
thereby and the name of the person in whose name the real property
is assessed.
B.
The Town Board shall levy the amounts contained in
such statement against the real property liable at the same time and
in the same manner as Town taxes and such amounts shall be set forth
in a separate column in the annual tax rolls. The amounts so levied
shall be levied and enforced in the same manner and at the same time
as may be provided by law for the collection and enforcement of Town
taxes.
[Added 3-27-1995 by L.L. No. 3-1995]
All users who discharge water to the sewage
system from a private water source are required to meter said water
source water with a meter which meets Town specifications. The meter
shall be accessible to Town staff. The meter must be installed within
six months of the adoption of this section. Until such time as a meter
is installed, the Town shall estimate the private water source of
water discharged into the sewer system.
The Town reserves the right to change the basis
for determining sewer use charges and to establish any other charges
or penalties that it deems appropriate.
Revenues derived from sewer rents shall be credited
to a special fund to be known as the "Sewer Fund" for each district.
Moneys in such fund 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.
