[Adopted 7-12-1988 by L.L. No. 2-1988 (Ch.
94 of the 1971 Code)]
Unless the context specifically indicates otherwise,
the meanings of the terms in this article shall be as follows:
The entire system of sewers, treatment facilities and their
appurtenances for collecting and treating sewage, industrial wastes
and other wastes.
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.
The activities required to assure the dependable and economical
function of the Village disposal system. The term "operation and maintenance"
includes replacement.
Garbage, refuse, decayed wood, sawdust, shavings, bark, sand,
lime, cinders, ashes, offal, tar, dyestuff, acids, chemicals and all
other discarded matter not sewage or industrial waste.
The expenditures for obtaining and installing equipment,
accessories or appurtenances which are necessary during the useful
life of the disposal system to maintain the capacity and performance
for which such system was designed and constructed.
The water-carried human or animal waste from residences,
buildings, industrial establishments or other places, together with
such groundwater infiltration and surface water as may be present.
The Sewer Department of the Village of Highland Falls.
The rent, rate or charge comprising the scale of annual charges
imposed or levied by the Village for the use of the Village disposal
system.
Any person who is discharging or is required to discharge
wastewater into the Village disposal system.
Any arrangement of devices, structures and facilities used
to treat sewage, industrial wastes and/or other wastes.
Any combination of sewage, industrial wastes and/or other
wastes.
A.Â
Sewer rents established and imposed. The Village does
hereby establish and impose a scale of sewer use charges for the use
of the Village disposal system.
B.Â
Basis for charges. The basis for sewer use charges
shall be as follows:
(1)Â
If a water rent is levied or charged against a sewer
user, the sewer use charge shall be based on the consumption of water
by the sewer user.
(2)Â
If a water rent is levied or charged against a sewer
user, and that user discharges substantially more or less wastewater
than the amount of water supplied by the Village, then the Sewer Department
shall fix and determine the sewer use charge applicable in relation
to the amount and type of wastewater discharged.
(3)Â
If a sewer user is connected to the Village disposal
system but not connected to the Village water system, then the sewer
user shall install a water meter on the user's water supply source
to monitor the sewer user's water consumption. The installation and
type of meter shall be approved by the Sewer Department.
(4)Â
At his option, a sewer user may, at his own expense
and subject to the approval of the Sewer Department, install, operate
and maintain sewage meters, gauges or other suitable devices for measuring
the amount of wastewater contributed to the disposal system. In such
cases, the quantity of wastewater shall be determined by such metering
device.
C.Â
Schedule of rates.
(1)Â
The schedule of rates for sewer rents shall be determined
by dividing the annual sewer operating and maintenance budget by water
usage per annum within the Village to derive a sewer rent rate per
1,000 gallons of water usage. A minimum rate in accordance with the
minimum rate for water usage and a rate for usage per 1,000 gallons
above such minimum shall be established. The minimum rate shall be
deemed a nonrefundable payment in advance of usage.
(2)Â
The Sewer Department shall determine annually or when
directed by the Board of Trustees the anticipated water usage within
the Village for the purpose of establishing the schedule of rates.
(3)Â
The annual operation and maintenance budget shall
be generated and managed in accordance with the laws, rules and regulations
of the State of New York so as to accurately account for revenue and
expenditures for operation and maintenance of the disposal system.
D.Â
Additional sewer use charges. It shall be the duty
of the Sewer Department to make a survey annually or when directed
by the Board of Trustees to determine whether there is being discharged
into the disposal system sewage, industrial waste or other waste from
any source which contains unduly high concentrations of solids or
any other substance adding to the operating costs of the disposal
system. Upon the completion of such survey, the Sewer Department shall
file with the Board of Trustees a report of its findings indicating
whether additional sewer rent charges should be levied for such sewage,
industrial wastes or other wastes and, if so, shall set forth recommended
charges. The Sewer Department is authorized to fix and determine an
additional sewer use charge to defray the additional costs of treating
such wastewater. No action or proceeding with respect to such additional
sewer use charges may be commenced unless an appeal to the Board of
Trustees has been made and decided.
E.Â
Review of sewer use charges. The Sewer Department
shall review the sewer use charges not less often than once every
two years. The review shall consist of an analysis of the total cost
of operation and maintenance of the disposal system and the wastewater
contribution of the users and user classes. Based on that review,
the Sewer Department shall revise, if necessary, the sewer use charges
to accomplish the following:
(1)Â
Generate sufficient revenue to pay the total operation
and maintenance costs necessary to effect the proper operation and
maintenance of the disposal system.
(2)Â
Maintain the proportionate distribution of operation
and maintenance costs among users and user classes as attributable
to actual use.
(3)Â
Determine the application of any excess revenue collected
to either the reductions of the next year's charges or the establishment
of a capital reserve fund to be used for contingencies, replacement
or necessary improvements.
F.Â
Extraneous flows. The cost of all flows not directly
attributed to users shall be distributed among all users of the disposal
system in the same manner that the costs of operation and maintenance
are distributed among all users of the disposal system for their actual
use. Any increased costs associated with the management of effluents
and/or sludge or any damage to the treatment plant caused by the discharge
of toxic pollutants shall be paid for by those users discharging the
toxic pollutants.
A.Â
New hookups. New hookups to the Village disposal system
which do not require extension of a sewer main must pay a one-time
tapping fee to be established by resolution by the Board of Trustees.
Once such hookup is accomplished, the new user shall be deemed a sewer
user subject to the rules and regulations set forth herein.[1]
[1]
Editor's Note: Former Subsection B, Service
where no main exists, was repealed 4-7-1999 by L.L. No. 3-1999.
A.Â
Administrative payment date. All sewer charges shall
be due and payable semiannually on the first day of June and December.
The Village Clerk, upon the approval of the Sewer Department, shall
establish the procedures for issuance of all sewer use bills.
B.Â
Penalties for late payment. Sewer use charges may
be paid at any time within 30 days from the date they become due without
penalty. In the event that the sewer use charges are not paid within
30 days, a penalty of 10% plus 1/2 of 1% per month shall be added
for the remainder of the time the balance is not paid. Such penalties
shall constitute additional sewer rents.
C.Â
Collection of unpaid sewer rents. The Village Clerk
shall annually certify the amounts of all unpaid sewer use charges,
including penalties, computed to the first day of the month following
the month in which the fiscal year commences. The Clerk shall present
such certificate to the Board of Trustees and enter the certificate
in the minutes of the meeting. The Board of Trustees shall levy such
amounts against the real property liable therefor as a part of the
annual Village tax levy, setting forth such amounts in separate columns
in the annual tax roll. The amounts so levied shall be collected and
enforced in the same manner and at the same time as provided by law
for the collection of Village taxes.
D.Â
Sewer rents to be a lien. Sewer rents shall be a lien
and shall be prior and superior to every other lien or claim except
the lien of any existing tax, assessment or other lawful charge imposed
by or for the state, a political subdivision or district.
E.Â
Notice. Each user shall be notified at least annually,
in conjunction with a regular bill, of the rate and of that portion
of the user charges which is attributable to wastewater treatment
services.
F.Â
Acceptance of rules and regulations. Each sewer user
shall be deemed to have accepted and approved the rules and regulations
which regulate the use of and charges for the Village disposal system,
and the continued use of such system after any amendment of law or
change of regulation applying thereto shall be deemed an acceptance
of such amendment or change.
G.Â
Inspection of meters. Each sewer user shall permit
the Sewer Superintendent or his agents to enter upon the premises
at reasonable hours and for reasonable purposes to examine the water
and/or sewer meters, and refusal of access to said premises shall
be sufficient cause for the discontinuance of sewage service.
H.Â
Inconsistent agreements. This article shall take precedence
over any terms or conditions of agreements or contracts between the
Village and sewer users, which terms or conditions are inconsistent
with this law or with relevant federal regulations pertaining at the
effective date of this article.
I.Â
Costs of enforcement. Whenever the Board of Trustees
brings an action to compel payment of any sewer rents or penalty and
the Village recovers any amount of such required payment, then the
Village shall be entitled to judgment in such amount plus the cost
to the Village, including reasonable attorney's fees, of bringing
and maintaining the action.
[Added 4-7-1999 by L.L. No. 3-1999]
J.Â
Separability. In the event that any sentence, provision,
subsection or section of this chapter is held invalid by a court of
competent jurisdiction, such invalidity shall not affect any other
sentence, provision, subsection or section of this chapter.
[Added 4-7-1999 by L.L. No. 3-1999]
