[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:
- DISPOSAL SYSTEM
- The entire system of sewers, treatment facilities and their appurtenances for collecting and treating sewage, industrial wastes and other wastes.
- INDUSTRIAL 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.
- OPERATION AND MAINTENANCE
- The activities required to assure the dependable and economical function of the Village disposal system. The term "operation and maintenance" includes replacement.
- OTHER WASTES
- 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.
- SEWER DEPARTMENT
- The Sewer Department of the Village of Highland Falls.
- SEWER USE CHARGES or SEWER RENTS
- 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.
- SEWER USER
- Any person who is discharging or is required to discharge wastewater into the Village disposal system.
- TREATMENT PLANT or SEWAGE TREATMENT PLANT
- 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.
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.
Basis for charges. The basis for sewer use charges shall be as follows:
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.
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.
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.
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.
Schedule of rates.
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.
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.
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.
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.
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:
Generate sufficient revenue to pay the total operation and maintenance costs necessary to effect the proper operation and maintenance of the disposal system.
Maintain the proportionate distribution of operation and maintenance costs among users and user classes as attributable to actual use.
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.
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.
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.
Editor's Note: Former Subsection B, Service where no main exists, was repealed 4-7-1999 by L.L. No. 3-1999.
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.
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.
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.
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.
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.
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.
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.
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.
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]
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]