[Adopted 6-16-1969 by L.L. No. 1-1969]
In order to establish and operate the Sewer
Department and the Sewage Treatment Plant of the Village of Middleport
as a separate utility and to ensure its proper operation, repair and
maintenance, it shall be the policy of the Village of Middleport to
establish and impose a scale of annual charges for the use of the
sewer system or any part or parts thereof.
As used in this Part 2, the following terms
shall mean and include:
Includes all lateral sewers or all branch sewers or all interceptor
sewers or all trunk sewers and the sewage treatment and disposal works
and each part with necessary appurtenances.
Any garbage which has been passed through a proper garbage
disposal unit, offal or decomposable matter of any kind, water or
any liquid matter which can be chemically treated for discharge by
the Sewage Disposal Plant.
The rent, rate or charge imposed or levied by the Village
of Middleport for the use of the sewer system or any part or parts
thereof.
The sewer system owned by the Village of Middleport and shall
include all sewer pipes and other appurtenances which are used or
useful in part in connection with the collection, treatment or disposal
of sewage, industrial wastes and other wastes and which are owned,
operated or maintained by the Village of Middleport, including pumping
stations and sewage treatment and disposal works and all extensions,
additions and improvements which may be made to such system.
The Village of Middleport does hereby establish
and impose a scale of sewer rents for the service rendered by the
sewer system to the real property connected with and served by the
sewer system upon the following basis:
A.
Each parcel of real property or the owner or occupant
of such real property which is connected with and served by the sewer
system shall be charged, if a water rent is levied or charged, either
on a metered basis or otherwise, against such real property of the
owner or occupant thereof, the following rates based upon water consumption:
[Amended 5-4-1987 by L.L. No. 3-1987; 4-17-1989 by L.L. No.
1-1989; 4-16-1990 by L.L. No. 4-1990; 12-13-1993 by L.L. No.
1-1993; 4-15-1996 by L.L. No. 2-1996; 4-19-1999 by L.L. No.
2-1999; 2-17-2004 by L.L. No. 2-2004; 12-19-2005 by L.L. No.
3-2005; 11-16-2015 by L.L. No. 2-2015; 1-18-2023]
(1)
The minimum charge shall be $51.78 charged per three-month period
and shall cover the first 5,000 gallons of water used.
(2)
The next 70,000 gallons per three-month period shall be charged at
the rate of $5.99 per thousand gallons used.
(3)
All amounts over 75,000 gallons per three-month period shall be charged
at the rate of $4.27 per thousand gallons used.
B.
It shall be the duty of the Superintendent of Public
Works of the Village of Middleport, or other designated official,
to make a survey annually or at such times as may be required by the
Board of Trustees to determine whether there is being discharged into
the sewer system from any real property, sewage or other wastes which
in the opinion of such Superintendent, contains unduly high concentrations
of solids or any other substance adding to the operating costs of
the sewer system, or which are in excess of limits allowed by any
sewer use local law or regulations, and which add to the operating
cost of the sewer system. Upon the completion of such survey, he shall
file with the Board of Trustees a report of his findings indicating
what additional sewer rent charges should be levied for such sewage
or other wastes. Any user who discharges such substances or concentrations
shall be charged additional sewer rents equal to the additional cost
or expense to the Village resulting from such discharges. Nothing
herein shall prevent the imposition of fines, civil penalties, damages
or other charges resulting from violation of the Village sewer use
local law over and above, or in addition to, the rents provided for
herein.
[Amended 10-3-1983 by L.L. No. 3-1983]
C.
All sewer rents shall be due and payable at the office
of the Village Clerk quarterly at the same time as the water rent
for such period shall be due and payable, or on such other date or
dates as may be determined by the Board of Trustees. In addition to
the sewer service charge or rental provided in this section, according
to the rate specified herein, a further charge of 10% of the amount
so determined shall be added thereto in each case of failure to make
payment on or before the date on which the water rent for such period
is due, and the total thus obtained shall be the sewer rental in each
such case.
D.
Bills will be sent out to all users, but the Village
will not employ a collector and the failure of any user to receive
a bill promptly shall not excuse nonpayment of the same, and in the
event the user fails to receive a bill promptly, he shall demand the
same at the Village Clerk's office.
E.
If bills are not paid when due the sewer service and/or
water service are subject to discontinuance and after the expiration
of the period specified on the bill, such sewer service and/or water
service may be discontinued without further notice. All sewer rents
remaining due and unpaid at the time the annual Village tax levy is
made out shall be included therein pursuant to the General Municipal
Law and levied against the real property on which the same has been
used and shall be collected and enforced with and in the same time
as other Village taxes.
F.
The above rates will take effect on August 1, 1969,
and shall apply to periods in which sewer service was rendered commencing
on or after May 1, 1969.
G.
The Board of Trustees may hereafter amend the sewer rates from time
to time by resolution.
[Added 11-16-2015 by L.L.
No. 2-2015]
This Part 2 shall take effect on the 1st day
of August, 1969.
