All persons discharging or depositing wastes into the public sewers
shall pay a sewer service charge proportional to the liquid volume of waste
so deposited, which charge shall be collected as a sewer rent.
All persons discharging or depositing wastes with concentrations in
excess of the pollutant concentrations in normal sewage shall pay a surcharge.
The total sewer service charge, (which shall be called the "user charge"),
shall be calculated pursuant to the latest fee and/or rate schedule adopted
by the Village Board, including any and all normal sewage service charges
and any surcharges for abnormal sewage.
The service area of the POTW may be segmented to assist in a fair distribution
of user charges, especially if there is a pump station serving a segment.
The volume of flow to be used in computing sewer service charges and
abnormal sewage surcharges shall be based upon metered water consumption as
shown on the records of meter readings maintained by the Village Water Department.
In the event that a person discharging wastes into the POTW produces evidence,
to the Superintendent, demonstrating that a substantial portion of the total
amount of metered water does not reach the POTW, then the Superintendent shall
either establish a percentage of the total metered water to be used as a basis
for such computations, or direct the installation of appropriate flow measuring
(and totalizing) devices to measure and record the actual amount of flow into
the POTW. In the event that a person discharging wastes into the POTW procures
all or part of his water supply from unmetered sources, the Superintendent
shall either direct the installation of water meters on the other sources
of water supply, or direct the installation of appropriate flow measuring
devices to measure and record the actual amount of flow into the POTW. Any
water meters and/or flow measuring devices installed pursuant to this section
shall be of a type and design acceptable to the Superintendent and shall be
installed, maintained and periodically tested as required by the Superintendent,
at the owner's expense. All such meters and/or flow measuring devices
shall be subject to periodic inspection, testing and reading by the Superintendent.
Any person discharging wastes into the POTW may install a flow measuring device
at his option, of the type, design, installation and maintenance standards
required by the village, as directed by the Superintendent, at the owner's
expense.
The billing period shall be monthly for significant industrial users
and semiannually for normal industrial and nonindustrial users, except where
modified or dictated by special written agreement.
The additional charges and fees associated with the operation of the
pretreatment program may, at the discretion of the Village Board of Trustees,
be assessed the user. Such charges and fees may include:
A. Reimbursement of costs of setting up and operating the
pretreatment program;
C. Monitoring, inspections and surveillance procedures;
D. Costs of equipment and supplies;
E. Reviewing accidental discharge procedures;
F. Construction inspections;
H. Application for consistent removal status as outlined
in 40 CFR 403; and/or
I. Other reasonable expenses to carry out the program to
satisfy the requirements of this chapter, the NYSDEC and the federal government.
The charge for treatment and disposal of trucked or hauled waste which
has been introduced into the POTW shall be as established by the Village Board.
The manner of determining the volume dumped shall be at the discretion of
the Superintendent.
The charge for inflow into the POTW shall be calculated based upon either an estimated or measured quantity or volume of the inflow, using the same latest fee and/or rate schedule approved by the Village Board as is used in the determination of normal sewage service charges, with the exception that a surcharge may be added in accordance with §
152-78.
The permit fee for the construction of a private wastewater disposal
system within the boundaries of the Village of Lowville shall be as per the
latest fee and/or rate schedule approved by the Village Board.
The permit fees for the construction of sewer laterals shall be as per
the latest fee and/or rate schedule approved by the Village Board.
Inspection fees shall be included as part of the fees paid for construction
permits, except that for projects involving unusual or extenuating circumstances,
special fees may be established for each such project, at the discretion of
the Village Board.
The village may institute an equitable procedure for recovering the
costs of any capital improvements of those parts of the POTW which collect,
pump, treat and dispose of industrial wastewaters from those persons discharging
such wastewaters into the POTW.
Provisions of Article
XI of this chapter relating to the collection of penalties shall apply to the collection of sewer service charges and abnormal sewage service surcharges, unless where otherwise provided by application of a sewer rent law by the village.
The POTW shall be operated on the basis of a fiscal year commencing
on the first day of January and ending on the 31st day of December.
The Village Board shall have the authority to impose impact fees on
new development, which development may:
A. Cause enlargement of the service area of the POTW; and/or
B. Cause increased hydraulic and/or treatment demands on
the POTW.
Revenues derived from user charges and associated penalties, and impact
fees, shall be credited to a special fund. Moneys in this fund shall be used
exclusively for the following functions:
A. For the payment of the operation and maintenance, including
repair and replacement costs of the village POTW;
B. For the discovery and correction of inflow and infiltration;
C. For the payment of interest on and the amortization of
or payment of indebtedness which has been or shall be incurred for the construction
or extension of the village POTW; and
D. For the extension, enlargement, replacement of and/or
additions to the village POTW, including any necessary appurtenances.
A special sewer service charge may be assigned to any user, industrial
firm or organization. The Board of Trustees, after appropriate study, may
enter into separate agreement with said user, industrial firm or organization.
The applicable portions of the preceding sections as well as the equitable
rights of the public shall be the basis for such an arrangement.