[Adopted 6-17-1974 by L.L. No. 1-1974]
The purpose of this Part 1 is to establish a schedule of sewer
rents and the times and procedure for collection thereof for the Village
of Green Island, County of Albany, State of New York.
The sewer rent charges shall be collected from the owners of
each and every lot, parcel of real estate or building that is connected
with the sewer system of the County of Albany.
A.Â
Except as herein otherwise provided, the sewer rental charge shall
be based on the quantity of water used on or in the property or premises
as shown by the records of the Water Department and shall be billed
quarterly.
B.Â
The rate of such sewer rental charge shall be established from time
to time by resolution of the Village Board.
A.Â
Measurement of sewage flow if water flow not measured. In the event
that a lot, parcel of real estate or building discharging into the
sanitary sewer system, either directly or indirectly, is not a user
of water supplied by the Village Water Department, and the water used
thereon or therein is not measured by a water meter or is measured
by a water meter not acceptable to the Village Engineer, then the
amount of water used may be otherwise measured or determined by the
Village Engineer at the owner's expense in order to ascertain
the rate or charge authorized by this Part 1, or the owner or other
interested party, at his expense, may install and maintain a water
meter acceptable to the Village Engineer or provide any adequate and
approved method of measurement acceptable to the Village Engineer
for said purpose.
B.Â
Measurement of industrial waste flow if portion of water flow does
not enter sewerage system. In the event that a lot, parcel of real
estate or building discharges industrial wastewater into the sanitary
sewer system and it can be shown to the satisfaction of the Engineer
that a portion of the water, as measured by the water meter or meters,
does not and cannot enter the sanitary sewerage system and such portion
exceeds an average of 100 gallons per day over 365 days in each calendar
year, then the Engineer may determine, in such manner and by such
methods as he may deem practicable, the percentage of metered water
entering the sanitary sewer system. Such percentage, when so determined,
shall then constitute the basis of sewage charges; provided, however,
that when the installation of additional meters is done at the expense
of the owner or other interested party in such a manner as to determine
the quantity of water actually entering the sanitary sewer system,
in that case, the quantity of water used to determine the sewage charge
shall be the quantity of water actually entering the sanitary sewerage
system as so determined.
A.Â
In order that the rates and charges may be just, fair and equitable
to the services rendered, a surcharge shall be made based upon the
strength and character of the sewage and wastes which are required
to be treated. The Village shall have the right to measure and determine
the strength and content of all sewage and wastes discharged, either
directly or indirectly, into the sanitary sewerage system in such
manner and by such method as it may deem practicable in light of the
conditions and attending circumstances of each case in order to determine
the proper charge. Each affected user shall provide at his own expense
satisfactory facilities for the Village to measure and sample the
strength and content of the sewage and wastes being discharged to
the sewer system. The Village shall report the results of each determination,
in writing, to the Village and to the person, firm or corporation
involved.
B.Â
Any determination as to the type of sewage being discharged into
the system shall control for a period of 12 months and shall continue
thereafter for successive periods of 12 months unless the Village
reviews and changes said determination or the sewer user requests,
in writing, a review of the determination.
C.Â
A surcharge shall be added to the base rate sewer rental charge for
any waste which exceeds the maximum strength and concentration standards
for which such base rate is established. The charge shall depend on
the strength and character of the industrial waste finally admitted
to the public sewer. The surcharge amount shall be established by
the Village by separate agreement with the property owner.
[Amended 12-19-1988 by L.L. No. 1-1988]
The collection of sewer rents shall be governed by the rules
and regulations adopted by the Board of Trustees.[1]
A.Â
If any owner of real property on which a sewer rent has been imposed
deems himself aggrieved because such real property is not served by
the sewer system or an error has been made in computing such sewer
rent, he may file an application for a refund of all or part of such
sewer rent.
B.Â
Such application shall be verified by him and shall set forth the
amount of the refund sought and the grounds therefor. Such application
shall be presented to the Village Clerk, and he shall forward such
application to the Village Board with his recommendations in relation
thereto. The Village Board may refund all or part of such sewer rent.
The revenues derived from the rents as collected, including
penalties and interest, shall be credited to the revenues of the sewer
rent fund, which is hereby established, to be used for sewer facilities
and the operation and maintenance of such facilities.
