[Adopted 6-25-1985 by L.L. No. 1-1985]
In order to establish, operate and maintain the Sewer Department
and the wastewater treatment facility of the Village of Medina as
a separate utility and to ensure its proper operation, repair and
maintenance, it shall be the policy of the Village of Medina to establish
and impose a scale of annual charges for the use of the wastewater
treatment facility or any part or parts thereof.
As used in this Part 1, the following terms shall mean and include:
Any wastewater discharged to the wastewater treatment facility.
Any wastewater discharged to the sewer system that, when analyzed,
has pollutant concentrations not exceeding the following contents:
|
Classification
|
Amount
| |
|---|---|---|
|
Biochemical oxygen demand
|
300 milligrams per liter by weight
| |
|
Suspended solids
|
350 milligrams per liter by weight
| |
|
Chemical oxygen demand
|
400 milligrams per liter by weight
| |
|
Chlorine demand
|
25 milligrams per liter by weight
| |
|
Phosphates as phosphorous
|
20 milligrams per liter by weight
| |
|
Fat, oil or grease
|
100 milligrams per liter by weight
| |
|
Total nitrogen (N)
|
40 milligrams per liter by weight
| |
|
pH
|
Not less than 5.5 and not more than 9.5
|
B. The values for these characteristics are subject to revision
by the Superintendent if, in his opinion, data obtained during the
previous year indicates the need for such revision. The Superintendent
may also add values for other characteristics or delete characteristics
if such action becomes appropriate and applicable to the treatment
or transportation of sewage.
Includes but is not necessarily limited to the following
annual costs:
Salary and wages of personnel operating, maintaining and administering
the wastewater treatment facilities.
Benefits for personnel indicated under Subsection A above.
Costs of power and utilities necessary to operate and maintain
the wastewater treatment plant.
Costs of maintenance and repair of the wastewater treatment
facility.
Costs of chemicals used for treatment of sewage.
Costs of materials and supplies.
Costs of equipment replacement.
Cost of necessary insurance.
Costs associated with sludge disposal.
Any other incidental costs not included above.
Other municipalities or sewer districts receiving wastewater
treatment services from the Village of Medina.
The rent, rate or charge imposed or levied by the Village
of Medina for the use of the wastewater treatment facility or any
part or parts thereof.
Any device and system for the collection, storage and treatment
of municipal sewage, domestic sewage, other wastes or liquid industrial
wastes which is owned and operated by the Village of Medina. These
include interceptor sewers, sewage collection systems, branch sewers,
pumping, power and other equipment and their appurtenances that will
be an integral part of the treatment process or are used for the ultimate
disposal of residues from such treatment and any extensions, additions
and improvements which may be made to such system.
The Village of Medina does hereby establish and impose a scale
of user charges for the service rendered by the wastewater treatment
facilities to the users connected with and served by the wastewater
treatment facilities.
The scale of user charge shall include two parts, as follows:
A.
Operation and maintenance of wastewater treatment facilities.
(1)
The annual costs for the operation and maintenance of wastewater
treatment facilities shall be made up of the following items: annual
O & M costs for the wastewater treatment facility: A. (NOTE: "A"
shall include costs of equipment replacement as deemed necessary for
the proper operation of the plant.)
(2)
When biochemical oxygen demand (BOD), suspended solids or other pollutant concentrations from a user exceed the range of concentrations of these pollutants in normal domestic sewage, a surcharge added to the base charge, as determined by Subsection A(1), shall be levied. The surcharge shall be computed by the following method:
|
C = [Bc(B) + Sc(p)]Vu
| ||||
|---|---|---|---|---|
|
Where:
| ||||
|
C
|
=
|
Surcharge for wastewaters of excessive strength.
| ||
|
Bc
|
=
|
O & M costs for treatment of a unit of BOD.
| ||
|
B
|
=
|
Concentration of BOD from a user above a base level.
| ||
|
Sc
|
=
|
O & M cost for treatment for a unit of suspended solids.
| ||
|
S
|
=
|
Concentration of suspended solids from a user above a base level.
| ||
|
Pc
|
=
|
O & M cost for treatment of a unit of any pollutant.
| ||
|
P
|
=
|
Concentration of any pollutant from a user above a base level.
| ||
|
Vu
|
=
|
Volume contribution from a user per unit of time.
| ||
(3)
The cost of sampling and testing to determine actual pollutant concentrations
shall be charged directly to the user discharging the pollutants to
the system. Trustees shall fix and determine the user charge applicable
to such user.
(4)
At the option of the user being served by the wastewater treatment
facilities, such owner may, at his own expense and subject at all
times to the approval of the Superintendent of Public Works of the
Village of Medina, or other designated official, install, operate
and maintain sewer meters, gauges or other suitable devices for measuring
the amount of sewage contributed to the sewage system. In such cases,
the quantity of sewage shall be determined by such metering device,
and it shall be a factor in determining the user charge as regards
such user.
(5)
It shall be the duty of the Superintendent of Public Works of the
Village of Medina 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,
contain unduly high concentrations of solids or any other substance
adding to the operating costs of the wastewater treatment facilities.
Upon the completion of such survey, he shall file with the Board of
Trustees a report of his findings indicating whether additional user
charges should be levied for such sewage or other wastes, and, if
so, he shall set forth recommended charges for the same as provided
for by the preceding subsections of this section.
B.
Amortization of local share to finance capital improvements.
(1)
To pay for the long-term borrowing and to finance the local share
for capital improvements of the wastewater treatment facilities, a
rate shall be charged to each customer served by said facilities.
(a)
The rate will be computed as follows:
|
Amount borrowed to finance local share: L
| |
|---|---|
|
Number of years to pay loan: N
| |
|
Annual percentage rate on money borrowed: P
| |
|
Annual cost to pay principal:
 | |
|
First-year interest costs:
 | |
|
Total first-year costs: Z = X + Y
|
(b)
The total annual cost shall be computed as follows:
|
Annual O & M cost of wastewater treatment facilities: A
| |
|---|---|
|
Annual cost to finance capital improvements: Z
| |
|
(A + Z)/total yearly water consumption (in 1,000 gallons)
| |
|
User charge = dollar amount per 1,000 gallons of water consumed
|
(2)
The user charge shall be added to the water bill. There shall be,
at the option of the Village Board, a minimum charge to customers
who are served by the wastewater treatment facilities but, for whatever
reasons, are not consuming any or are consuming minor quantities of
water during certain billing periods.
(3)
The Village Board shall revise the rate established for covering
the operation and maintenance costs of the wastewater treatment facilities
every year and shall make changes to these rates as may be deemed
necessary. The rate charged for amortization of the debt to cover
the local share for the capital improvement shall continue until the
debt is exhausted.
(4)
Each user shall be notified annually, in conjunction with a regular
bill, of the rate charges.
The user charge will not be discounted for large-volume consumers of water. Users shall have the option allowed under § 194-4A(4).
All user charges shall be due and payable at the office of the
Village Clerk quarterly or monthly 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 user charge provided in this section, according to the rates 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 user charge in each such case.
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
that the user fails to receive a bill promptly, he shall demand the
same at the Village Clerk's office.
If bills are not paid when due, a notice of at least 10 days
may be sent out to the user demanding payment or advising that the
sewer service and/or water service are subject to discontinuance,
and, after the expiration of the period specified in such notice,
such sewer service and/or water service may be discontinued without
further notice. All user charges 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 manner and at the same time as other
Village taxes.
The above rates will take effect on April 1, 1986, and shall
apply to periods in which wastewater treatment service was rendered
commencing on or after February 1, 1986, except such periods for which
water rents shall have already been billed.
A.
Appeals from determinations of the Village Board or its designated
agent shall be made within 15 days after the aggrieved party receives
notice thereof and shall be heard by the Board within 45 days of the
date of the filing of the notice of appeal.
B.
Notice of the date of such hearing shall be mailed to the owner of
the premises at least five days prior to the hearing. The owner shall
have the right to appear and be heard at said hearing before the Board.
C.
The Board shall decide such appeals within 45 days of its hearing.
Its decision shall constitute a final determination.
Subscribers receiving waste treatment services from the Village
shall adopt user charge systems in accordance with Section 204(b)(1)(A)
of the Federal Water Pollution Control Act and applicable federal
regulations.
This user charge system shall take precedence over any terms
or conditions of agreements or contracts which are inconsistent with
the requirements of Section 204(b)(1)(A) of the Federal Water Pollution
Control Act and applicable federal regulations.
