All persons discharging or depositing wastes to the POTW shall
pay a sewer service charge proportional to the volume of waste discharged,
which charge shall be collected as a sewer rent. Annually the Town
Board shall establish the sewer rate used in the calculation of sewer
service charges for normal sewage. For the purposes of this chapter,
"normal" sewage when sampled and analyzed in accordance with established
protocols at the user's discharge point to the POTW shall have
a biochemical oxygen demand of 140mg/l to 300 mg/l and a total suspended
solids concentration of 180 mg/l to 350 mg/l.
All persons discharging or depositing concentrations in excess
of the pollutant concentrations of normal sewage shall pay a surcharge.
At a minimum, the surcharge shall account for BOD and TSS concentrations
greater than that of normal sewage. However, the Town shall, at its
discretion, assess a surcharge based on the concentration of any organic
or inorganic pollutant that results in a disproportional unit cost
of treatment when compared to normal sewage. The assessment of any
additional surcharges to address other pollutants shall follow a similar
methodology to that outlined below.
The total sewer service charge (which shall be called the "user
charge") is comprised of two parts, as follows:
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UC(t) = UC(n) + UC(an)
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Where:
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UC(t) = Total user charge for POTW operation and maintenance
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UC(n) = user charge associated with normal sewage
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UC(an) = user charge associated with abnormal sewage
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UC(n) = OM x (OQ/100) x (QIA/QA)
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UC(an) = OM x [OB/100 x (BIA-Bn)/BA] + [OS/100 x (SIA-Sn)/SA]
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Where:
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OM = Total annual POTW operation and maintenance costs
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OQ = Percentage of OM attributable to flow (Q)
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OB = Percentage of OM attributable to BOD
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OS = Percentage of OM attributable to TSS
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QIA = Average daily flow rate (MGD) from discharger
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BIA = Average daily BOD loading (lb/d) from discharger
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SIA = Average daily TSS loading (lb/d) from discharger
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QA = Average daily flow rate (MGD) at the POTW treatment plant
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BA = Average daily BOD loading (lb/d) at the POTW treatment
plant
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SA = Average daily TSS loading (lb/d) at the POTW treatment
plant
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Bn = BOD loading (lb/d) in discharge if it were normal sewage
TSS
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Sn = Loading (lb/d) in discharge if it were normal sewage
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Prior to the discharge of any abnormal sewage, the industrial
user and the Commissioner shall agree to the specific monitoring location(s),
type(s) and frequency(ies) of samples and flow measurements, and methodology
used to calculate the pollutant loading in the industrial user's
discharge.
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 charge for treatment and disposal of trucked or hauled waste
which has been introduced into the POTW shall be as established by
the Town Board. The manner of determining the volume dumped shall
be at the discretion of the Commissioner.
The Town Board 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 to the POTW.
The Town 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.
B. Cause increased hydraulic and/or treatment demands on the POTW.
Revenues derived from user charges, associated penalties, and
impact fees shall be credited to a special fund. Monies 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 Town 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 Town POTW;
D. For the extension, enlargement, replacement of, and/or additions
to the Town POTW, including any necessary appurtenances.