[Amended 12-8-1987 by L.L. No. 2-1987]
[Amended 11-7-1996 by L.L. No. 15-1996]
A. The source of the revenues for retiring debt services, capital expenditures
and operation and maintenance of the POTW shall be a sewer service
charge assigned to owners of property located within or outside the
corporate limits of the City whose residence or place of business
is connected to the public sewer system.
B. Sewer service charge rates shall be determined by the City of Fulton Common Council on an annual (quarterly) basis. The sewer service charge will be computed quarterly and made a part of the City water bill. Charges will be calculated on a fair-user basis, with separate methods used for calculating user charges, based on operation and maintenance expenses, and capital recovery charges, based on local share debt recovery. Separate methods will be used to determine fair-user charges for domestic/ commercial/nonsignificant industrial users and significant industrial users, as defined in Subsections
C and
D below.
C. Revenues for defraying the operation and maintenance costs shall
be raised by assigning a user charge to all users of the City's POTW.
Separate user charges shall be levied for significant industrial users
and domestic/commercial/nonsignificant industrial users. Annual user
charges shall be levied over quarterly billing periods.
(1) User charges for significant industrial users shall be based on all
factors which significantly influence the operation and maintenance
costs of the treatment facilities. These factors shall include volume,
BOD, suspended solids and total phosphorus. The amount of the significant
industrial user charge required shall be calculated by the City utilizing
the User Charge Formula for Significant Industrial Users (as appended
to this chapter). If a significant industrial user discharges domestic wastes to the POTW independently of industrial wastes (i.e., through a separate building lateral), then the user charges for the domestic wastes shall be calculated as defined in Subsection
C(2) below or as otherwise consistent with the sewer service charges assessed domestic/commercial/nonsignificant industrial users, and the User Charge Formula for Significant Industrial Users shall apply only to the industrial wastes discharged independently of the domestic wastes.
(2) User charges for domestic/commercial/nonsignificant industrial users
shall be based on volume only since wastewater characteristics of
sanitary wastes are similar. The amount of domestic/commercial/nonsignificant
industrial user charge shall be calculated by the City utilizing the
User Charge Formula for Domestic/Commercial/Nonsignificant Industrial
Users (as appended to this chapter). Volume of wastewater produced shall be determined by metered water consumption, or, for significant industrial users which discharge domestic wastes independently of industrial wastes [as per Subsection
C(1)], upon a City-determined unit flow in gallons per workday per employee multiplied by the number of significant industrial user's employees. The base unit flow for domestic wastes discharged from significant industrial users shall be 15 gallons per day per employee, adjusted as deemed appropriate by the City based upon the actual facilities and sources of domestic waste being discharged from the significant industrial user to the POTW. These facilities and sources may include, but are not limited to, sanitary facilities, laundries, wastewater-generating cafeterias and shower facilities. Alternatively, the significant industrial user may, at its own expense and subject to review by the City, install flow metering equipment to measure actual volumes of separate domestic waste discharges to the POTW. Data acquired in this manner will be considered by the City in determining the wastewater volume for the separate domestic waste discharges from the significant industrial user.
D. Revenues for defraying the local share debt service costs shall be
raised by assigning a capital recovery charge to all users of the
City's POTW. Separate capital recovery charges shall be levied for
significant industrial users and domestic/ commercial/nonsignificant
industrial users. Annual capital recovery charges shall be levied
over quarterly billing periods.
(1) Annual capital recovery charges for significant industrial users
shall be based on the proportion of local share project costs attributable
to the allocated capacity of the industrial user. Allocated capacity
shall be based on the factors of volume, BOD, suspended solids and
total phosphorus. The amount of the annual significant industrial
capital recovery charge required shall be calculated by the City utilizing
the Capital Recovery Charge Formula for Significant Industrial Users
(as appended to this chapter). If a significant industrial user discharges domestic wastes to the POTW independently of industrial wastes (i.e., through a separate building lateral), then the capital recovery charges for the domestic wastes shall be calculated as defined in Subsection
D(2) below or as otherwise consistent with the sewer service charges assessed domestic/commercial/nonsignificant industrial users, and the Capital Recovery Charge Formula for Significant Industrial Users shall apply only to the industrial wastes discharged independently of the domestic wastes.
(2) Capital recovery charges for domestic/commercial/nonsignificant industrial
users shall be based on the proportion of local share project costs
attributable to the allocated capacity of the domestic/commercial/nonsignificant
industrial user. The amount of the annual domestic/commercial/nonsignificant
industrial capital recovery charge shall be calculated by the City
utilizing the Capital Recovery Charge Formula for Domestic/Commercial/Nonsignificant
Industrial Users (as appended to this chapter). Volume of wastewater produced shall be determined by metered water consumption, or, for significant industrial users which discharge domestic wastes independently of industrial wastes [as per Subsection
D(1)], upon a City-determined unit flow in gallons per workday per employee multiplied by the number of significant industrial user's employees. The base unit flow for domestic wastes discharged from significant industrial users shall be 15 gallons per day per employee, adjusted as deemed appropriate by the City based upon the actual facilities and sources of domestic water being discharged from the significant industrial user to the POTW. These facilities and sources may include, but are not limited to, sanitary facilities, laundries, wastewater-generating cafeterias and shower facilities. Alternatively, the significant industrial user may, at its own expense and subject to review by the City, install flow metering equipment to measure actual volumes of separate domestic waste discharges to the POTW. Data acquired in this manner will be considered by the City in determining the wastewater volume for the separate domestic waste discharges from the significant industrial user.
E. The Common Council reserves the right, from time to time, to change
sewer service charges originally or previously assigned to any property
owner.
F. Fee.
(1) The City shall defray the costs of its industrial pretreatment program
(IPP), as required by 40 CFR Part 403, by assessing a fee to industrial
users included in the City's IPP. The fee assessed shall be based
upon the actual costs incurred by the City in the implementation of
its IPP, which may include:
(a)
Reimbursement of costs for 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 Part 403; and
(i)
Other reasonable expenses to carry out the program to satisfy
the requirements of this chapter, the NYSDEC and the federal government.
(2) The fee assessed to the significant and nonsignificant industrial
users for industrial pretreatment program costs incurred by the City
shall be determined in accordance with the Industrial Pretreatment
Program Charge Formula (as appended to this chapter).
A. The City of Fulton may enter into special agreements with users to
accept wastes of unusual volume, strength or characteristic, provided
that such wastes would not result in the violation of applicable POTW
treatment standards or requirements. Special sewer charges may be
assigned to such discharges if accepted by the Common Council, after
appropriate study and engineering and legal consultation.
[Amended 10-5-1999 by L.L. No. 11-1999]
B. The sewer service charge assigned to any property owner who is not connected to the public water supply shall be established by the Common Council. Such sewer service charges shall be based on the estimated or measured volume of sewage contributed to the public sewers by such property owner and computed as stated in Subsection
D below.
C. The sewer service charge assigned to any property owner with both a public and private water supply, whose contribution of sewage to the public sewers exceeds the volume of public water consumed by that owner as evidenced by this water bill, shall be established by the Common Council. Such sewer service charge shall be based on the estimated or measured volume of sewage entering the public sewers and computed as stated in Subsection
D below.
D. A sewer service charge assigned to any property owner who is not connected to the public water supply or any property owner with both a public and private water supply may be based on the measured volume of sewage entering the public sewers upon prior written approval of the City if requested by the property owner. If the volume of discharge shall be used to determine the sewer service charge, the sewer service charge to the user shall be computed by multiplying the measured volume of sewage discharged into the sewer system by the applicable sewer service charge rate(s) set forth in §
514-53. In the event of a malfunction of the measuring device, the sewer service charge shall be computed on the basis of a reasonable estimate of the volume of sewage discharged into the sewer system during the quarter, taking into account the volume of sewage discharged in a comparable prior period.
E. All property owners who are outside the City limits and who, by their
own request, are served by sanitary sewers must pay sewer service
charges on a fair-user basis, equivalent to those paid by property
owners within City limits. All users, whether within or outside the
City limits, who connect to the City sewer system shall be required
to pay a connection fee, as determined by the City.
[Amended 11-7-1996 by L.L. No. 15-1996]
[Amended 10-30-1991 by L.L. No. 4-1991; 3-15-1994 by L.L. No.
6-1994; 11-7-1996 by L.L. No. 15-1996]
A. Users with wastewater discharges which do not categorize the user as a significant industrial user as per the definition contained in Chapter
514, Article
I, §
514-2, of this chapter are considered to be domestic/commercial/nonsignificant industrial users for purposes of sewer service charges. A minimum flat-rate sewer service charge of $21 per three months shall be levied for domestic/commercial/nonsignificant industrial users with less than 5,000 gallons per three months, as long as service remains connected to the City sewers.
[Amended 10-18-2016]
B. Users with wastewater discharges which categorize the user as a "significant industrial user" as per the definition contained in Chapter
514, Article
I, §
514-2, of this chapter are considered to be significant industrial users for purposes of sewer service charges.
C. Measurement of volume of significant industrial waters or wastes
contributed to the City POTW shall be accomplished on a continuous
basis. Volume data collected by or transmitted to the enforcement
officer by the significant industrial users shall be used to determine
average daily flow rate. Sampling of significant industrial waters
or wastes and subsequent analysis shall be accomplished a minimum
of once every month by the enforcement officer or his duly authorized
representative. Sampling data thus collected by the enforcement officer
and sampling data submitted to the City by significant industrial
users (in accordance with industrial wastewater permits) shall be
used, along with the average flow rate measurement corresponding to
the period of the sampling to compute the average daily BOD
5 loading, the average daily suspended solid loading and the average daily total phosphorus loading of a significant industrial discharge to the POTW for use in the user charge formula for significant industrial wastes for any given billing period. The enforcement officer shall provide copies of industrial sampling results to the SIU from which samples are collected upon receipt of this information. If a particular user requests that the enforcement officer conduct more frequent sampling, such sampling will be done and the cost thereof, as determined by the enforcement officer, shall be borne by said user. Split samples may be requested by an industrial user, as specified in §
514-41.