[HISTORY: Adopted Malone Village Board 3-28-1983 by Local Law No. 1, 1983. Amendments noted where applicable.]
Sewer use — See Ch. 45.
Editor's Note: This local law also repealed former Ch. 46, Sewer Rents, adopted 11-26-1979 by L.L. No. 7, 1979, as amended 5-12-1980 by L.L. No. 1, 1980.
The sewer system for which such rents are hereinafter established and imposed is more particularly described in drawings on file in the office of the Village Clerk entitled "Village of Malone, New York, Sanitary Sewer Details, dated March 1, 1931, and prepared by M. M. Plumb, Engineer," plus any additions thereto or extensions thereof either within or without the corporate limits of the village as may from time to time be authorized by the Board of Trustees of the village.
The sewer rental charge will be based upon the consumption of water on the premises connected with and served by the sewer system or upon the type of premises being serviced by the sewer system on a unit rate basis. Charges will be made for each family unit or each business establishment within each building. Billings for multiple-family dwellings will be on the basis of each family unit. One or more persons using or operating a cook stove upon which their food is prepared shall be considered a "family unit." A business establishment is any individual, firm, corporation or association regularly established and doing business under the laws of the State of New York.
The rental rates shall be equal to the unit rate multiplied by the following unit multipliers established for that portion of the sewer system within the corporate limits of the village and for that portion of the said system situate outside the corporate limits of the village, as follows:
The following rates are established for that portion of the sewer system within the corporate limits and for that portion of said system outside said corporate limits for premises upon which a water meter is installed: a sum equal to 35% of the water metered charge or the flat rate indicated in Subsection A above if the flat rate is higher than the metered rate.
Unless otherwise specifically stated in Subsection A above, the minimum sewer rental unit multiplier shall be one unit within the corporate limits and one and six-tenths 1.6 units outside said corporate limits.
Any user of the sewer system of the Village of Malone who is eligible for a vacancy credit under the terms and conditions of § 63-5 of Chapter 63 of the Code of the Village of Malone, New York, shall be also entitled to a vacancy credit with respect to sewer rents. No vacancy credit shall be allowed for any other reason.
The unit rate shall be determined by dividing the total annual sewer rents necessary for the operation and maintenance of the sewer system by the total number of units being served. The total number of units served is equal to the summation of the number of establishments under each type of usage multiplied by the unit multiplier for that type of usage. The annual unit rate is then divided by four to obtain the quarterly rate.
Sewer charges shall be billed quarterly for calendar quarters ending March 31, June 30, September 30 and December 31. No rebate will be allowed on sewer rental bills because of vacancy or unoccupancy except pursuant to the provisions of § 46-3D hereof.
Charges for sewer service will be made from the time the tap is made to the sewer main until the location is destroyed or ceases permanently to take service.
A penalty of a percentage to be fixed by resolution of the Board of Trustees of the Village of Malone on or before April 1 of each year will be added if such charges are not paid in full within 30 days after each billing date.
Sewer rents constitute a lien upon the real property served by the sewer system or each part or parts thereof for which sewer rents shall have been established and imposed. The lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof.
Collection of the sewer rents will be made pursuant to § 452 of the General Municipal Law of the State of New York.
Revenue derived from sewer rents, including penalties and interest, shall be credited to a special fund, to be known as the "Sewer Rent Fund." The moneys in such fund shall be used pursuant to § 453 of the General Municipal Law of the State of New York.
The terms "sewer rents," "sewer system," "part," "sewage," "industrial waste" and "other wastes" shall have the meanings as defined in § 451 of the General Municipal Law of the State of New York.
The user charges shall be reviewed and fixed on or before April 1 of each year by resolution of the Board of Trustees of the Village of Malone to reflect actual costs of operation and maintenance of the sewerage system and treatment works.
Any user that discharges any toxic pollutants, within the definition of Chapter 45, Sewer Use, of the Code of the Village of Malone, New York, which cause an increase in the cost of managing the effluent or the sludge from the treatment works shall pay for such increased cost.
The cost of treating extraneous flows, within the definition of Chapter 45, Sewer Use, of the Code of the Village of Malone, New York, shall be distributed among all user classes in the same manner that costs of operation and maintenance are distributed among user classes in accordance with Article 35.929-2(d)(1) found on page 17710 of the Federal Register, Volume 43, No. 80, Tuesday, April 25, 1978.
This local law shall take precedence over any inconsistent agreements.
There shall be no discounts for large-volume users in this user charge system.
If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This local law shall take effect April 1, 1983.