Town of Porter, NY Charges; Costs and Use

All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this chapter shall be determined to accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined as herein provided.

To determine the sewage flow from any establishment, the Administrator may use one of the following methods:

(1)

The amount of water supplied to the premises by the Town or a private water company as shown upon the water meter if the premises are metered;

(2)

If the premises are supplied with river water or water from private wells, the amount of water supplied from such sources as estimated by the Town;

(3)

If such premises are used for an industrial or commercial purpose which is of such a nature that the water supplied to the premises cannot be entirely discharged into the public sewer system, the estimate of the amount of wastewater discharged into the public sewer system made by the Town;

(4)

The number of gallons of wastewater discharged into the public sewer system, as determined by measurements and samples taken at a wastewater flow meter and sampling device installed by the owner of the property served by the public sewer system at his own expense, in accordance with the terms and conditions of the permit issued by the Town pursuant to this section; or

(5)

A figure determined by the Town by any combination of the foregoing methods, or by any other equitable method.

The volume of flow used in computing abnormal wastewater surcharges shall be based upon metered water consumption as shown in the records of meter readings maintained by the Town Water Department. In the event that any industry discharging waste into the public sewer system presents evidence to the Administrator demonstrating that a substantial portion of the total amount of water used for all purposes does not reach the sewer system, an estimated percentage of total water consumption to be used in computing charges may be established by the Administrator.

(1)

Any person discharging industrial waste into the public sewers of the Town of Porter who procures any part or all of his water supply from sources other than the Town Water Department, all or part of which is discharged into the public sewer, shall install and maintain at his expense water meters of the type approved by the Administrator for the purpose of determining the proper volume of flow to be used in computing the sewer service charge. Such meters shall be read monthly and tested for accuracy when deemed necessary by the Administrator.

(2)

Where it can be shown to the satisfaction of the Administrator that a substantial portion of the water as measured by the aforesaid meter, or meters, does not enter the public sewer system of the Town of Porter, the Administrator may require or permit the installation of additional meters at the owner's expense in such manner as to measure the quantity of water actually entering the public sewer system from the building or premises of such owner or occupant, and the quantity of water used to determine the sewer service charge and abnormal wastewater surcharge may be the quantity of water actually entering the sewer system as so determined, if the Administrator so elects.

The industrial waste discharged or deposited into the public sewers shall be subject to inspection and sampling by the Administrator, the United States Environmental Protection Agency and the New York Department of Environmental Conservation or any of them as often as may deemed necessary by them, or any of them. Samples shall be collected in such manner so as to be representative of the character and concentration of the waste under operational conditions. The laboratory methods used in the examination of said waste shall be those set forth in the Standard Methods for Examination of Waste and Wastewater. The determination of the character and concentration of industrial waste shall be made by the Administrator at such times and on such schedules as may be established by the Administrator. Should an owner or occupant discharging industrial waste into the public sewers desire that a determination of the quality of such industrial waste be made at some time other than that scheduled by the Administrator, such special determination may be made by the Administrator at the expense of the owner or occupant discharging the waste.

[Amended 3-23-1981 by L.L. No. 1-1981]

The admission into the public sewers of any waters or wastes of abnormal strength or containing any quantity of substances having the characteristics described in § 145-10, or having an average daily flow greater than 2% of the average daily wastewater flow of the Town, shall be subject to review and approval by the Town and the Administrator.

(1)

Where necessary in the opinion of the Town, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the five-day BOD, suspended solids, phosphorous, or other objectionable characteristics or constituents to within the maximum limits provided for in § 145-10, or to control the quantities and rates of discharge of such waters or wastes. Plans, specifications and other pertinent information relating to proposed preliminary treatment facilities shall be prepared and submitted by a qualified engineer for the approval of the Administrator, and no construction of such facilities shall be commenced until said approval is obtained in writing.

(2)

The approval of said plans or specifications by the Administrator in no event shall relieve such person of the responsibility for modifying the constructed facilities or structures as needed to produce an effluent acceptable to the Administrator under the terms of this chapter.

Where the strength of wastewater from an industrial, commercial or institutional establishment exceeds 300 parts per million of biochemical oxygen demand or 300 parts per million by weight or suspended solids or the total phosphorous compounds measured as P is greater than 10 parts per million by weight, and where such wastes are permitted to be discharged into the sewer system by the Town, an added charge, as hereafter determined, will be made against such establishment according to the strength of such wastes.

(1)

The strength of such wastes shall be determined by composite samples taken over a sufficient period of time to insure a representative sample. The cost of sampling and testing shall be borne by the subject establishment. Tests shall be made by an independent laboratory.

(2)

The establishment discharging such waste shall pay a quarterly surcharge to the Town in addition to the usual quarterly sewer service charges.

(a)

Computation of such surcharge shall be based on the following formula:

S = V x 8.34 [0.011 (BOD – 300) + 0.007 (SS – 300)]

Where:
	S	=	Surcharge in dollars
	V	=	millions of gallons of water consumed during billing period
	8.43	=	pounds per gallon of water
	0.011	=	unit charge per pound for BOD in dollars
	BOD	=	BOD strength index in parts per million by weight
	300	=	normal BOD strength in parts per million by weight
	0.007	=	unit charge per pound suspended solids in dollars
	S.S.	=	suspended solids strength index in parts per million by weight
	300	=	normal suspended solids strength in parts per million by weight
	(There shall be no reduction in surcharge for a discharge with less than 300 BOD or SS)

(b)

For phosphorous:

S (additional) = V x 8.34 1.5 (P – 10)

Where:
	1.5	=	unit charge per pound of P in dollars
	P	=	phosphorous as "P" in parts per million by weight
	10	=	normal "P" strength in parts per million by weight

Industries with two or more discharge points into the same public sewer may be considered to be a single-point source, and may mathematically composite the waste by volumes and concentration as if there were only one discharge point, for the purpose of determining abnormal wastewater discharge and concentrations of obnoxious pollutants, providing that no single discharge point would be injurious to the sewers, pumps, or other appurtenances as herein restricted. To qualify under this section, and before mathematical compositing will be allowed, a complete analysis of each waste so composited must be submitted, along with the calculations showing the methods employed and the final computed single analysis to be used under this chapter.

The owner of any property served by a building sewer carrying industrial wastes may be required to install a wastewater flow meter and sampling device in a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. If the Administrator finds that it is not practicable to measure the quantity or quality of waste by the meters or monitoring devised as herein mentioned, he shall determine the quantity or quality of waste in any manner or method he may find practicable in order to arrive at the percentage of water entering the public sewer system of the Town and/or the quality of the wastewater to be used to determine the sewer service charge and surcharge.

Where preliminary treatment facilities are provided for any waters and wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

No statement contained in this article shall be construed so as to prevent any special agreement or arrangement between the Town and any industrial concern, whereby industrial waste of unusual strength or character may be accepted by the Town, subject to payment therefor by said industrial concern of any abnormal wastewater surcharge.

No statement in this article shall be construed to preclude additional users from seeking and receiving permission to hook into the sewer system. However, the provisions of this chapter shall apply as well as those of any other applicable law, ordinance, rule or regulations as the Town may adopt from time to time.

No statement in this article shall be construed to preclude the imposition or prevent the payment of industrial cost recovery payments as may be otherwise provided.

Pursuant to Article 14-F of the General Municipal Law and §§ 37 and 198 of the Town Law, the Town of Porter hereby provides for the collection of monies to pay for the operation of the sewerage services within any sewer districts or sewer improvement areas.

[Amended 3-23-1981 by L.L. No. 1-1981; 2-11-2002 by L.L. No. 1-2002]

In addition to other such charges as may be provided by any other resolution, local law or ordinance, any user of any sewer district or sewer improvement area shall be charged sewer rents based upon the amount of such water consumption. The amount of such sewer rents shall be established by resolution of the Town Board.

[Amended 3-23-1981 by L.L. No. 1-1981; 2-11-2002 by L.L. No. 1-2002]

The sewer rents provided for in the above subsection will be determined and shall become due and payable quarterly just as water rent is now billed.

(1)

The Town shall quarterly cause a statement to be prepared setting forth the amount of the sewer rents for each of the properties subject thereto and the name of the person in whose name such real property is assessed, which shall be mailed to said person in advance of the aforesaid due dates.

(2)

Where there are two or more housing units connected to the same building sewer, each unit shall be charged as a separate user. If there are two or more units using the same water meter, the water consumption shall be divided equally among said units.

(3)

Upon written notice from the property owner, bills will be mailed to the tenant of the premises; however, in doing so, no responsibility shall be assumed for the tenant receiving such bill or paying the same.

(4)

When it is impossible to obtain a quarterly reading of any water meter for any reason, the water consumption will be estimated based upon the water consumption for the previous quarter. This estimated water consumption may be used for determining sewer rents and will be indicated on the rendition.

(5)

Such amounts unpaid 30 days after said due date shall incur a penalty charge of 10%.

(6)

Sewer rents shall constitute a lien upon the real property served by the sewer system as provided by law.

Real estate exemptions. The charges imposed by this section are for the benefit of the users and are not to be construed as ad valorem taxes or special assessment. Thereby, properties to which real estate exemptions apply are subject to charges under this section.

Commencement of rental charges. All properties connected to any sewer district or sewer improvement area system will be charged sewer rentals from the date when the system is in operation. All other properties required to be connected to this system will be charged from the date they commence use of an operating system or from the date they are required to be connected, whichever is earlier.

[Amended 2-11-2002 by L.L. No. 1-2002]

Change of ownership. Persons purchasing property shall make arrangements with the seller of same regarding settlement for the partial payment of sewer rents during any portion of the quarter. They shall be held liable for all unpaid sewer rents as well as for any sewer rents which have accrued at the time he takes possession. The Town shall assume no responsibility for the failure of the purchaser to ascertain these facts.

Sewer fund. Revenue derived from sewer rents, including penalties and interest, shall be credited to a special fund(s) to be known as the "sewer fund(s)," and monies in such fund(s) shall be used as provided by law.

[Amended 2-11-2002 by L.L. No. 1-2002]

Complaints of overcharge on sewer rents must be made within 30 days of rendition. All bills against which no claim has been made within that period of time shall be considered correct and must be paid at the amount rendered.