The source of a portion of the revenues for retiring debt services, capital expenditures, operation and maintenance of the public sewage works shall be a sewer service charge assigned to owners of property located within or outside the corporate limits of the Town whose residence or place of business is connected to the public sewer system.
See attached Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
See attached Exhibit A.
See attached Exhibit A.
A charge will be assigned to any property owner requiring a sewer service call by the Town. Such charges shall be established by the Town Board.
The Board reserves the right, from time to time, to change sewer service charges originally or previously assigned to any property owner.
The sewer service charge assigned to any property owner who is not connected to the public water supply shall be established by the Board. Such sewer service charges shall be computed by multiplying the estimated or measured volume of sewage contributed to the public sewers by such property owner by the applicable unit sewer service charge rate(s) set forth in § 102-167.
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 his water bill, shall be established by the Board. Such sewer service charges shall be computed by multiplying the estimated or measured volume of sewage entering the public sewers by such property owner by the applicable unit sewer service charge rate(s) set forth in § 102-167.
The Town of Lenox shall charge a one-time permit fee to the local government administering a sewer district each time a new user is added to the district's sewer system. The permit fee shall be established through an intermunicipal agreement between the Town of Lenox and the local government establishing such district.
Each sewer charge levied pursuant to the part is hereby made a lien on the premises, and if the same is not paid within 30 days after it shall be due and payable, it shall be certified to the Treasurer of the Town, who shall place the same on the real property tax bill for that year with interest and penalties allowed by law and be collected as other Town taxes are collected. The above notwithstanding, the Town, in its discretion, may seek to collect unpaid charges by an appropriate civil action to be commenced any time after the expiration of said thirty-day period.
Those water consumers and/or users of the sewerage system who, 30 days after bills have been rendered for the services described herein and at the rates prescribed herein, have not paid their bills shall be deemed to be delinquent; and the service to their premises may be discontinued, and such service shall not be restored until proper settlement of the delinquent customer's account has been made, together with any additional costs which might have been incurred by the Town in the discontinuing or restoring of the delinquent customer's service.
A. 
Anything to the contrary herein notwithstanding, the Town Board may bring or maintain an action as upon contract for sewer rents and charges in arrears, including penalties and interest, or foreclose liens for such sewer rents and charges.
B. 
Sewer rents. Except as otherwise hereinafter stated, the rates for sewer rents and charges as payable quarter-annually in accordance with the above schedule, at net if paid within 30 days (industrial users 30 days) following the bill or statement date. A penalty of 10% will be charged if payments are made subsequent to the expiration of said thirty-day period (industrial users 30 days).
C. 
Users with wastewater discharge of less than 3,500 cubic feet per day and waste strength of less than the maximum values shown in § 102-112 shall be defined as "domestic/commercial users." Sewer service charge for domestic/commercial users shall be determined by the Town on a fair-user basis utilizing the user charge and capital recovery charge formula in this section for domestic/commercial users. A minimum flat rate sewer service charge of $4 per three months shall be levied for domestic/commercial users with less than 700 cubic feet per three months as long as service remains connected to the Town sewers.
D. 
Users with wastewater discharge of greater than 3,500 cubic feet per day and/or waste strength of greater than the maximum values shown in § 102-112 shall be defined as "industrial users." Sewer service charges for industrial users shall be determined by the Town on a fair-user basis utilizing the industrial user charge and industrial capital recovery charge formula included in this subsection.
(1) 
Calculated user charges for industrial wastes shall be based on analyses of weekly composite sampling (over 24 hours) in computing monthly averages.
(2) 
Users either consuming in excess of 200,000 cubic feet of water per month or, if applicable, discharging more than 200,000 cubic feet of discharge into the Town sewer system per month shall be subject to a monthly minimum net sewer use charge of $2,000, which shall be credited against the sewer service charge determined on a quarter-annual basis. Said minimum charge for each month shall be due and payable on or before the 10th day of the following month without billing being required therefor. A penalty of 10% will be charged if such monthly payment is made after the expiration of said ten-day period. Excess sewer use charges and rents, together with surcharges, if any, shall be determined and billed quarter-annually giving a credit for the total monthly advance payments actually paid for the quarter and shall be payable in accordance with the provisions of Subsection B above.
(3) 
A continuous pH recorded shall be provided to monitor the industry's effluent prior to discharge to the Town sewer. The records shall be transmitted to the Town weekly.
E. 
A sewer service charge assigned to any property owner 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 Town if requested by the property owner. If the volume of discharge shall be used to determine the sewer service charge, then in lieu of a sewer service charge computed pursuant to Subsection C, 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 unit sewer service charge rate(s) set forth in § 102-167. 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.
The charge for dumping septage at the sewage treatment plant and the manner of determining the volume dumped will be at the discretion of the Town.
This Part 3 shall take effect immediately upon filing with the New York State Secretary of State.