All persons discharging or depositing wastes into the public
sewers shall pay a sewer service charge proportional to the liquid
volume of waste so deposited, which charge shall be collected as a
sewer rent.
All persons discharging or depositing wastes with concentrations
in excess of the pollutant concentrations in normal sewage shall pay
a surcharge.
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)
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=
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Total user charge for POTW operation and maintenance
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UC(n)
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=
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User charge associated with normal sewage
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UC(an)
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=
|
User charge associated with abnormal sewage
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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 volume of flow to be used in computing sewer service charges
and abnormal sewage surcharges shall be based upon metered water consumption
as shown on the records of meter readings maintained by the Town of
Elma Water Department. In the event that a person discharging wastes
into the POTW produces evidence to the Superintendent demonstrating
that a substantial portion of the total amount of metered water does
not reach the POTW, then the Superintendent shall either establish
a percentage of the total metered water to be used as a basis for
such computations, or direct the installation of appropriate flow-measuring
(and totalizing) devices to measure and record the actual amount of
flow into the POTW. In the event that a person discharging wastes
into the POTW procures all or part of his water supply from unmetered
sources, the Superintendent shall either direct the installation of
water meters on the other sources of water supply, or direct the installation
of appropriate flow-measuring devices to measure and record the actual
amount of flow into the POTW. Any water meters and/or flow-measuring
devices installed pursuant to this section shall be of a type and
design acceptable to the Superintendent and shall be installed, maintained,
and periodically tested as required by the Superintendent, at the
owner's expense. All such meters and/or flow-measuring devices shall
be subject to periodic inspection, testing, and reading by the Superintendent.
Any person discharging wastes into the POTW may install a flow-measuring
device at his option, of the type, design, installation, and maintenance
standards of the Superintendent, at the owner's expense.
The billing period shall be monthly for industrial and bimonthly
for nonindustrial users.
The additional charges and fees associated with the operation
of the pretreatment program shall be assessed the user, and include:
A.
Reimbursement of costs of setting up and operating the pretreatment
program;
B.
Issuing permits;
C.
Monitoring inspections, and surveillance procedures;
D.
Costs of equipment and supplies;
E.
Reviewing accidental discharge procedures;
F.
Construction inspections;
G.
Filing appeals;
H.
Application for consistent removal status as outlined in 40 CFR 403;
and
I.
Other reasonable expenses to carry out the program to satisfy the
requirements of this chapter, the NYSDEC, and the federal government.
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 of Elma Board. The manner of determining the volume dumped
shall be at the discretion of the Superintendent.
The Town of Elma 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 into the POTW.
Provisions of Article XI of this chapter relating to the collection of penalties shall apply to the collection of sewer service charges and abnormal sewage service surcharges, unless where otherwise provided by application of the Sewer Rent Law by the Town of Elma.
The POTW shall be operated on the basis of a fiscal year commencing
on the first day of January and ending on the 31st day of December.
The Town of Elma (Board) shall have the authority to impose
impact fees on new development, which development may:
Revenues derived from user charges and 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 of Elma 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 of Elma POTW; and
D.
For the extension, enlargement, replacement of, and/or additions
to the Town of Elma POTW, including any necessary appurtenances.
A.
The Town of Elma shall maintain and keep proper books of records
and accounts for the POTW, separate from all other records and accounts,
in which shall be made full and correct entries of all transactions
relating to the POTW. The Town of Elma will cause an annual audit
of such books of record and account for the preceding fiscal year
to be made by a recognized independent certified public accountant,
and will supply such audit report to authorized officials, and the
public, on request.
B.
In conjunction with the audit, there shall be an annual review of
the sewer charge system to determine if it is adequate to meet expenditures
for all programs for the coming year.
C.
Classification of old and new industrial users should also be reviewed
annually.
D.
The Town of Elma shall maintain and carry insurance on all physical
properties of the POTW, of the kinds and in the amounts normally carried
by public utility companies and municipalities engaged in the operation
of sewage disposal systems. All moneys received for losses under any
such insurance policies shall be applied solely to the replacement
and restoration of the property damaged or destroyed.
