The Town shall provide by ordinance, law and/or resolution for
the timely assessment and/or taxation of property to raise and provide
moneys for sewer system construction and financing costs.
Industrial users shall be charged for their fair portion of
the costs of the wastewater treatment plant and facilities as provided
by the provisions of Appendixes B and C.[1]
[1]
Editor's Note: Appendixes B and C are on file in the Town
Clerk's office.
A.
All measurements, tests and analyses of the characteristics of waters
and wastes to which reference is made in this chapter shall be determined
in 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.
B.
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 other
public or private water company as shown upon the water meter if the
premises are metered or, 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.
(2)
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
as made by the Town; or 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 a figure determined
by the Town by any combination of the foregoing methods or by any
other equitable method.
C.
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 an 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 Lewiston 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 own 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 it is 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 Lewiston,
the Administrator may require or permit the installation of additional
meters at the owner's expense and in such a 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 quality 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.
D.
The industrial waste discharged or deposited into the public sewers
shall be subject to inspection sampling as often as may be deemed
necessary by the Administrator, representatives of the United States
Environmental Protection Agency or representatives of the New York
State Department of Environmental Conservation. Samples shall be collected
in such a manner 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 of Examination of Water 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.
E.
The admission into public sewers of any water or wastes of abnormal strength or containing any quantity of substances having the characteristics described in § 270-10, 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 § 270-10 or to control the quantities and rates of discharge of such water 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
shall in no event 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.
(3)
Any user which discharges any waters or wastes which cause an increase
in the cost of managing effluent or sludge from the Town's Water Pollution
Control Facility, or any user which discharges any substance which
singly or by interaction with other substances causes identifiable
increases in cost of operation, maintenance or replacement of the
wastewater facilities, shall pay for such increased costs.
F.
Where the strength of wastewater from industrial, commercial or institutional
establishments exceeds 300 parts per million of biochemical oxygen
demand or 300 parts per million by weight of suspended solids or where
the total of 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 ensure a representative
sample. The cost of sampling and testing shall be borne by the subject
establishment. Tests shall be made by an independent laboratory. In
addition, the Administrator may perform periodic sampling as deemed
necessary. Costs for this sampling shall also be borne by the subject
establishment.
(2)
The establishment discharging such waste shall pay a quarterly surcharge
to the Town in addition to the usual quarterly sewer service charges.
Computation of such surcharge shall be based on the following formula:
(a)
Formula.
|
S = V x 8.34 [0.011 (BOD — 300) + 0.007 (S.S. —
300)]
|
|
Where:
| ||||
|
S
|
=
|
Surcharge in dollars.
| ||
|
V
|
=
|
Millions of gallons of water consumed during the billing period.
| ||
|
8.34
|
=
|
Pounds per gallon of water.
| ||
|
0.011
|
=
|
Unit charge per pound of 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 of 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 S.S.)
| ||||
(b)
The Town also reserves the right to establish a surcharge for
other constituents at the Administrator's discretion. A representative
list of constituents and concentrations which if exceeded shall warrant
a surcharge are:
(c)
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.
| ||
(3)
The charge per pound of BOD, Suspended solids and phosphorous is
subject to change by the Town Board on a yearly basis.
G.
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 volume and concentration as if there were only
one discharge point for the purpose of determining abnormal wastewater
discharge and concentrations of obnoxious pollutants, provided 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.
H.
Measurement equipment and records.
(1)
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 devices, 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.
(2)
The following may also be required: the installation and maintenance
(including calibration) by the permittee at his own expense for facilities
or equipment, including but not limited to devices for intermittent
or continuous measurement of wastewaters discharged; facilities or
equipment for reducing the maximum rates of discharge; pretreatment
and flow-control facilities; suitable controls or sampling manholes;
grease, oil and sand interceptors, separators or traps; maintenance
of appropriate records of all measurements of wastewaters made by
the permittee.
I.
Where pretreatment facilities, flow meters or samplers are provided
for any water and wastes, they shall be maintained continuously in
satisfactory and effective operation and recalibrated, if necessary,
by the owner at his expense.
J.
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 an abnormal wastewater surcharge, provided
that the special agreement or arrangement in no way violates this
chapter or federal categorical pretreatment standards.
K.
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 regulation
as the Town may from time to time adopt.
L.
No statement in this article shall be construed to preclude the imposition
of or prevent the payment of industrial cost recovery payments as
may otherwise be provided.
A.
Pursuant to Article 14-F of the General Municipal Law and §§ 37
and 198 of the Town Law, and as required by Section 204 of the Federal
Water Pollution Control Act amendments of 1972, the Town of Lewiston
hereby provides for the collection of moneys to pay for the operation
and maintenance of the sewage services within the Lewiston Master
Sewer District (LMSD). Lewiston Master Sewer District (LMSD) is understood
to include replacement. The user charge system includes only operation,
maintenance and replacement costs as defined and does not include
capital cost replacement. Capital costs will be levied in a manner
determined by the Town Board in accordance with applicable New York
State law.
B.
Notwithstanding any other charges or rents as may be provided by
any other local law or ordinance, there shall be levied upon every
user of the LMSD sewer system a user charge, which said charge shall
pay for the user's proportional share of the cost of the operation
and maintenance of said sewer system understood to include replacement.
Such user charge shall be based upon each user's contribution to the
total wastewater loading of the sewer system, which in turn shall
be determined by the metered water consumption of each user. The utilization
of this system of user charge determination based on metered water
consumption shall also allow the equitable distribution of costs incurred
by the treatment of any extraneous unbillable flows of wastewater.
The Town will consider substituting actual wastewater flow measurement
as the basis for determining user's contribution to operation and
maintenance costs. Such measurement must be from a wastewater flow
meter installed at the point of discharge to the Town public sewer
system. All costs associated with design, purchase, installation and
maintenance, etc., shall be borne by the user.
C.
A user charge, at the rate of $0.60 pert 1,000 gallons of water consumption,
shall be levied for the first year of operation and maintenance of
the sewer system. Such charge is based upon past experience with existing
similar sewer systems. The user charge established in this system
applies to all users of the Town's treatment works, except to the
extent that such rates are governed by separate intermunicipal agreement
or other contractual arrangement.
D.
Thereafter, there shall be an annual review of the wastewater contribution
of users and the total cost of the operation and maintenance of the
sewer system and, if necessary, a revision of user charges in order
to accomplish the following:
E.
The user charges provided for in the above subsections shall become
due and payable on a quarterly basis just as water rent is now billed.
(1)
The Town shall quarterly cause a statement to be prepared, setting
forth the amount of the user charges for each of the properties subject
thereto, the rate upon which such charge is based and the name of
the person in whose name such real property is assessed. Said statement
shall be mailed to said person prior to the aforesaid due dates.
(2)
Where there are two or more housing units in the same building unit,
each unit shall be charged as a separate user; however, in doing so,
no responsibility shall be assumed by the Town for the tenant receiving
such bill or paying same. If there are two or more units using the
same water meter, water consumption shall be divided equally among
the 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 by the Town for the tenant receiving such bill or
paying same.
(4)
When it is impossible to obtain a quarterly reading of any water
meter for any reason, water consumption will be averaged, as provided
by § 46 of the Water Department Rules and Regulations of
the Code of the Town of Lewiston, based on the consumption of previous
quarters. This averaged or estimated water consumption may be used
for determining user charges and will be so indicated on the rendition.
(5)
User charges, or any balance thereof, which remain unpaid 30 days
after the subject due date shall incur a penalty charge of 10%.
(6)
User charges shall constitute a lien upon the real property served
by the sewer system as provided by law.
F.
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 assessments. Therefore, properties to which real
estate exemptions apply are subject to charges under this section.
G.
Commencement of user charges. All properties connected to the LMSD
system will be charged user charges from the date the system commences
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 ire required to be connected, whichever is earlier.
H.
Change of ownership. Any person purchasing property shall make arrangements
with the seller of same regarding an agreement for the prorating of
user charges during any portion of the quarter during which title
is transferred. Such person shall also be held liable for all unpaid
or accrued user charges which are due at the time said person takes
possession. The Town shall assume no responsibility for the failure
of the purchaser to be aware of this potential liability.
I.
Sewer fund. Revenue derived from user charges, including penalties
and interest, shall be credited to a special fund to be known as the
"Sewer Fund," and moneys in such fund shall be used as provided by
law. Any revenue generated from the operation of the Water Pollution
Control Center (specifically charges received from haulers discharging
septage for treatment) shall be used to offset costs of operation
and maintenance.
J.
Complaints of overcharge on user charges must be made within 30 days
of the rendition of the subject bill. All bills against which no complaint
has been made within this period of time shall be considered correct
and must be paid at the amount stated.
K.
There shall be a charge of $25 for each inspection requested, subsequent
to initial inspection for installation, from the Town for purposes
of interest to the owner or proposed purchaser. Said inspection fee
shall be paid in advance of the inspection and submitted with the
request for such inspection.
