All persons owning, having or occupying lots, parcels or tracts
of land situated within the Old Forge Sewer District having thereon
buildings or structures of any kind connected to the District sewerage
works shall pay to the Town Clerk, at the times provided by the Town
Board, rents and charges as may be fixed by the Town Board, from time
to time, and based on the criteria set forth in the following sections.
The source of a portion of the revenues for retiring debt service,
capital expenditures, operation and maintenance of the District's
Sewerage Works shall be a combination of ad valorem tax and a sewer
service charge.
Revenues for retiring debt service and capital expenditures
shall be derived from an ad valorem tax levied on property located
in the District, as taken from the tax rolls of record, utilizing
the tax rate established by the Town Board.
Revenues for defraying operation and maintenance costs shall
be raised by assigning a sewer service charge to all users of the
sewerage Works. Each user's normal charge shall be based on the volume
of wastewater which said user discharges to the public sewers, in
accordance with the following applicable criteria:
A.
An equivalent unit system shall be utilized to reflect the user's
volume of wastewater, and the number of assigned equivalent units
for a particular user shall be determined in accordance with Schedule
A attached to the end of this article.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B.
Metered water consumption shall be utilized to determine the volume
of wastewater of those users connected to the public water system
but not covered by Schedule A. If water service to the user is unmetered,
a meter shall be installed by the District at user's expense, if ordered
by the Town Board.
C.
The volume of wastewater of those users not connected to the public
water system and not covered by Schedule A shall be determined by
measurement of the user's wastewater by the Sewer District at the
point of entry into the public sewers.
Users discharging wastewater to the sewerage works which exceeds the strength of "normal wastewater" as defined in § 382-63 shall be assigned a surcharge in addition to their normal sewer service charge. The surcharge shall depend on the strength and character of the wastewater from measurements and samplings taken by the Sewer District, the results thereof utilized to calculate the amount of the surcharge in accordance with the criteria, procedures, and limitations set forth in Schedule B attached to the end of this article.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
The ad valorem tax shall be assessed each calendar year. Rates
used for calculating the normal sewer service charge will be determined
each calendar year. Surcharge amounts, as determined by Schedule B
during one month of sampling and analysis, shall be assigned each
month for the ensuing three-month period, followed by further sampling
and recalculation of the surcharge amount for the succeeding period
if so ordered by the Town Board.
A.
Sewer service charges and ad valorem tax shall be payable annually
and shall be billed as part of the annual tax bill on January 1 of
each year.
B.
All rents shall be due and payable on the date of rendition thereof;
provided, however, that if such bills are paid on or before January
31, no penalty shall be added thereto.
C.
In the event that charges for sewage service or sewer rents are not
paid within the period allowed, then a penalty of 10% of the amount
in arrears shall be added thereto. Also, such charges shall be deemed
and declared to be delinquent, and thereafter such delinquency shall
constitute a lien upon real estate for which such service is supplied,
and the Town Clerk or the collector of sewer rents, as the case may
be, is hereby authorized to file sworn statements showing such delinquencies
in the Town Clerk's Office, and the filing thereof shall be deemed
notice of lien of such charges for such service.
D.
The rates and charges herein established shall be collected from
the owners from and after the effective date of this article.
Sewer rents shall constitute a lien upon the real property served
by the sewer system, or such 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 and claim except the lien of any
existing tax assessment or other lawful charges imposed by or for
the state or political subdivision thereof, in accordance with § 452,
Subdivision 3, of the General Municipal Law of the State of New York.
The additional charges and fees associated with the operation
of the pretreatment program shall be assessed the industrial 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.
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 District. The manner of determining the volume dumped shall be
at the discretion of the Superintendent.
The District 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 known as the
"Sewer Rent Fund." Monies in this fund shall be used in accordance
with the provisions of § 453 of the General Municipal Law
of the State of New York, and shall be used exclusively for the following
functions:
A.
For the payment of the operation and maintenance, including repair
and replacement costs of the POTW within the District;
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 POTW within the Town of Webb; and
D.
For the construction, extension, enlargement, replacement of, and/or
additions to the POTW within the Town of Webb, including any necessary
appurtenances, or parts thereof.
The Town Board of the Town of Webb acting as Commissioners of
the Old Forge Sewer District may from time to time review the rates,
fees and charges set forth by this chapter and change or amend such
rates, fees or charges by resolution of the Town Board.
