The purpose of this article shall be to generate revenue to pay all costs for operation and maintenance for the entire facility of Kings Acres Sewer District and to pay the costs for the treatment plant. These costs are associated with the Kings Acres development and its sewage treatment plant.
Sewer charges shall be used for deriving revenues for financing and maintaining sewage collection and treatment facilities. The funds derived from these charges shall be used for all municipal expenses associated with constructing, improving or maintaining a sewerage system, including engineering, planning, construction, reconstruction of sewers, wastewater treatment works and all necessary appurtenances thereto, including pumping stations, extensions, enlargement, replacement or additions to the sanitary sewer systems or the preliminary or other studies and surveys relative thereto and for the acquisition of land or rights-of-way for any of the capital improvements.
Each owner of real property located within the limits of the Kings Acres Sewer District shall pay a sewer capital charge. The sewer capital charge will be levied and collected annually. The amount levied and collected will be the amount the sewer district is obligated to pay for principal and interest on its outstanding sewer serial bonds and/or BANs. The amount levied shall be distributed to all owners of real property located within the limits of the sewer district in proportion to the relative benefits derived therefrom. This distribution shall be derived by apportioning the total sewer capital costs among all owners of real property in proportion to the number of units of all real property located within the Kings Acres Sewer District. The classification of units set forth in § 95-81 shall be the basis of this distribution.
The Stockport Town Board shall consider and include such factors as strength (BOD and SS), volume and delivery flow rate characteristics as the basis for each user class contribution to ensure a proportional distribution of capital charges to each user class. Upon such consideration, the Stockport Town Board shall establish a system of classification of capital charge units and shall assign the number of units to each class on the following basis:
A. 
Users or nonusers within the average residential user (i.e., single-family residence) class shall be assigned one unit of capital charge.
B. 
One unit of capital charge shall be assigned to users and nonusers within other classes for each quantity of use equivalent to that of the average residential user.
C. 
The capital charge to be paid shall be determined from the following schedule:
Classification
Units of Use
Single-family residence
1
Vacant building lot
1/2
Vacant land
1/2 per 10 acres
A. 
A sewer user charge shall be levied on owners of properties located within the improvement boundaries who contribute sewage to the public sewers.
(1) 
The following items shall be funded by the sewer user charge:
(a) 
The cost of operation and maintenance of the entire sewer collection system, including pump stations.
B. 
The Town Board of the Town of Stockport shall review the user charges periodically and revise them to reflect the actual sewerage works, operation and maintenance cost by local law adopted by a simple majority of said Town Board, except for the user charges for industrial users, which are to be governed by the provisions of § 95-84D.
The Town Board shall review the total annual cost of operation and maintenance, as well as each user class's wastewater contribution percentage, not less often than every two years and will revise the system as necessary to assure equity of the service charge system established herein and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater treatment works. If it is determined that excess revenues have been collected from a class of users, the excess revenues from that class of users shall be applied to the costs of operation and maintenance attributable to that class for the next year, and the number of units of use assigned to that class of users shall be adjusted accordingly.
A. 
Basis for capital charge. Sewer use charges shall be billed quarterly at the same time as the Stockport Water District bills for water usage charges. Capital costs amortization charges shall be included in the tax statement which shall be mailed yearly to each individual residing within the sewer district by the Town for county charges and general Town charges.
B. 
Basis for sewer user charges; sewer rent schedule. Sewer user charges shall be levied as follows:
(1) 
Each sewer user shall be charged with a minimum sewer usage fee for the use of the Stockport Sewer System for the amount of sewer as set by resolution by the Town Board per billable quarter.
(2) 
Each sewer user shall be charged an additional 80% of the amount of water from the Stockport Water District or other water supply used by the Kings Acres Sewer System based on the quarterly water meter reading for the amount set by resolution by the Town Board.
(3) 
The rates charged to each sewer user shall be such rates as the Town Board may from time to time establish by resolution.
C. 
Sewer rate schedule.
Town of Stockport — Kings Acres Sewer District
Quarterly Sewer Rate Schedule
Sewer Usage Per Meter
(gallons/quarter)
In-District Sewer Rate1, 3
To be determined by resolution of the Town Board
To be determined by resolution of the Town Board
To be determined by resolution of the Town Board
To be determined by resolution of the Town Board
Nonmetered services
$400 per quarter, per business or dwelling unit
Nonrefundable
Nonpublic Meter Rental Charge
$10 per quarter for 3/4" meter and $15 per quarter for 1" meter2
1 1/2" meter: $20
2" meter: $25
Above 3": Rental will be set at time of install per cost
NOTES:
1
Rates subject to change by resolution of the Town Board based on Town's annual budget.
2
Minimum operation and maintenance charge shall be determined by resolution of the Town Board regardless of the amount of sewer used. This applies to all properties that have been issued a Town water meter, whether installed or not installed.
3
If out-of-district users are allowed by Town of Stockport, the fee paid by such users shall be calculated based on § 95-5A and B.
D. 
Sewer fee schedule. The Town reserves the right to assess any additional fees not outlined below on a case-by-case basis to ensure that the Town regulations are met.
(1) 
Processing fee.
(a) 
Residential service: $250.
(b) 
Commercial service: $500.
(c) 
Out of district user: $1,000.
(2) 
Water meter cost, nonpublic water supply.*
Meter Size
Cost
5/8" x 3/4"
$250
3/4"
$250
1"
$275
1 1/2
$525
2"
$675
3", with strainer
$2,000
4", with strainer
$2,500
6", with strainer
$4,000
NOTES:
*
Prices subject to change based on current costs.
(3) 
Miscellaneous.
(a) 
Tampering with meter: $1,000.
(b) 
Fee for unscheduled reading and billing: $50.
(c) 
Replace broken meter base: $50.
(d) 
Fee for testing meter: $50.
[1] 
Labor: as per current cost.
[2] 
Backhoe/operator: as per current cost.
[3] 
Dump truck: as per current cost.
[4] 
Parts: as per current cost.
A. 
In the event of a defective water meter, then the sewer user charge shall be computed based on the average of its last two quarterly billings for sewer user charges during which the meter was operating properly.
B. 
In the event that other than a residential class user enters and uses the improvement, the method computing the sewer user charges for such a user would be based on factors such as strength, volume and delivery flow rate characteristics, as well as the amount of water from the Stockport Water District used by such user as set forth above.
C. 
The bills for sewer user charges shall become due and payable to Kings Acres Sewer District, and such payment shall be made to the Town of Stockport Town Clerk at the Town Clerk's Office on a quarterly basis. If payment is not received by the Town of Stockport Town Clerk within 30 days of the date of the bill for sewer user charges, a penalty of 1% per month of the amount of such bill shall be added thereto and shall become due and payable to Kings Acres Sewer District in the manner proscribed in this section.
D. 
The bills for capital charges shall become due and payable to Kings Acres Sewer District, and such payment shall be made to the Town of Stockport Town Clerk at the Town Clerk's Office on a yearly basis. If payment is not received by the Town of Stockport Town Clerk within 30 days of the date of the bill for capital charges, a penalty of 1% per month of the amount of such bill shall be added thereto and shall become due and payable to Kings Acres Sewer District in the manner proscribed in this section.
E. 
All out-of-district-user sewer usage charges and capital amortization charges shall be calculated based on the classifications set forth in § 95-5A and B. The sewer usage charges and capital charges shall be calculated as determined by resolution of the Town Board.
F. 
Sewer user charges, capital charges, and/or fees and penalties and interest thereon which are delinquent for more than 30 days of the date of the bill by which they were assessed, shall be added to the tax bill of the property owner serviced by the public sewer system of the Town of Stockport or which is located within the improvement boundaries and shall become a lien on the property. Such lien shall be prior to and superior to any other lien or claim except a lien of an existing tax assessment or other lawful Town charge.
Any sums that shall remain unpaid in accordance with § 95-85 of the Town of Stockport Town Code shall be certified by the Stockport Town Clerk as the amount due and payable to the Town Board, and shall be collected and enforced in the same manner and at the same time as provided for the collection and enforcement of Town taxes, and it shall be the duty of the Town Clerk to charge and collect interest thereon at the same rate specified for the collection of Town taxes, notwithstanding the 1% penalty assessed by the Town in accordance with § 95-85.
All owners of real property located within the limits of Kings Acres Sewer District, including tax-exempt properties, must pay sewer capital charges. All users of the facilities of the Kings Acres Sewer District, including tax-exempt properties, must pay sewer user charges.
A. 
The discharge of any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system or to injure or interfere with any sewage treatment process, constitute a hazard in or have an adverse effect on the waters receiving any discharge from the treatment works is hereby prohibited.
B. 
Each user which discharges any toxic pollutant which causes an increase in the cost of managing the effluent or the sludge of the wastewater treatment works shall pay for such increased costs.
This system of service charges shall take precedence over any terms or conditions of agreements or contracts between the grantee and users (including industrial users, special districts, other municipalities or state and federal agencies or installations) which are inconsistent with § 204(b)(1)(a) of the Clean Water Act (33 U.S.C. § 1251 et seq., as amended) or the 40 CFR Part 35 rules and regulations.