For brevity and ease of communication, this article may be cited
as the "Sewer Rent Law for Kent Sewer System."
The Town Board of the Town of Kent, pursuant to the provisions
of Article 14-f of the General Municipal Law, entitled "Sewer Rent
Law," and, in particular, § 452 thereof, does hereby establish
and impose sewer rents to be charged in the Kent sewer system for
all properties connected to the Kent sewer system.
Unless otherwise stated in the section where the term is used
in this article the meaning of the terms used in this article shall
be as stated below. When not inconsistent with the context, the present
tense shall include the future, and words used in the plural shall
include the singular and vice versa. For the purposes of this article,
"shall" is mandatory; "may" is permissive.
The thirty-day average wastewater flow from a residential
or nonresidential structure.
In the absence of metered data, the flows specified in Appendix
C[1] shall be used to calculate the sewer use charges for users.
Otherwise, the actual average flow for users, unless otherwise modified
by a resolution of the Town Board for purposes of calculating sewer
use charges, is the actual meter readings as set forth below.
All properties will be required to meter water usage, and the
actual average flow will be calculated as the metered flow of the
prior year. It is the responsibility of the property owner to provide
to and file with the Town Clerk of the Town of Kent an affidavit of
actual flow for a twelve-month period specified by the Town by July
15 of that year; otherwise, at the option of the Town, the flows specified
in Appendix C[2] shall be used to calculate the sewer use charges for the
next year.
For the purposes of calculating sewer use charges, the minimum
value for actual average flow shall be 100 GPD.
The City of New York, and any of its departments and agencies,
including, without limitation, NYCDEP.
The service area for the Kent sewer system (including any
supplemental service area) agreed to by the Town and the NYCDEP and
as filed in the Town Clerk's office and with the New York State
Department of Environmental Conservation, New York State Department
of Health and the NYCDEP. The designated service area (including the
supplemental service area) is attached hereto and incorporated herein
as Appendix D.[3]
Water usage proportional to that equivalent sewage usage
for a typical single family residence within the designated service
area. One EDU is 223 gallons of water use per day for a thirty-day
average.
The O&M costs divided by the total combined residential
and nonresidential flow.
The New York City Department of Environmental Protection.
The costs of operating and maintaining the municipal sewer
system as those costs are defined in the O&M agreement but excluding
any watershed equipment and method-related costs as defined in the
O&M agreement with NYCDEP.
A charge only assessed against users whose actual average
flow exceeds their allocated flow. The amount of the penalty charge
shall be 20% of the GPD user charge times the actual average flow.
All facilities for collecting, regulating, pumping and transporting
wastewater to and away from the Town's treatment plant.
The debt or capital charge assessed equitably against benefitted
residential and nonresidential users.
The Town of Kent.
All costs incurred by the Kent sewer system in operating,
maintaining, repairing and replacement of the sewer system that are
not classified as O&M costs hereunder.
The GPD Uncovered User Charge times the actual average flow
for a particular user.
Any property connected to the municipal sewer system.
The plant treating wastewater from the Kent sewer system.
The equipment and methods incorporated in the sewer system
required solely by the NYCDEP watershed regulations as defined in
the O&M agreement.
The New York City Watershed Memorandum of Agreement as executed
on January 21, 1997.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.
[3]
Editor's Note: Appendix D is included as an attachment to this chapter.
A.
Payment of sewer use charges. An annual sewer use assessment shall
be levied in advance against each user to be mailed concurrent and/or
as part of the semiannual Town utility bill to the property owner.
Payment shall be made in accordance with the procedures for payment
of the tax bills and the assessment of any interest and/or penalties
shall also be calculated the same as interest and/or penalties are
calculated for the tax bill.
B.
Calculating sewer use charges. Sewer use charges shall be assessed
against users as the sum of the following: 1) the product of the GPD
user charge and the actual annual flow and 2) the surcharge, and 3)
the penalty charge:
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Sewer Use Charge =
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|---|---|
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[GPD User Charge x Actual Average Flow] + [Surcharge] + [Penalty
Charge]
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Any unpaid assessment shall represent a lien on the property
to the same extent and in the same manner as the real property tax.
