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.
ACTUAL AVERAGE FLOW
The thirty-day average wastewater flow from a residential
or nonresidential structure.
A.
In the absence of metered data, the flows specified in Appendix
C 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.
B.
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 shall be used to calculate the sewer use charges for the
next year.
C.
For the purposes of calculating sewer use charges, the minimum
value for actual average flow shall be 100 GPD.
CITY
The City of New York, and any of its departments and agencies,
including, without limitation, NYCDEP.
DESIGNATED SERVICE AREA (aka TOWN SEWER DISTRICT)
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.
EQUIVALENT DWELLING UNIT (EDU)
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.
GPD USER CHARGE
The O&M costs divided by the total combined residential
and nonresidential flow.
NYCDEP
The New York City Department of Environmental Protection.
OPERATION AND MAINTENANCE (O&M) COSTS
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.
PENALTY CHARGE
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.
SEWER SYSTEM
All facilities for collecting, regulating, pumping and transporting
wastewater to and away from the Town's treatment plant.
SURCHARGE
The debt or capital charge assessed equitably against benefitted
residential and nonresidential users.
USER
Any property connected to the municipal sewer system.
Any unpaid assessment shall represent a lien on the property
to the same extent and in the same manner as the real property tax.