Charges for each district or discrete portions of the service
area shall be levied in accordance with formulas and requirements
specified in documentation (i.e., map and plan) on which legal formation
of said district or portion of service area was based. A schedule
of such charges and other fees applicable under this code shall be
fixed from time to time by resolution of the Town Board, which schedule
shall be made available to the public.
User fees shall be assessed to each property within the service
area for the purposes of retiring debt. User fees and formulas for
determining user fees shall be established in accordance with New
York State Town Law and may be modified from time to time by resolution
of the Town Board. User fees will be included on the tax bills for
each property within the service area and payment for same shall be
made at the same time and at the same place as specified for other
Town charges.
[Amended 5-4-1998 by L.L.
No. 1-1998]
All persons discharging wastes to the POTW shall pay a sewer
service charge based on the liquid volume of wastes so discharged,
which charge shall be collected as a sewer rent. Sewer rents shall
be fixed from time to time by local law or ordinance of the Town Board.
The current rent schedule is available for inspection in the Town
offices. Sewer bills shall be rendered quarterly for residential customers
and monthly for commercial, industrial, agricultural customers and
other customers with usage significantly greater than that of a typical
single-family home, at the discretion of the Superintendent. Bills
shall be payable at such times and places as may be designated by
the Town Board. The Town Board may provide appropriate penalties for
nonpayment of bills, including a shutoff of the water supply.
All persons discharging or depositing wastes with concentrations in excess of the pollutant concentrations in normal sewage shall pay a surcharge. This surcharge shall be in addition to any surcharge assessed directly to the user by the owner of the POTW treatment plant in accordance with an intercommunity agreement. The surcharge rate shall be determined based upon the parameter for which the concentration is most in excess of the concentration of normal sewage as a percent above that of normal sewage. The surcharge rate shall be the percentage in excess of that of normal sewage. The surcharge shall be applied to the sewer rent as determined in §
196-151.
Should the Superintendent determine that the Town or district has been assessed, a surcharge for excessive flow and/or loading as stipulated in an intercommunity agreement and that such surcharge is wholly or in part the result of a user having discharged sewage other than normal sewage or in the case where a permit has been issued to a user that stipulates certain limitations, that such limitations have been exceeded, the surcharge or portion thereof, shall be passed on to said user. Any such surcharges so passed on will be included on the sewer bill and will be payable at the same time and place as other charges included on the sewer bill. Failure to remit payment for such surcharges shall be subject to the provisions of §
196-142, Delinquent payments.
The service area of the POTW may be segmented to assist in a
fair distribution of user charges.
Sewer bills shall be rendered quarterly for residential customers
and monthly from commercial, industrial, agricultural and other persons
with usage significantly greater than that of a typical single-family
home, at the discretion of the Superintendent. Bills shall be payable
at such times and places as may be designated by the Town Board.
The additional charges and fees associated with the operation
of the pretreatment program shall be assessed the user and include:
A. Reimbursement of costs of setting up and operating the pretreatment
program.
C. Monitoring, inspections and surveillance procedures.
D. Costs of equipment and supplies.
E. Reviewing accidental discharge procedures.
F. Construction inspections.
H. Application for consistent removal status as outlined in 40 CFR 403.
I. Legal, engineering and/or other consultant costs where required or
deemed necessary by the Town.
J. Other reasonable expenses to carry out the program to satisfy the
requirements of this Part 1, 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 Town Board. The manner of determining the volume dumped shall
be at the discretion of the Superintendent.
The Town may institute an equitable procedure for recovering
the costs of any capital improvements of those parts of the POTW which
collect, pump, treat and dispose of industrial wastewaters from those
persons discharging such wastewaters into the POTW.
Provisions of Article
XI of this Part
1 relating to the collection of penalties shall apply to the collection of sewer service charges and abnormal sewage service surcharges, unless where otherwise provided by application of Article 14-F (Sewer Rent Law) of General Municipal Law by the Town.
The POTW shall be operated on the basis of a fiscal year commencing
on the first day of January and ending on the 31st day of December.
The Town Board shall have the authority to impose fees on new
development, which development may:
A. Cause enlargement of the service area of the POTW.
B. Cause increased hydraulic and/or treatment demands on the POTW.
Revenues derived from capital charges, user fees, application
or connection fees, user charges and associated penalties and other
fees, shall be credited to a special fund. Moneys in this fund shall
be used exclusively for the following functions:
A. For the payment of the operation and maintenance, including, but
not limited to, repair and replacement costs of the Town POTW;
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 Town POTW; and
D. For the extension, enlargement, replacement of, and/or additions
to the Town POTW, including any necessary appurtenances.