[HISTORY: Adopted by the Town Board of the
Town of Grand Island 12-29-1980 by L.L. No. 3-1980; amended in its entirety 12-3-1984 by L.L. No.
6-1984 (Ch. 34 of the 1963 Code). Subsequent amendments
noted where applicable.]
[Amended 12-19-1988 by L.L. No. 4-1988; 12-4-1989 by L.L. No. 8-1989; 10-15-2012 by L.L. No. 3-2012]
The purpose of this chapter shall be to generate
sufficient revenue, to first pay for the necessary operation and maintenance
costs and then capital construction costs, the net of related estimated
revenues and budget resource appropriations, from users who are connected,
in whole or in part, to the Town of Grand Island Sanitary Sewer District.
The Town of Grand Island shall determine the
total annual costs of operation and maintenance of the sewer system
which are necessary to maintain the capacity and performance, during
the service life of the treatment works, for which such works were
designed and constructed. The total annual cost of operation and maintenance
shall include, but need not be limited to, labor, repairs, equipment,
replacement, maintenance, necessary modifications, power, sampling,
laboratory tests and other reasonable costs.
A.
The Town Board shall establish annual sewer rent charges
in the Consolidated Sanitary Sewer District of the Town of Grand Island
and out of said consolidated district by resolution of the Town Board
following a public hearing.
[Last amended 10-15-2012 by L.L. No. 3-2012]
B.
In-district
charges shall be based upon the consumption volume of water on premises
served by the district sewer system, or such part thereof. Such premises
served shall be any property or parcel that fronts or abuts a gravity
sewer line and is connected or is required to be connected to a public
sewer line. The water consumption for all in-district users shall
be the quarterly consumption reported by the Town of Grand Island
Water Department.
C.
Out-of-district charges shall be calculated annually,
using the previous year's land value, water consumption and applicable
user rates in effect in the respective district to which the out-of-district
user is connected.
D.
When there is no previous quarterly record or incomplete
records, the amount of consumption shall be estimated by the Town
of Grand Island Water Department and the assessment adjusted on the
following quarterly billing to cover actual consumption and discharge
into the sanitary line.
E.
Notwithstanding any other provision of law to the contrary, in-district
and out-of-district charges shall not be based entirely upon the consumption
volume of water on premises as follows:
[Added 8-3-1998 by L.L.
No. 7-1998; amended 10-16-2017 by L.L. No. 3-2017]
(1)
Where it can be clearly demonstrated, by separate water meter reading
or by application of standard design and sewer volumes as established
by the New York State Department of Environmental Conservation, that
commercial properties with minimum annual consumption volumes of 500,000
gallons of water have at least 25% or more of the annual consumption
volume of water not going into the sewer system. In such cases, the
Town of Grand Island shall make the determination that, based on separate
water meter reading or by application of said standard design sewer
volumes, at least 25% of the annual consumption volume of water for
the premises does not go into the sewer system, and the sewer charges
shall then be based upon the volume of water determined to be going
into the sewer system from the premises. Any meters required to be
installed to make this determination shall be meters approved by the
Town of Grand Island, and any cost for purchase, installation or maintenance
of such meters shall be the responsibility of the user. Commercial
properties wishing to obtain any adjustment to their sewer rents pursuant
to this section shall pay the application fee and annual renewal fee
in the amount(s) set forth in the Schedule of Fees adopted by Town
Board resolution and filed in the office of the Town Clerk.
(2)
Where it can be clearly demonstrated, by separate water meter reading,
that farm operations within county-adopted, state-certified agricultural
districts have at least 25% or more of the annual consumption volume
of water not going into the sewer system. In such cases, the Town
of Grand Island shall make the determination that, based on separate
water meter reading, at least 25% of the annual consumption volume
of water for the premises does not go into the sewer system, and the
sewer charges shall then be based upon the volume of water determined
to be going into the sewer system from the premises. Any meters required
to be installed to make this determination shall be meters approved
by the Town of Grand Island, and any cost for purchase, installation,
or maintenance of such meters shall be the responsibility of the user.
Farm operations in county-adopted, state-certified agricultural districts
wishing to obtain any adjustment to their sewer rents pursuant to
this section shall pay the application fee and annual renewal fee
in the amount(s) set forth in the Schedule of Fees adopted by Town
Board resolution and filed in the office of the Town Clerk.
The Town of Grand Island shall review annually
the necessary operation and maintenance costs and capital construction
costs, the net of related estimated revenue and budget resource appropriations,
as well as each user's wastewater contribution percentage annually
and will revise the system as necessary to assure equity of the sewer
rent charges established herein and to assure that sufficient funds
are obtained to adequately operate and maintain the sewer system.
A.
Sewer rents of all sewer users shall become due and
payable quarterly, in conjunction with the regular water bill. The
penalty for payments received 30 days after the billing date shall
be 10% of the net amount of the sewer rent due.
B.
Unpaid sewer bills shall be levied against the real
property for same at the same time and in the same manner as Town
taxes and shall be included in the Town tax bill for the following
Town fiscal year, and such amount, along with the processing charge
specified in the Town's fee schedule, shall be collected and enforced
in the same manner and at the same time as is provided by law for
the collection and enforcement of Town taxes.
[Amended 10-15-2012 by L.L. No. 3-2012]
Each user will be notified, at least annually,
in conjunction with a regular bill, of the rate and that portion of
the user charges which are attributable to wastewater treatment services.
[Amended 10-15-2012 by L.L. No. 3-2012]
This system of service charges shall take precedence over any terms or conditions of agreements or contracts between the Town of Grand Island and users (including industrial users, special districts, other municipalities or state and federal agencies or installations) which are inconsistent with Section 204(b)(1)(A) of the Clean Water Act (33 U.S.C. § 1251 et seq., as amended) or the rules and regulations Title 40, Chapter 35 of the Code of Federal Regulations.
[Amended 10-15-2012 by L.L. No. 3-2012]
Each user who discharges any toxic pollutants
which cause an increase in the cost of managing the effluent or the
sludge of the wastewater treatment works shall pay for such increased
costs. In addition, any person or entity violating any of the provisions
of this chapter shall become liable to the Town for any expense, loss
or damage occasioned the Town by reason of such violation.
[Added 12-19-1988 by L.L. No. 4-1988]
Whenever a new sanitary sewer district is created
within the Town of Grand Island, users within the newly established
district shall pay a sewer rent for that portion of the year during
which the premises are connected or are required to be connected to
a public sewer line. The annual charge shall be calculated by the
Town Board of the Town of Grand Island on or before December 31 of
the year in which the district was created or the premises were connected
or required to be connected to a public sewer line. This annual charge
shall then become a part of the annual sewer rent charge for the succeeding
year and shall be due and payable with the annual sewer rent charge
for the calendar year following that year in which the sewer district
was first established.
