A.
All persons discharging or depositing wastes into the public sewers shall pay a sewer service charge as a flat fee or proportional to the liquid volume of waste so deposited, which charge shall be collected as a sewer rent, as prescribed in the City Fee Schedule and that may be revised from time to time by resolution of the Port Jervis Common Council pursuant to City of Port Jervis Municipal Code § 280-10. The Common Council may adopt the same or different schedules of rates, fees, charges and surcharges for sewer usage by domestic, nondomestic, commercial and/or industrial users.
B.
Local Law No. 12 of the Year 2014, "Creating a Sewer Use Fee for Individuals and Entities to the City of Port Jervis and Amending Article V of Chapter 445 of the Port Jervis City Code," is hereby referenced and incorporated into the provisions of this chapter, and Local Law No. 12 of the Year 2014 remains in force and effect upon the adoption of this chapter.
All persons discharging or depositing wastes with concentrations
in excess of the pollutant concentrations in normal sewage shall pay
a surcharge, as may be prescribed in the City Fee Schedule.
The total sewer service charge (which shall be called the "user
charge"), is comprised of the normal sewage service charge and any
surcharges for abnormal sewage, surcharges for pretreatment costs
and any other surcharges or fees which may be authorized by resolution
of the Common Council.
The service area of the POTWCS may be segmented to assist in
a fair distribution of user charges, especially if there is a pump
station serving a segment.
The volume of flow to be used in computing volume sewer service
charges and volume abnormal sewage surcharges shall be based upon
metered water consumption as shown on the records of meter readings
maintained by the City of Port Jervis Water Department. In the event
that a person discharging wastes into the POTWCS produces evidence,
to the Director, demonstrating that a substantial portion of the total
amount of metered water does not reach the POTWCS, then the Director
shall either establish a percentage of the total metered water to
be used as a basis for such computations or direct the installation
of appropriate flow measuring (and totalizing) devices to measure
and record the actual amount of flow into the POTWCS. In the event
that a person discharging wastes into the POTWCS procures all or part
of his water supply from unmetered sources, the Director shall either
direct the installation of water meters on the other sources of water
supply, or direct the installation of appropriate flow measuring devices
to measure and record the actual amount of flow into the POTWCS. Any
water meters and/or flow measuring devices installed pursuant to this
section shall be of a type and design acceptable to the Director and
shall be installed, maintained, and periodically tested as required
by the Director, at the owner's expense. All such meters and/or flow
measuring devices shall be subject to periodic inspection, testing,
and reading by the Director. Any person discharging wastes into the
POTWCS may install a flow-measuring device at his option, of the type,
design, installation, and maintenance standards of the Director, at
the owner's expense.
The billing period shall be quarterly for industrial and for
nonindustrial users.
The additional charges and fees associated with the operation
of the pretreatment program shall be assessed to the user and include:
A.
Reimbursement of costs of setting up and operating the pretreatment
program.
B.
Issuing permits.
C.
Monitoring, inspections, and surveillance procedures.
D.
Costs of equipment and supplies.
E.
Reviewing accidental discharge procedures.
F.
Construction inspections.
G.
Filing appeals.
H.
Application for consistent removal status as outlined in 40 CFR Part
403.
I.
Other reasonable expenses to carry out the program to satisfy the
requirements of this chapter, the NYSDEC, and the federal government.
The charge for treatment and disposal of the trucked or hauled
waste that is introduced into the POTW shall be established by resolution
of the City of Port Jervis Common Council. The manner of determining
the volume dumped shall be at the discretion of the Director.
The City of Port Jervis may institute an equitable procedure
for recovering the costs of any capital improvements of those parts
of the POTWCS which collect, pump, and convey wastewaters from those
persons discharging such wastewaters into the POTWCS.
Provisions of Article XI of this chapter 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 the Sewer Use Fee Law of the City of Port Jervis.
The POTWCS 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 City Of Port Jervis Common Council shall have the authority
to impose impact fees on new development, which development may:
Revenues derived from user charges and associated penalties
and impact fees shall be credited to a special fund. Monies in this
fund shall be used exclusively for the following functions:
A.
For the payment of the operation and maintenance, including repair
and replacement costs, of the POTWCS.
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 POTWCS.
D.
For the extension, enlargement, replacement of, and/or additions
to the POTWCS, including any necessary appurtenances.
A.
The City of Port Jervis shall maintain and keep proper books of records
and accounts for the POTWCS, separate from all other records and accounts,
in which shall be made full and correct entries of all transactions
relating to the POTWCS. The City of Port Jervis will cause an annual
audit of such books of record and account for the preceding fiscal
year to be made by a recognized independent certified public accountant,
and will supply such audit report to authorized officials, and the
public, on request.
B.
In conjunction with the audit, there shall be an annual review of
the sewer charge system to determine if it is adequate to meet expenditures
for all programs for the coming year.
C.
Classification of old and new industrial users should also be reviewed
annually. The City of Port Jervis shall maintain and carry insurance
on all physical properties of the POTWCS, of the kinds and in the
amounts normally carried by public utility companies and municipalities
engaged in the operation of sewage disposal systems. All moneys received
for losses under any such insurance policies shall be applied solely
to the replacement and restoration of the property damaged or destroyed.
