All persons discharging or depositing wastes into the public
sewers shall pay a sewer service charge proportional to the liquid
volume of waste so deposited, which charge shall be collected as a
sewer rent.
All persons discharging or depositing wastes with concentrations
in excess of the pollutant concentrations in normal sewage and depositing
inflow per Sec. 27-43 shall pay a surcharge. This surcharge shall
be 1.5 times the rate set for normal sewage as set per Sec. 27-180.
The service area of the POTW 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 sewer service charges
and abnormal sewage surcharges shall be based upon metered water consumption
as shown on the records of meter readings maintained by the City of
Olean Water Department. In the event that a person discharging wastes
into the POTW produces evidence to the Superintendent demonstrating
that a substantial portion of the total amount of metered water does
not reach the POTW, then the Superintendent 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 POTW. In the event that a person discharging
wastes into the POTW procures all or part of his water supply from
unmetered sources, the Superintendent 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 POTW. Any water meters and/or
flow measuring devices installed pursuant to this section shall be
of a type and design acceptable to the Superintendent and shall be
installed, maintained, and periodically tested as required by the
Superintendent, at the owner's expense. All such meters and/or
flow measuring devices shall be subject to periodic inspection, testing,
and reading by the Superintendent. Any person discharging wastes into
the POTW may install a flow measuring device at his option, of the
type, design, installation, and maintenance standards of the Superintendent,
at the owner's expense.
The billing period shall be monthly for industrial and nonindustrial
users.
The additional charges and fees associated with the operation
of the pretreatment program shall be assessed the user, and include:
(1)
Reimbursement of costs of setting up and operating the pretreatment
program.
(2)
Issuing permits.
(3)
Monitoring, inspections, and surveillance procedures.
(4)
Costs of equipment and supplies.
(5)
Reviewing accidental discharge procedures.
(6)
Construction inspections.
(7)
Filing appeals.
(8)
Application for consistent removal status as outlined in 40 CFR 403.
(9)
Other reasonable expenses to carry out the program to satisfy the
requirements of this article, 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 City of Olean Council. The manner of determining the volume dumped
shall be at the discretion of the Superintendent.
The City of Olean 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 Sec. 27-44 of this article 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 Rent Law by City of Olean.
The POTW shall be operated on the basis of a fiscal year commencing
on the first day of June and ending on the 31st day of May.
The City of Olean 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 called the Sewer
Fund of the City of Olean. Monies in this fund shall be used exclusively
for the following functions:
(1)
For the payment of the operation and maintenance, including repair
and replacement costs of the City of Olean POTW;
(2)
For the discovery and correction of inflow and infiltration;
(3)
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 City of Olean POTW;
(4)
For the extension, enlargement, replacement of, and/or additions
to the City of Olean POTW, including any necessary appurtenances.
(a)
The City of Olean shall maintain and keep proper books of records
and accounts for the POTW, separate from all other records and accounts,
in which shall be made full and correct entries of all transactions
relating to the POTW. The City of Olean 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.
(d)
The City of Olean shall maintain and carry insurance on all physical
properties of the POTW, 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.
(a)
There is hereby imposed a schedule of sewer rentals.
(b)
For the purpose of fixing and imposing the collection of sewer rentals,
all structures using that part of the sewer system of the City located
within its boundaries are divided into three groups as follows:
(1)
Group I shall consist of residence dwellings occupied by not
more than two family units. Group I shall also include all church
structures.
(2)
Group II shall include all commercial and retail establishments
and all commercial establishments and structures wherein living quarters
are maintained in the same structure. Group II shall also include
all apartments consisting of more than two residence units and all
hospitals, schools and fraternal and social groups and public buildings.
(3)
Group III shall consist of all industrial and manufacturing
structures or units.
(a)
For sewer rates provided within the boundaries of the City, the rates
shall from time to time be amended by the Common Council with the
establishment of a resolution: Prior to passage of any resolution
modifying sewer rates, the Council shall hold a public hearing.
(b)
For sewer services provided outside the City of Olean, the rates
shall from time to time be amended by the Common Council with the
establishment of a resolution.
