A. 
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.
B. 
Sewer rent rates.
(1) 
The following rates are hereby established by the Board of the Town of Lyons in accordance with the following scale of rents:
(a) 
Inside Town rates.
[1] 
Minimum charge: $46.20.
[2] 
All over 5,000 gallons at $6 per 1,000 gallons of water, with a minimum charge of $46.20.
(b) 
Outside Town rates.
[1] 
Charge: $64.50 per quarter.
[2] 
All over 5,000 gallons at $8.50/1,000 gallons.
(2) 
If such rents are not paid within 30 days after falling due, a penalty in the sum of 10% of the original bill shall be added thereto (see § 251-107).
C. 
Penalties for late payment shall be as set forth in Article XI.
All persons discharging or depositing wastes with concentrations in excess of the pollutant concentrations in normal sewage shall pay a surcharge.
The total sewer service charge (which shall be called the "User Charge") is comprised of two parts, as follows:
UC(t) = UC(n) + UC(an)
Where:
UC(t)
=
Total User Charge for POTW operation and maintenance
UC(n)
=
User Charge associated with normal sewage
UC(an)
=
User Charge associated with abnormal sewage
UC(n)
=
OM X (OQ/100) X (QIA/QA)
UC(an)
=
OM {[OB/100 x (BIA-Bn)/BA] + [OS/100 X (SIA-SN)/SA] + [OP/100 X (PIA-Pn)/PA] + [ONH/100 X (NHIA-NHn)/NHA] + [OTK/100 X (TKIA-TKn)/TKA]}
Where:
OM
=
Total annual POTW operation and maintenance costs
OQ
=
Percentage of QM attributable to flow (Q)
OB
=
Percentage of QM attributable to BOD5
OS
=
Percentage of OM attributable to suspended solids
OP
=
Percentage of OM attributable to total phosphorus
ONH
=
Percentage of OM attributable to ammonia
OTK
=
Percentage of OM attributable to total Kjeldahl nitrogen
QIA
=
Average daily flow rate (MGD) from discharger
BIA
=
Average daily BOD5 loading (lb./day) from discharger
SIA
=
Average daily suspended solids loading (lb./day) from discharger
PIA
=
Average daily total phosphorus loading (lb./day) from discharger
NHIA
=
Average daily ammonia loading (lb./day) from discharger
TKIA
=
Average daily total Kjeldahl nitrogen loading (lb. N/day) from discharger
QA
=
Average daily flow rate (MGD) at the POTW treatment plant
BA
=
Average daily BOD5 loading (lb./day) at the POTW treatment plant
SA
=
Average daily suspended solids loading (lb./day) at the POTW treatment plant
PA
=
Average daily total phosphorus loading (lb./day) at the POTW treatment plant
NHA
=
Average daily total ammonia loading (lb. N/day) at the POTW treatment plant
TKA
=
Average daily total Kjeldahl nitrogen loading (lb. N/day) at the POTW treatment plant
Bn
=
BOD5 loading (lb./day) in discharge if it were normal sewage
Sn
=
Suspended solids loading (lb./day) in discharge if it were normal sewage
Pn
=
Total phosphorus loading (lb./day) in discharge if it were normal sewage
NHn
=
Ammonia loading (lb. N/day) in discharge if it were normal sewage
TKn
=
Total Kjeldahl nitrogen loading (lb. N/day) in discharge if it were normal sewage
Note: If any difference of terms in the equation above is negative, then that portion of the equation shall not be used; that is, the difference shall be set to zero when it is negative.
Note: All averages are arithmetic averages determined from available data during the billing period.
The service area of the POTW shall be considered as a whole in determining the user charge so that the cost of service is distributed to all users.
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 Town Water Department. In the event that a person discharging wastes into the POTW produces evidence to the Authority demonstrating that a substantial portion of the total amount of metered water does not reach the POTW, then the Authority 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 Authority 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 Authority and shall be installed, maintained, and periodically tested as required by the Authority, at the owner's expense. All such meters and/or flow-measuring devices shall be subject to periodic inspection, testing, and reading by the Authority. 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 Authority, at the owner's expense.
The billing period shall be quarterly.
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.
B. 
Issuing permits.
C. 
Monitoring, inspection, 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 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 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 Authority.
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.
Sewer service charges shall be payable and collected in the same manner and at the same time as bills for the consumption and use of water. Late payment and unpaid charges, including penalties, shall be collected as set forth in Article XI.
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 Town Board shall have the authority to impose impact 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 user charges and associated penalties, and impact fees, shall be credited to a special fund known as the "sewer fund." Monies in this fund shall be used exclusively for the following functions:
A. 
For the payment of the management, maintenance, operation, including 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.
A. 
The Town 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 Town will cause an annual audit of such books of record and accounts for the preceding fiscal year to be made, 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 Town 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.