Costs associated with the Town of Mount Morris sewer system shall be charged to the properties located within the sewer district and outside users as follows:
A. 
Debt retirement charge for repayment of the debt based upon a unit charge as defined below.
B. 
User charge for payment of the operation and maintenance costs associated with the sanitary sewer system, based upon water usage records.
A. 
A debt retirement charge schedule shall be used for deriving revenues for financing sewage collection and treatment facilities. The funds derived from these charges shall be used for all municipal expenses associated with the construction of new facilities or improvements to the sewerage system including but not limited to administration, engineering, planning, construction/reconstruction of sewers and sewage treatment works and all necessary appurtenances thereto, including pump stations, enlargement, or additions to the sanitary sewer system, or the preliminary study or other studies and surveys related thereto, and for the acquisition of land or right-of-way for any capital improvements.
B. 
A debt retirement charge shall be assigned to owners of properties located within the Town of Mount Morris Sewer District or out-of-district sanitary sewer users. The basis for the debt retirement charge shall be as follows:
(1) 
Single-family dwellings: Premises occupied or designed to be occupied as a single-family dwelling shall be charged one unit.
(2) 
Two-family or multiple dwellings: Premises occupied or designed to be occupied by two or more families, including two-family dwellings, multiple-family dwellings, apartments and apartment houses, shall be charged one unit for each apartment or separate living quarters contained in or on such premises, without regard as to whether the same are occupied on a seasonal or full-year basis.
(3) 
Rooming houses: Premises occupied or designed to be occupied as a rooming house shall be charged 1/3 unit per bedroom with a minimum charge of one unit per building, without regard as to whether the same are occupied on a seasonal or full-year basis.
(4) 
Motels: Premises occupied or designed to be occupied as a motel shall be charged 1/2 unit for each motel unit. For example, a motel with 60 units, whether occupied or unoccupied, shall be charged 30 units.
(5) 
Restaurants with a seating capacity over 50; bar/grill; cocktail lounges. Premises occupied as a restaurant with a seating capacity over 50, bar/grill and/or cocktail lounge shall be charged a minimum of three units, plus an additional one unit for each 50 persons seating capacity or fraction thereof in excess of 100 persons seating capacity, without regard as to whether the same are occupied on a seasonal or full-year basis.
(6) 
Beauty parlors: Premises occupied or claimed to be occupied as a beauty parlor shall be charged two units without regard as to whether the same are occupied on a seasonal or full-year basis.
(7) 
Barbershops: Premises occupied or claimed to be occupied as a barbershop shall be charged one unit without regard as to whether the same are occupied on a seasonal or full-year basis.
(8) 
Soda fountain/snack shop/food courts with a seating capacity under 50: Premises occupied or designed to be occupied as a food/drink dispersal with on-site preparation shall be charged two units without regard as to whether the same are occupied on a seasonal or full-year basis.
(9) 
Theaters and drive-in theaters: Premises occupied or designed to be occupied as a theater shall be charged a minimum of three units, plus 1/2 unit per each additional theater viewing area without regard as to whether the same are occupied on a seasonal or full-year basis.
(10) 
Repair facilities: Premises occupied or designed to be occupied as a motor vehicle and/or boat marina repair service or repainting facility or garage shall be charged one unit per the first four employees, plus 1/2 unit per each additional four employees or fraction thereof, without regard as to whether the same are occupied on a seasonal or full-year basis.
(11) 
Gasoline stations with convenience stores: Premises occupied or designed to be occupied as a gasoline station with convenience store only shall be charged two units, without regard as to whether the same are occupied on a seasonal or full-year basis.
(12) 
Gasoline stations with convenience stores and snack shops: Premises occupied or designed to be occupied as a gasoline station with convenience store and snack shop shall be charged 3 1/2 units, without regard as to whether the same are occupied on a seasonal or full-year basis.
(13) 
Office buildings/business agencies: Premises occupied or designed to be occupied as a location of a business office or agency shall be charged one unit per first four employees, plus 1/2 unit per each additional four employees or fraction thereof, without regard as to whether the same are occupied on a seasonal or full-year basis.
(14) 
Commercial stores: Premises occupied or designed to be occupied as a commercial store shall be charged one unit up to 6,000 square feet of floor area plus 1/2 unit per each additional 6,000 square feet or fraction thereof, plus any additional units so determined within this part, without regard as to whether the same are occupied on a seasonal or full-year basis.
(15) 
Plazas or malls: Premises occupied or designed to be occupied as a shopping plaza or mall with stores under 6,000 square feet will be charged one unit per store, plus any additional units so determined within this section, without regard as to whether the same are occupied on a seasonal or full-year basis.
(16) 
Laundromats: Premises occupied or designed to be occupied as a laundromat, whether self-service or otherwise, shall be charged 1 1/2 units for each two single-capacity washing machines and 1 1/2 for each double washing machine, without regard as to whether the same are occupied on a seasonal or full-year basis.
(17) 
Mobile home parks: A mobile home park shall be charged one unit for each approved mobile home stand, without regard as to whether each space is actually occupied by a mobile home on a seasonal or full-year basis.
(18) 
Education facilities/day care: Premises occupied or designed to be occupied as an educational facility or day care shall be charged two units per 20 full-time student/faculty/support personnel and full-time equivalent population, without regard as to whether the same are occupied on a seasonal or full-year basis.
(19) 
Banks and drive-in banks: Premises occupied or designed to be utilized as a bank or drive-in bank shall be charged two units, without regard as to whether the same are occupied on a seasonal or full-year basis.
(20) 
Car wash: Premises occupied as a car wash, whether self-service or otherwise, shall be charged two units per bay therein, plus five units per every automatic car wash bay, without regard as to whether the same are occupied on a seasonal or full-year basis.
(21) 
Church property: Premises designed or occupied to be utilized for religious purposes (church, parsonage) will be charged one unit for each sewered building, without regard as to whether the same are occupied on a seasonal or full-year basis.
(22) 
Public park: Premises designed or utilized as a public park shall be charged one unit for each male facility and one unit for each female facility, without regard as to whether the same are open on a seasonal or full-year basis.
(23) 
Industrial/warehouse: Premises designed or occupied as an industrial facility or warehouse shall be charged one unit, plus one unit for each 10 employees or fraction thereof, plus an additional industrial wastewater charge so determined by the Town Board.
(24) 
Nonprofit public services: Premises designed or occupied to be utilized for a nonprofit public service (firehouse, ambulance center) will be charged one unit for each sewered building, without regard as to whether the same are occupied on a seasonal or full-year basis.
(25) 
Public schools: Premises designed or occupied to be utilized for a public school will be charged at the rate of 1/10 of a so-called household unit for each pupil, teacher and employee, without regard as to whether the same are occupied on a seasonal or full-year basis.
(26) 
Any parcel or real property which does not fall in any of the above classifications shall be charged a rate as determined by the Town Board. In the event that any parcel of real property falls within more than one of the above classifications, the combining of household units for each classification will take place.
(27) 
Mobile campground sites: Premises designed or utilized as mobile camping ground sites will be charged one unit per every five camper stands plus three units for every disposal site utilized by the campground site to service the transient vehicle, without regard as to whether the same are occupied on a seasonal basis or full-year basis.
(28) 
Post office will be charged one unit for each eight employees.
(29) 
Lodge and fraternal organizations will be charged one unit.
(30) 
Vacant lots will be charged 1/2 unit until something is placed on the parcel.
C. 
The debt retirement charge, user charge, and fees shall be evaluated annually by the Town of Mount Morris, and modified accordingly by Town Board resolution, if necessary.
D. 
The per-unit amount of annual debt retirement charge shall be equal to the total of the annual debt service expenses divided by the total number of units, as described above, served by the system (including out-of-district users).
E. 
The debt retirement charge shall be billed on the first day of January, each year, and shall be included with the Town tax bill.
F. 
On or before the first of November of each year, the Town Board shall compute the debt retirement charge to be charged to each property in the Town of Mount Morris Sewer District and out-of-district users, in accordance with this section of this chapter. Such computations shall be based upon facts obtained from its own investigation or certified statements furnished by property owners containing pertinent facts or information based upon a period ending on June 30 of the previous year, as to the number of employees, pupils, teachers, number of rooms or apartments or separate dwellings, and the amount of the canning packed during said period or other necessary facts or information which may be applicable. Such information shall be furnished by the sewer users to the Town Board upon a five-day written notice requesting such information.
A. 
A user charge shall be utilized for deriving revenues for operating and maintaining the sewage treatment plant, pump stations and sanitary sewer system. The funds derived from these charges shall be used for all municipal expenses associated with the operation and maintenance of the sewers, pump stations, and sewage treatment works and all appurtenances thereto, including but not limited to administration charges, laboratory testing fees, engineering, insurance, permit fees, replacement of equipment or accessories, or appurtenances which are necessary to maintain the capacity and performance of the system during the life of the aforementioned facilities.
B. 
A user charge shall be assigned to users of the sewer system who contribute wastes to the sanitary sewer system, regardless of whether they are included within or out of the sewer district.
C. 
The basis for the user charge shall be the consumption of water by the user in units of 1,000 gallons. If the unit does not utilize municipal water or utilizes a combination of municipal water and well water, then an average per unit usage of water will be assigned at 80,000 gallons of water used per year per unit.
D. 
The per-unit amount of the annual user charge shall be equal to the total of the annual operation and maintenance expenses as outlined above divided by the total number of 1,000-gallon units of water consumed by the users of the sanitary sewer system. The user charge shall be billed quarterly on the first day of January, April, July, and October.
E. 
Annual user charges per 1,000 gallons of water shall be set by the Town Board on or before November 1 of each year.
All persons discharging or depositing wastes with concentrations in excess of the pollutant concentrations in normal sewage shall pay a surcharge as outlined in § 36-110.
The total sewer service charge (which shall be called the "user charge") to include surcharge for abnormal sewage, 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 (as outlined in § 36-108B)
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 OM attributable to flow (Q)
OB
=
Percentage of OM 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 N/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 WWTP
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 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 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 Town of Mount Morris 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 for the debt retirement charge shall be annually, in January of each year. The billing period for the user charge 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, 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 403.
I. 
Other reasonable expenses to carry out the program to satisfy the requirements of this chapter, the NYSDEC, and the federal government.
The Town of Mount Morris Sewer Use Law does not have provisions for accepting trucked and hauled septage.
The Town of Mount Morris 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 waste from those persons discharging such wastewaters into the POTW.
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.
The POTW shall be operated on the basis of a calendar year commencing on the first day of January and ending on the 31st day of December.
The Town of Mount Morris 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. 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 Town of Mount Morris 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 of Mount Morris POTW; and
D. 
For the extension, enlargement, replacement of, and/or additions to the Town of Mount Morris POTW, including any necessary appurtenances.
A. 
The Town of Mount Morris 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 of Mount Morris 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. 
The Town of Mount Morris 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.