All persons discharging or depositing wastes into the public
sewers, whether being district or out-of-district users, shall pay
a sewer service charge as set by the Town, by resolution, from time
to time using such methodology as the Town deems appropriate for the
particular sewer improvement area or district.
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.
Where the sewer charge is based on 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 Water District. 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 quarterly for all users.
If applicable to a user, 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;
C. Monitoring, inspections, and surveillance procedures;
D. Costs of equipment and supplies;
E. Reviewing accidental discharge procedures;
F. Construction inspections;
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 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 Article
XI of this chapter relating to the collection of penalties shall apply to the collection of all charges hereunder.
The POTW 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 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 for each sewer
improvement area or district and separate from any other such area
or district. 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 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 POTW;
D. For the extension, enlargement, replacement of, and/or additions
to the POTW, including any necessary appurtenances.