There is hereby established in the Village of Oakfield a system of sewer charges which shall be used for payment of the cost of management, maintenance, operation, repair of and amortization of the capital construction costs of the wastewater treatment system.
Unless otherwise stated herein, all charges shall be determined at least annually by the Village Board of Trustees by a resolution duly adopted by a majority of its membership.
The sewer charge shall be comprised of two components:
A. 
Operation and maintenance charge. An operation and maintenance charge shall be levied on all users of the wastewater treatment system. The operation and maintenance charge will result in the distribution of the cost of operation and maintenance, including equipment replacement of the wastewater treatment system, to each user in proportion to such user's contribution to the total wastewater loading of the treatment works as required by the Federal Water Pollution Control Act.[1] Each user's contribution shall be based on sewer use, in gallons, unless the discharge contains concentrations exceeding 250 mg/l of BOD and/or 300 mg/l of suspended solids, in which case a surcharge shall be levied to cover the additional operation and maintenance costs necessary to transport and treat these wastes. As a minimum for the first year of operation, operation and maintenance charges shall be computed based on the most recent average yearly water consumption data. Thereafter, the quarterly charges shall be based on the most recent annual water use.
(1) 
The rate of the operation and maintenance charge shall be as set from time to time by resolution of the Board of Trustees for each 1,000 gallons or fraction thereof of water consumed or estimated to be used. Additionally, there shall be a basic charge of per unit per quarter for each user and a debt service charge of per unit per quarter for each user, each to be as set from time to time by resolution of the Board of Trustees.
[Amended 3-10-1980 by L.L. No. 2-1980; 5-24-1982 by L.L. No. 2-1982; 6-13-1988 by L.L. No. 6-1988; 6-24-1991 by L.L. No. 3-1991; 6-23-1997 by L.L. No. 1-1997; 12-11-2006 by L.L. No. 3-2006; 7-14-2008 by L.L. No. 1-2008; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
B. 
An operation and maintenance surcharge shall be levied on all users discharging excessive compatible pollutants as defined in Subsection A above. This charge shall represent the proportionate share of the Village operation and maintenance costs based on wastewater flow and mass emission rate as required by the Federal Water Pollution Control Act. The surcharge shall become due and payable quarterly.
(1) 
The formula for the sewer surcharge shall be computed by the Department. The amount of the surcharge shall be the product of the surcharge factor and the established treatment charged. The general form for the determination shall be as follows:
SF = a (BOD - 250) + b (SS - 300)
250
300
Where:
SF
=
Surcharge factor
BOD
=
Milligram per liter of biochemical oxygen demand, as defined in § 208-1
SS
=
Milligrams per liter of suspended solids, as defined in § 208-1
a
=
Decimal portion of the total operation and maintenance cost to treat one pound of BOD, to be determined annually by the Department
b
=
Decimal portion of the total operation and maintenance cost to treat one pound of SS, to be determined annually by the Department
(2) 
If any of the values for BOD and SS, as determined by laboratory analysis, are less than 250 mg/l and 300 mg/l respectively, the factor for that pollutant shall be eliminated from the formula.
Example:
A commercial establishment discharges wastes into the public sewer system at the rate of 100,000 gallons per year.
The discharged wastes have been found to include the following concentrations of pollutants:
BOD = 450 mg/l
SS = 200 mg/l
Values for a and b are 0.2 and 0.3 respectively.
Normal sewer charge = 100,000 gallons x 156 
1,000 gallons
= $156 per year
SF = 0.2 (450 - 250) = 0.16
250
NOTE:
Factor for SS has been dropped because values are below normal limits.
Surcharge = 0.16 x $156 = $24.96
Total sewer charge = $156 + $24.96 = $180.96/year
A. 
The amount due each quarter for operation and maintenance, and operation and maintenance surcharge, may be stated on the regular water bill.
B. 
All sewer charges in Subsection A shall be due and payable at the same time water bills are due and payable.
C. 
Responsibility for payment of sewer charges is with the property owner. Payments may be made by tenants of a residential facility or an operator of an industrial or commercial facility.
D. 
A 10% penalty is added for nonpayment by the end of the month in which the bill is rendered. Any charge not paid shall be a lien upon the premises served and shall be collectible as provided by Article 11 of the Village Law.
Except as herein provided in this chapter, the sewer use shall be the total metered water use.
In the event the owner of a lot, parcel of land, building or other premises discharging wastewater into a sanitary sewer, either directly or indirectly, uses metered Village water in excess of 15,000 gallons per quarter year and claims a significant portion of the metered water does not return to the sanitary sewer, such owner shall file a written statement to that effect with the Department. Upon receipt of such statement, the Department may authorize the installation, at the owner's expense, of a separate meter or meters to measure the metered water returning to the sanitary sewer. If the installation of such a meter or meters is not practical, the Department shall determine a method of measuring the wastewater entering the sanitary sewer. In such cases, the sewer charges may be based on this determination.
In the event that the owner of a lot, parcel of land, building or other premises discharging wastewater to the sanitary sewer, either directly or indirectly, uses metered Village water and water other than metered Village water, or uses water other than metered Village water exclusively, the Department shall determine a method of measuring or estimating the wastewater discharge entering the sanitary sewer. In such cases, the sewer surcharge shall be based on this determination.
All expenses in connection with metering shall be charged to the owner of the land.