[Adopted 4-1-1981 by L.L. No. 3-1981 (Ch. 37A of the 1972 Code)]
The purpose of this article shall be to generate sufficient revenue to pay all costs for operation and maintenance (including replacement) for the Town's complete wastewater system. The costs shall be distributed to all users of the wastewater system in proportion to the contribution of each user class to the total loading of the treatment works. Factors such as strength (BOD and SS), volume and delivery flow rate characteristics shall be considered, using a BOD limit of 200 milligrams per liter and a SS limit of 300 milligrams per liter for industry and included as the basis for each industry's contribution to ensure a proportional distribution of operation and maintenance.
A. 
The Sanitary Superintendent of the Town of New Windsor, Town Comptroller or Town Engineer shall determine the total annual costs of operation and maintenance of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works were designed and constructed. The annual cost of operation and maintenance shall include but need not be limited to labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests and a reasonable contingency fund.
B. 
Operation and maintenance of the wastewater system charges (sewer charges) shall commence on the date that a permit has been issued by the Sanitary Superintendent or Town Clerk under Article V, General Sewer Regulations, of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Sanitary Superintendent of the Town of New Windsor or its Town Engineer shall assign the number of units of use to each user class on the following basis:
A. 
Users within the average residential user class, i.e., single-family residence, shall be assigned 10 units of use, based on the following parameters:
(1) 
Fifty gallons per capita per day.
[Amended 5-23-1984 by L.L. No. 3-1984]
(2) 
Three and five-tenths persons per home (single-family dwelling).
(3) 
Three and zero-tenths persons per apartment dwelling.
B. 
Sewer charges.
(1) 
The sewer use charge to be paid shall be determined from the following schedule:
[Amended 5-1-1985 by L.L. No. 4-1985; 6-7-1995 by L.L. No. 4-1995]
Classification
Units of Use
Single-family dwelling
10
Two-family dwelling
20
Apartment building (each individual apartment)
10
Mobile homes
10
Motels
First unit and office
20
Other units
Sleeping units
5
Efficiency units
7
Neighborhood commercial (office and small store, includes commercial/residential buildings, business on premises)
20
Per building
20
Extra toilet beyond 1
3
Extra wash basin beyond 1
2
Other drains (each)
2
Office/light industry, designed shopping, laundromats
Primary building
10, plus 10 additional units for each quantity of use equivalent to that of the average residential user
Extra toilets beyond 2
3
Extra wash basins beyond 2
2
Other drains (each)
2
Car wash
Extra points to be based on previous year's water consumption record, each 1,200 cubic feet
1
Institutions
Schools (each 100 pupils)
20
Churches (each 100 members, or fraction)
10
Membership (100 members, or fraction)
10
Nurseries and manufacturing in which a portion of water use is for off-premises consumption and that certain portion does not enter the Town's wastewater system
(Property owners shall install, at their own option and expense, a separate water line and meter to accommodate the nonwastewater stream usage. The portion of their total water usage as measured by this separate meter shall not be part of the equivalent use calculation of sewer points.)
Commercial properties using the Town sanitary sewer system to dispose of well water
(Property owners shall install, at their expense, a meter to measure well water usage and that usage shall be part of the equivalent use calculation of sewer points.)
(2) 
Industries shall be charged on the following basis. Ten units of use shall be assigned to industries for each quantity of use equivalent to that of the average residential user, plus a surcharge or credit as follows. Industries and establishments which discharge waste in strengths above the limits set forth will be required to pay a surcharge according to Formula I. Industries and establishments which discharge waste in strengths below the limits set forth will receive a credit according to Formula II.
[Amended 6-3-1981 by L.L. No. 5-1981; 5-20-1987 by L.L. No. 4-1987]
Formula I
8.34
=
Conversion factor
QB
=
Base cost of hydraulic load in dollars
BB
=
Base cost of BOD in dollars for a limit of 200 milligrams per liter
BI
=
BOD concentrations as measured in the plant influent (milligrams per liter)
BL
=
BOD base limit of 200 milligrams per liter
BS
=
Concentration of BOD above the limit of 200 milligrams per liter
BSC
=
BOD surcharge cost per pound
BR
=
BOD in pounds remaining above base distribution
BSP
=
BOD treatment cost remaining above base distribution
BC
=
Allocated cost for treating BOD per year
SSB
=
Base cost SS in dollars for 200 milligrams per liter limit
SSL
=
SS base limit of 200 milligrams per liter
SSI
=
SS concentration as measured in the plant influent
SSS
=
Concentration of SS above 200 milligrams per liter limit
SSSC
=
SS surcharge cost per pound
SSr
=
SS in pounds remaining above base distribution
SSSP
=
SS treatment cost remaining above base distribution
SSC
=
Allocated cost for treating SS per year
Qu
=
Flow per year of individual user
Qt
=
Total flow per year measured at plant
CB
=
Cost in dollars per user unit
CI
=
Cost in dollars per year per industry
CI
=
CBQu + 8.34 (SSS x SSSC + BS BSC) Qu
CB
=
QB + BB + SSB
         Qt
Where, to determine base cost of BOD:
BB
=
BL x BC
     BI
SSB
=
SSL x SSC
    SSI
BSC
=
BSP
BR
BSP
=
BC - BD
BR
=
(BI - BL) x 8.34 x Qt
SSSC
=
SSSP
SSr
SSSP
=
SSC - SSB
and
SSr
=
SSI - SSL x 8.34 x Qt
Formula II
8.34
=
Conversion factor
QB
=
Base cost of hydraulic load in dollars
BB
=
Base cost of BOD in dollars for a limit of 200 milligrams per liter
BI
=
BOD concentrations as measured in the plant influent (milligrams per liter)
BL
=
BOD base limit of 100 milligrams per liter
BS
=
BOD base limit of 100 milligrams per liter minus the pretreated BOD concentration in milligrams per liter; however, at no time shall the pretreated BOD value for use in this formula be less than 30 milligrams per liter
BSC
=
BOD cost credit per pound
BR
=
BOD in pounds remaining above base distribution
BSP
=
BOD treatment cost remaining above base distribution
BC
=
Allocated cost for treating BOD per year
SSB
=
Base cost of SS in dollars for limit of 200 milligrams per liter
SSL
=
SS base limit of 100 milligrams per liter
SSI
=
SS concentration as measured in the plant influent
SSS*
=
SSL base limit of 100 milligrams per liter minus the pretreated SS concentration in milligrams per liter; however, at no time shall the pretreated SS value for use in this formula be less than 30 milligrams per liter
SSSC
=
SS cost credit per pound
SSr
=
SS in pounds remaining above base distribution
SSSP
=
SS treatment cost remaining above base distribution
SSC
=
Allocated cost for treating SS per year
Qu
=
Flow per year of individual user
Qt
=
Total flow per year measured at plant
CB
=
Cost in dollars per user unit
CI
=
Cost in dollars per year per industry
CI
=
CBQu + 8.34 (SSS x SSSC + BS x BSC) Qu
CB
=
QB + BB + SSB
         Qt
Where, to determine base cost of BOD:
BB
=
BL x BC
   BI
SSB
=
SSL x SSC
     SSI
BSC
=
BSP
BR
BSP
=
BC — BB
BR
=
(BI — BL) x 8.34 x Qt
SSSC
=
SSSP
 SSr
SSSP
=
SSC — SSB
and
SSr
=
SSI — SSL x 8.34 x Qt
*Note: Thirty milligrams per liter value based on average monthly BOD 5 and TSS effluent discharge limitations established in the Town of New Windsor's New York State Department of Environmental Conservation State Pollutant Discharge Elimination System permit. This value is subject to change as the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System permit is changed.
Each user will be notified at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which is attributable to wastewater treatment services. (Note: To be in compliance with the 40 CFR 35 regulation, the charge for operation and maintenance must be a separate item on the bill from other charges such as debt service, etc.)
The discharge of any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems or to injure or interfere with any sewage treatment process constituting a hazard in or having an adverse affect on the waters receiving any discharge from the treatment works is hereby prohibited. (Article VI of this chapter contains additional requirements covering the use of the public sewers.)
This system of service charges shall take precedence over any terms or conditions of agreements or contracts between the grantee and users (including industrial users, special districts, other municipalities or state and federal agencies or installations) which are inconsistent with Section 204(b)(1)(A) of the Clean Water Act (33 U.S.C. § 1251 et seq., as amended) or the 40 CFR 35 rules and regulations.
The Town Board, upon petition, may review individual conditions and set a rate which, in the judgment of the Town Board, reflects benefits received.
[Added 5-23-1984 by L.L. No. 3-1984]
A. 
Sewer bills for sewer rent will be issued on the following dates: March 1, June 1, September 1 and December 1.
B. 
Payment in full shall be made to the Town of New Windsor no later than 30 days after the date the bill was issued.
[Added 5-23-1984 by L.L. No. 3-1984]
In the event that a sewer rent bill is not paid within the time set forth in § 240-29 above, a penalty of 5% on the original balance every 30 days shall be levied, and this sum shall be paid with the payment of the sewer rent bill. In no event will payment of the sewer rent bill be accepted by the Town of New Windsor without payment of the penalty.