A.
A system of sewer charges is hereby established for all
users of the Town Sanitary Sewer District No. 1 wastewater treatment system.
Such charges shall include a sewer rent and an industrial surcharge as hereinafter
defined. The Town shall review the wastewater contributions, total costs of
operation and maintenance and facilities charges at least every two years,
which review will be performed as part of the annual Town budget review.
B.
Except as provided in §§ 311-47 and 311-48 of this article, Sanitary Sewer District No. 1 sewer rent shall be levied on all users of the Sanitary Sewer District No. 1 wastewater treatment system. The amount of such rent shall be based on a user's sewer use and charged at the rate equal to 2.0 times the village rate in effect plus such additional charges as are required for the operation and maintenance of Sanitary Sewer District No. 1, subject to such minimum charge as may be established by the Town Board of the Town of Newstead by resolution from time to time per quarter for all users. This charge shall cover the total costs (with the exception of industrial surcharge related costs) necessary to properly maintain the wastewater treatment system. These costs include village and Town costs for management, maintenance, operation, repair of and amortization of the capital construction costs of the wastewater treatment system with the exception of any capital costs that are amortized by other means, such as residential collector sewers. The included charge for operation and maintenance will result in the distribution of the cost of operation and maintenance, including the creation of a reserve fund for the replacement of equipment for 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 Act. The cost of operation and maintenance for all extraneous infiltration (i.e., groundwater) and inflow (i.e., rainwater) into the treatment system shall be distributed evenly among all the users of the system based on proportionate sewer use.
[Amended 4-24-1997 by L.L. No. 1-1997]
C.
An industrial operation and maintenance surcharge shall be levied on all industrial users discharging excessive compatible pollutants as defined in Article IV. The rate of charge for these constituents shall be determined initially when such charges become necessary. This charge shall represent the proportionate share of the operation and maintenance costs, as billed by the village and Town costs, based on wastewater flow and mass emission rate as required by the Act. In the case that any user discharges toxic pollutants into the wastewater treatment system and said pollutants damage the system or increase the cost of managing the sludge, this user shall pay for these increased costs for managing the sludge and shall also pay the total cost of the repairs to the Town and village wastewater treatment systems.
(1)
The industrial operation and maintenance surcharge will
generally be based on pounds discharged, which will be determined as described
below; however, if unique or special circumstances are encountered, other
units of measure may be used by the Sewer Administrator. These shall be derived
so as to approximate an equitable share of the applicable costs to the user.
(2)
The excess pounds of biochemical oxygen demand (BOD), suspended solids, free ammonia, chlorine requirements and any other wastewater characteristics found to have a significant impact on the operation of the wastewater treatment system shall be computed by multiplying the user's wastewater volume in million gallons per day by the constant 8.345 and then multiplying this product by the difference between the user's actual concentrations of biochemical oxygen demand (BOD), suspended solids, free ammonia and chlorine requirements and the nonexcessive concentration in mg/l by weight. The surcharge for each constituent will then be determined by multiplying the excess pounds of each constituent by the appropriate rate of surcharge discussed below. This product will then be multiplied by the number of days in the billing period to determine the surcharge. Concentration figures in the above calculations shall be daily averages determined in accordance with the provisions of Article VI.
(3)
Rates of surcharge. The rate of surcharge for each of
the excessive compatible constituents listed below shall be the rate in effect
at the time as established by law by the Town Board. The Town may add additional
compatible pollutants to this list if requested by the village and approved
by the applicable review agencies and if in accordance with the Act.
A.
The amount due each quarter for the sewer rent and the
industrial operation and maintenance surcharge shall be stated on the regular
water bill as a separate identifiable line item charge that indicates the
rate (cost per 1,000 gallons of sewer use) and total sewer rent.
B.
All quarterly sewer charges provided for in Subsection A above shall be due and payable at the same time water bills are due and payable.
C.
An owner shall be responsible for payment of sewer rent
charges and any other fees provided for in this chapter and incurred by any
user in connection with the premises of such owner.
D.
A ten-percent penalty shall be added for nonpayment by
the end of the month in which the bill is rendered, except in such a case
as when the last day of the payment period falls on Saturday, Sunday or a
legal holiday, in which case bills paid or postmarked on the first business
day following thereafter will be accepted without penalty. All delinquent
bills and penalties unpaid on October 15 of each year shall be added to the
state, Town and county tax bill of the property on which the charge was incurred.
If a customer becomes more than two quarters delinquent, the district has
the right to disconnect the sewer until the back payments are made. If the
sewer is disconnected for nonpayment, there will be a charge to reconnect
the sewer back on during the normal workday hours or to have the sewer reconnected
on other than normal work hours (holidays, weekends or weekday nights). The
cost will be that of the actual cost to the district for the employee responding
to the reconnection request.
Except as herein provided in this article, the sewer use shall be the
total water use.
In the event that a user claims a significant portion of its metered water does not return to the sanitary sewer, such user shall file a written statement to that effect with the Sewer Administrator. Upon receipt of such statement, the Sewer Administrator may, by written agreement with such user, subject to review and approval by the Village Superintendent, equitably adjust the rent provided for in § 311-44 of this article to take into account the amount of such metered water not returning to the sanitary sewer, to the extent that such amount is not typical of other users similarly situated. In the alternative, the Sewer Administrator may require the installation, at the user's expense, of a separate meter or meters to measure the metered water returning to the sanitary sewer. In the event that such a meter is installed, the sewer rent provided for in § 311-44 shall be reduced by the amount of water not discharged into the sewer, to the extent that, in the judgment of the Sewer Administrator, such amount is not typical of other users similarly situated.
In the event that a user uses metered Town water and water other than
metered Town water or uses water other than metered Town water exclusively,
the Sewer Administrator shall estimate the wastewater entering the sanitary
sewer by comparison, to the extent practicable, with similarly metered users
of the system, subject to review and approval of the Village Superintendent.
All expenses in connection with metering shall be charged to the user.
