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Town of Clifton Park, NY
Saratoga County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
A. 
The sewage service charge of each sewer district shall be set by the Town Board on a benefit basis as fairly as possible, in proportion to wastewater generation and capacity needs among all properties within the district.
B. 
The annual cost of sewer service for properties within the service area of the Town sewer district will consist of two components: the debt service on the capital costs, and the annual cost to operate and maintain the sewer collection system and the treatment plant as follows:
(1) 
Operation and maintenance charge. All properties within the service area boundary discharging or depositing sewage into the public sewers shall pay a sewer service charge, which charge shall be collected as a sewer rent.
(2) 
Capital project debt service charge. All properties within the legal boundaries of the sewer district shall pay a capital project debt service charge.
C. 
The Town Board shall prepare a sewer budget in accordance with Town Law that will specify the operation and maintenance costs and debt service charges proposed for the succeeding budget year. In accordance with Town Law, sewer rolls for each sewer district will be prepared and adopted by the Town Board annually.
All persons discharging or depositing wastes with concentrations in excess of the pollutant concentrations in normal sewage shall pay a surcharge according to the following formula:
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
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 POTW treatment plant
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
NOTES:
1.
If any difference terms in the equation above are negative, then that portion of the equation shall not be used; that is, the difference shall be set to zero when it is negative.
2.
All averages are arithmetic averages determined from available data during the billing period.
A. 
A permit will be required from the DR prior to the commencement of any new work or modification to any component of the POTW under the ownership or jurisdiction of the Town of Clifton Park.
B. 
The following permit(s) and fee(s) are hereby established:
(1) 
Permit fee. The fee set by the Town Board to cover the cost of lateral permit review, administration, and field inspection of the building lateral installation to insure conformance with this Sewer Use Law. The Town Board hereby sets the permit fee at $50 per lateral.
(2) 
Connection fee. The Town Board hereby establishes a hook-up fee in the amount of $1,000 per lateral, which will be charged to all new users of the sewer system to recover funds invested by the sewer district to provide the original infrastructure and capacity.
C. 
The Town Board reserves the right to deny new connection(s) to the sewer district if such connections would be detrimental to the proper operation of the POTW.
A. 
The billing period for operation and maintenance charges described in § 169-101B(1) of this article shall be annually for all users.
B. 
The billing period for capital project debt service charges described in § 169-101B(2) of this article shall be annually.
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 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 X of this chapter relating to the collection of penalties shall apply to the collection of sewer service charges and abnormal sewage service surcharges, unless where otherwise provided by application of the Sewer Rent Law by the Town.
The POTW shall be operated on the basis of a fiscal year commencing on the first day of January and ending on the thirty-first 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 the sewer fund. These funds 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 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 POTW; and
D. 
For the extension, enlargement, replacement of, and/or additions to the Town POTW, including any necessary appurtenances.
[Added 12-12-2005 by L.L. No. 11-2005]
The scale of sewer user charges shall use the following criteria:
A. 
A "user" is defined as any piece of land upon which a building or buildings stand and that is connected to an interceptor, trunk or collector sewer served by the district.
B. 
The annual cost of debt service, administration, operation and maintenance for the district's treatment facilities will be generally allocated to all users.
C. 
The annual cost of debt service and operation and maintenance associated with the interceptor sewer will be generally allocated to all users connected to and/or discharging into the system.
D. 
A "connection unit" is defined as a single-family dwelling unit. Units include, but are not limited to, a single-family house, each apartment unit (e.g., an apartment building with six apartments is six units), each half of a duplex, a cottage, a camp, a mobile home, and each unit of a condominium or townhouse. A "unit" as used for billing purposes will be 200 gallons per day of sewer discharge, or any portion thereof. No user will be rated at less than one unit. Users will be rated in terms of whole connection units. Each tenant with sanitary facilities within a commercial complex will be defined as an "individual user."
E. 
Schedule; rate table for high annual sewer flows.
(1) 
For all users, including single-family dwelling units, equivalent connection units (ecu) will be determined based on the following schedule, which accommodates peak demand and potential flow needs:
(a) 
User and collector charges:
[1] 
Single parcel:
[a] 
Vacant: no charge unless a lateral was requested and installed; if a lateral is installed, a collector fee shall be charged for each lateral.
[b] 
Occupied:
[i] 
Single building:
[A] 
Single dwelling: one user, one collector if applicable.
[B] 
Multiple dwelling: one user for each single-family unit; one collector for each unit.
[ii] 
Multiple buildings:
[A] 
One user unit for each dwelling, minimum of one unit; one collector for each unit.
[B] 
Multiple buildings will be treated as one collector for each unit.
[iii] 
Trailer parks: one user for each trailer.
[iv] 
Commercial: one collector for each user.
[2] 
Apartments.
[a] 
On trunks: one collector for each unit.
[b] 
On collectors: one collector for each unit.
(b) 
Commercial users:
[1] 
"Restroom" is defined as one toilet, sink and/or urinal, to be adjusted proportionately for additional facilities.
[2] 
Commercial, nonfood:
[a] 
User: 400 GPD/restroom, or 0.1 GPD/square foot, whichever is greater.
[b] 
Collector: one collector per each user.
[3] 
Other commercial, food/gas, etc. (e.g., convenience store), user: two per restroom, or 0.1 GPD/square foot, whichever is greater.
[4] 
Miscellaneous users.
User
Gallons Per Day
(GPD)
Beauty shop/barbershop (per chair), plus 2 units for sanitary facilities
100
Bowling alley (per lane, no food)
75
Plus restaurant facility (see below)
Camps, day (per person)
15 to 20
Resort
65 to 75
Country club (per member)
25
Hotels/motels (per room):
No kitchen
120
With kitchen
150
Plus dining facilities (see below)
Day worker (per shift)
15 to 35
Dental office: apply Subsection E(1)(b)[1] above
Hospital (per bed)
250 to 350
Institutions other than hospitals (per bed)
125
Bed-and-breakfast, 2 units per bathroom
400
Schools
Day (per student)/day care (per adult and child)
10
Cafeteria, add
10
Showers, add
5
Boarding (per student)
100
Service station (per restroom)
400
Self-service laundry (per machine)
400
Shopping center, 1 collector per each user
.05 per square foot
Plus restaurant, see below
Swimming pool/beach with bathhouse (per person)
10
Theater
Indoor (per seat)
3
Drive-in (per car space)
5
Public assembly (per person)
3 to 10
Car wash (per bay)
400
Campground (per site) with facilities
100
Food service:
Ordinary restaurant (per seat) [NOTE: This assumes a minimum of 7 GPD per person and turnover of 5 times per day per seat.]
35
Twenty-four-hour restaurant (per seat)
50
Restaurant on freeway (per seat)
70
Tavern (little food service) (per seat)
20
Curb service (per car space)
50
Catering/banquet facilities, (per seat)
20
Carryout food service (minimum of 3 users)
Office building, or 2 units per restroom, whichever is more,
0.1 per square foot
Warehouse: storage floor space only
.02 per square foot
[5] 
For all commercial users: Where actual sewer flow is measured, that flow (one year's record data) shall be used for determining an ecu count with adjustments for discharge strength and content.
(2) 
For users generating higher annual sewer flows than in the above schedule, the following rate table applies:
Consumption
(gallons)
Connection Units
Up to 112,500
1
112,501 to 187,500
2
187,501 to 262,500
3
262,501 to 337,500
4
337,501 to 412,500
5
Each additional 75,000 gallons or any part thereof
1
F. 
Wastewater from wet processing and other operations is subject to the restrictions, prohibitions and surcharges outlined in the district's rules and regulations covering the discharge of sewage, industrial waste and other waste into the sewer system.
G. 
All costs of the district's pretreatment and spill response program including, but not limited to, laboratory testing, labor, equipment, materials, consultants and subconsultants, contractors and subcontractors, and fines, shall be reimbursed by the individual or user.
H. 
Users of collection sewers turned over to the district will be charged at the same rate as the parent district, except that users of the turned over system shall be responsible for its own existing debt, if any, until it is retired.