Village of Skaneateles, NY Use of Sewers

Budget and appropriation. The District Director shall annually prepare an estimate of anticipated costs for each category of user charge, as outlined hereafter, for the forthcoming fiscal year. These estimates shall be made in the form of a rate local law and shall be proposed to the Village Board of Trustees or the District for enactment by June 1 of each year.

Operation and maintenance charges.

Operation and maintenance costs shall be separated in accordance with their applicability to flow, BOD, TSS, toxics, and nontoxic sampling/analysis. The percentage breakdown shall be reviewed each year by the District Director and approved by the Village Board of Trustees.

Operation and maintenance costs for flow, BOD, and TSS are totalled for each. The unit charges for each are obtained by dividing the total costs by the previous year's total billable flow in 100 cubic feet, billable pounds of BOD, and billable pounds of TSS. To determine the toxics unit charge, the total cost attributable to all the toxics shall be divided by the total number of toxics assigned to be monitored by the District for all industries monitoring for toxics. The monitoring unit charge is obtained by dividing the total nontoxic sampling/analysis costs for all classes of industrial users by the number of industrial users in user class times the number of samplings/analyses per year for that user class.

Should all users of the system be domestic level users or equivalent thereto, operation and maintenance costs will not be segregated as heretofore provided but shall be prorated based solely on flow to determine the operation and maintenance unit charge.

Replacement charges.

The replacement charge shall be sufficient to replace any equipment in the sewers or sewage works owned by the Village of Skaneateles Sewerage District, as required, in order to assure the continued peak performance of the equipment and to maintain the capacity for which the sewers and sewage works were designed and constructed. Operation and maintenance costs shall be separated in accordance with their applicability to flow, BOD, TSS, toxics and nontoxic sampling/analysis, except as provided for in Subsection B(2)(c). The service life for real and personal property shall be established by the Village Engineer in cooperation with the District auditors, in accordance with experience of the Village of Skaneateles Sewerage District, federal guidelines, and accepted accounting procedures. Each piece of equipment shall be evaluated annually to determine if its useful life has been extended as a result of preventative maintenance programs or repairs.

Yearly replacement costs for each piece of equipment shall be separated in accordance with their applicability to flow, BOD, and TSS, except as provided for in Subsection B(3)(d). This breakdown shall be reviewed annually by the Village Engineer and approved by the Village Board of Trustees.

The yearly replacement costs attributable to flow, BOD, and TSS shall be divided by the previous year's total billable flow in 100 cubic feet, billable pounds of BOD, and billable pounds of TSS, respectively, and totalled to obtain unit replacement charges.

Should all users of the system be domestic level users or equivalent thereto, replacement costs will not be segregated as heretofore provided but shall be prorated based solely on flow to determine the unit replacement charge.

Toxics charges. For each user discharging toxics, the unit charge for toxics described in Subsection B(2)(b) of this section shall be multiplied by the number of toxics assigned to be monitored by the Village of Skaneateles Sewerage District.

Handling and sampling charges. A unit handling charge per bill to cover the cost of billing and collection shall be assessed against each user. The total administrative and overhead costs associated with billing and collection shall be determined by the Village Clerk/Treasurer. To determine the charge to be assessed against each user, the Village Clerk/Treasurer will divide the total administrative and overhead costs by the forthcoming year's estimated total number of bills to be issued. Industrial users shall be charged an additional amount to cover the cost of wastewater monitoring, proportionate to the number of times per year their user class is sampled. This additional amount shall be determined as described in Subsection B(2)(b) of this section.

Additional charges. Additional charges shall be billed, as required, for the following:

Actual costs incurred for user-requested samplings and analyses.

Actual costs incurred for water meter inspection requested by the user or as required because of improper maintenance.

Actual costs incurred for special handling not provided for elsewhere in this article.

Actual costs incurred for handling a user's check returned because of insufficient funds.

Costs for administering the industrial cost recovery system.

Industrial cost recovery system.

Unit charges. The federal grant funds allocated to the Village of Skaneateles Sewerage District under Public Law 92-500, as amended, shall be apportioned to each piece of real and personal property constructed under the grant funds. The grant funds for each piece of property shall be further apportioned to flow, BOD, and TSS and divided, respectively, by the sewage works' design flow in 100 cubic feet, pounds of BOD, and pounds of TSS at the completion of construction under the grant to determine the unit charge attributed to flow, BOD, and TSS for each piece of property. The unit charges so determined shall be reviewed annually by the Village Engineer and approved by the Village Board of Trustees.

Industrial cost recovery charges. Unit charges attributed to flow, BOD, and TSS for each piece of property shall be totalled for flow, BOD, and TSS to determine the industrial cost recovery unit charge for each. These industrial cost recovery unit charges shall be levied on each industrial user's actual discharge flow, actual BOD, and actual TSS, minus an allowance in each for flow, BOD, and TSS for the user's employees' domestic waste load. The user's employees' domestic waste load is considered a discharge per capita of 100 gallons per day at a loading of 200 milligrams per liter of TSS, unless an industrial user can sustain other values.

Industrial cost recovery period. The industrial cost recovery period shall be equal to 30 years or to the useful life of the treatment works, whichever is less, with no charges for interest on the principal except as provided for under § 167-37B of this article for late payment or nonpayment of bills.

Upgrading and expansion.

If the treatment works are upgraded, each existing industrial user's share shall be adjusted proportionately.

If the treatment works are expanded, each industrial user's share shall be adjusted proportionately, except that a user with reserved capacity shall incur no additional industrial cost recovery charges unless the user's actual use exceeded its reserved capacity.

Appeal. Procedures for appellate review:

The Village Board of Trustees shall act as a Board of Review which will review the amount of any charge or assessment for industrial and commercial users and residential users which has been assessed by the Village Clerk/Treasurer.

Any industrial or commercial or residential user who or which believes that the amount of the assessment or charge assessed is improper shall petition the Village Board of Trustees for review by submitting his or its petition with the Village Clerk/Treasurer.

The Board of Trustees shall hold a public hearing on every appeal and application made to it upon public notice published in the official newspaper designated for that purpose at least 10 days before the date of such hearing. The cost of such notice or notices shall be borne by the appellant or applicant as the case may be.

All appeals to the Board of Trustees shall be in writing on forms prescribed by the Board. Each shall specify the amount of charge involved and the grounds upon which the charge is believed to be inaccurate.

The Village Board of Trustees shall render a decision after a public hearing by resolution with the vote thereon set forth in writing and the findings of the Board on which its decision is based within 10 days.

(f)

A certified copy of such resolution shall be filed within 20 days after it adoption with the Village Clerk/Treasurer and shall be mailed by registered mail to the applicant.

Wastewater treatment charges.

All users. The basic wastewater treatment bill to be paid by all users shall consist of user charges for operation, maintenance, and replacement, using the unit charges from Subsection B(2) and (3) of this section, and user charges for billing and collection as described in Subsection B(5) of this section. The unit charges shall be applied to the user's billable flow, BOD, and TSS, respectively, except as provided for in Subsection B(2)(c) and (3)(d).

Nonuser flows. The cost of operation and maintenance for all flow not directly attributable to users (i.e., infiltration/inflow) shall be distributed along all users based on the flow volume contributed by each user.

Industrial and commercial users.

In addition to the basic wastewater treatment bill described in Subsection D(1) for the user charge system, wastewater treatment bills for industrial and commercial users shall consist of industrial waste monitoring charges as described in Subsection B(5), industrial cost recovery charges as described in Subsection C, if applicable, and charges for toxics for each user discharging toxics, as described in Subsection B(4).

The District shall periodically sample and analyze wastes from selected users in each industrial and commercial user classification to determine the BOD and TSS strengths of the wastes, and these results shall be used as representative of wastes from all users in that classification for billing purposes unless the user's waste is classified by the Village Engineer as having special problems. The user shall, if directed by the District Director, install, at the industry's own cost and in a structure located on the building service line, whatever sampling devices are required by the Village Engineer to obtain exact information about the waste.

Additional charges. Additional charges as described in Subsection B(6) shall, if required, be listed on the wastewater treatment bill.

Wastewater treatment bill.

Bill period. A bill shall be produced and submitted to each user once every quarter on a billing cycle established by the Village. The form of the bill is attached to this article and identified as Exhibit A.[1]

Editor's Note: Exhibit A is on file at the office of the Village Clerk/Treasurer.

Payment of bill and discount. A five-percent discount, on only the user charge portion of the wastewater treatment bill, shall be given for receipt of payment within 15 days of the date of billing. After the fifteen-day limit the bill shall be due in full, taking into consideration a grace period to cover handling time by the collecting agent.

Delinquent bills.

Any bill not paid four weeks after date of billing shall be declared delinquent and a past due notice issued to the billed party. The form of the past due bill is attached to this article and identified as Exhibit B.[2] The past due notice shall contain an additional handling charge to offset all costs incurred for generating and issuing the past due notice. Additional past due notices containing their respective handling charges shall be issued, if necessary, eight weeks and 12 weeks after date of billing.

[2]

Editor's Note: Exhibit B is on file at the office of the Village Clerk/Treasurer.

Should a bill still be delinquent 120 days after the date of billing, the bill shall be referred to the Attorney for the Village for collection under the terms and conditions of § 167-37B of this article.

Nonreceipt of any bill described in Subsection D of this section shall not release the user from liability for any of those charges. In any case where the user is responsible for the nonreceipt of the bill, the conditions herein described for late payment and penalties shall apply. In those instances where the Village of Skaneateles Sewerage District is responsible for the nonreceipt of the bill, the District may, at its discretion, grant the user an extension of the discount period and late payment conditions described herein.

Debt service. General tax revenues shall continue to be collected for general obligation bond principal and interest payments and for public benefit funds and for any other purpose provided by law not related to the operation, maintenance, and replacement of the waste treatment works.

§ 167-34 Accounting.

User charges.

Moneys. All user charge moneys shall be placed in the sewer account fund. Such moneys shall be used only to cover the costs of operation and maintenance, replacement, toxics, handling and sampling, and other costs as outlined in § 167-33B of this article.

Expenditures. Expenditures shall be made from the user charge moneys by the Village Clerk/Treasurer in accordance with the detailed annual budget and local laws authorized by the Village Board of Trustees.

Replacement reserve expenditures. Expenditures from the accrued replacement reserve on facilities shall be for making renewals to accommodate wear of physical elements and/or movable property that would result in an extended useful life or meet the anticipated useful life.

Renewals. Renewals to accommodate wear of physical elements and/or movable property shall be capital expenditures that cause the annual estimate for accrued reserves from depreciation and replacement to be evaluated in terms of extended useful life as a result of preventive maintenance programs or of such renewals. The expenditures to overcome physical and/or functional obsolescence shall be capitalized against the element of the facility and charged to the fixed assets groups of accounts as an improvement to such element. Future estimates of accrued reserve requirements shall be evaluated and reflected in the replacement reserve requirements.[1]

Editor's Note: Original § 3.01(e), Audit, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Industrial cost recovery charges.

Moneys. All industrial cost recovery moneys shall be placed in the Industrial Cost Recovery Fund.

Disposition of moneys. Fifty percent of the moneys collected during the year and certified by the auditors for the District as industrial cost recovery moneys, together with the interest accrued thereon, shall be returned to the United States Treasury on an annual basis. A minimum of 80% of the retained amounts (40% of the total), together with the interest accrued thereon, shall be placed in an account, and pending use these funds shall be invested only in obligations of the United States government or in obligations guaranteed as to the principal and interest by the United States government or any agency thereof. Moneys from this account shall be expended only on expansion or reconstruction of the District's collection and treatment works. The EPA Regional Administrator must approve any expenditure from this account. The remaining 20% of the retained amounts (10% of the total) shall be used for any purpose, excepting for constructing industrial pretreatment facilities or for rebates to industrial users, as directed by the Village Board of Trustees, but the expenditure of this money shall not affect the proportionality of the user charge.

§ 167-35 Sewage collection and treatment regulations.

Conditions for discharge into treatment system.

Public wastewater collection facilities are required to be used for the deposit of human wastes, garbage, or other liquid wastes that cannot be discharged into a receiving stream or disposed of in any other manner in accordance with federal and state statutes and state administrative regulations and approved by the New York State Department of Environmental Conservation.

No building or facility shall be connected to any sewer unless the entire property on which the building or facility is situated is located within the corporate limits of the Village of Skaneateles except as provided in Subsection E of this section.

No person shall place, deposit, or discharge, or cause to be placed, deposited, or discharged, upon public or privately owned property, any wastewaters within the corporate limits of the District unless done so within adequately sized holding facilities approved by all applicable federal, state and local agencies.

No person shall deposit or discharge, or cause to be deposited or discharged, to any wastewater collection facilities, any solid, liquid, or gaseous waste unless through a connection approved under the terms of this article.

No person shall discharge any sewage, waste or material, industrial waste, or any polluted water into a stream or in the air or onto the land, except where the person has made and provided for treatment of such wastes which will render the content of such wastes discharged in accordance with applicable District, state, and federal laws, ordinances, and regulations.

In case of natural outlet discharges, at the time construction of the waste treatment works is commenced, each owner or operator shall furnish the District an approved New York State Pollutant Discharge Elimination System (SPDES) permit or a National Pollutant Discharge Elimination System (NPDES) permit setting forth the effluent limits to be achieved by such pretreatment facilities and a schedule for achieving compliance with such limits by the required date. The SPDES/NPDES permit shall be kept on file with the Village Clerk/Treasurer and updated by such information as periodically required by the District and local, state and/or federal agencies.

Any person owning property within the corporate limits of the Village of Skaneateles, and which property is improved with one or more residences, houses, buildings, or structures for or intended for human use, occupancy, employment, or any other similar purpose whatever, and which property abuts on any street, alley, or right-of-way in which there is located a sewer within 100 feet from the nearest property line, shall, within 90 days after such sewer is in service, at his expense, install suitable toilet and waste disposal facilities in the residences, houses, buildings or structures and connect the facilities with the sewer in accordance with the terms and provisions of this article; provided, however, that in the event compliance with this subsection causes economic hardship to the person, he may apply to the District for exemption. An application for exemption shall state in detail the circumstances which are claimed to cause the economic hardship. Exemptions shall only be granted to residential users and shall not apply to commercial and industrial users. Any connection to the sewer under this article shall be made only if the District determines that there is capacity, including BOD and TSS capacity, available in all downstream sewer lift stations and sewer lines and in the treatment plant.

Persons described in Subsection A(5) through (7) of this section shall not avoid connection to the sewer by reason of the actual distance between the building or structure and the connecting point of the sewer line.

Limitations on discharge.

No person shall discharge or cause to be discharged any stormwater, foundation drainwater, groundwater, roof runoff, surface drainage or unpolluted industrial cooling waters to any sewer connected to the District's waste treatment plant.

Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following material to any sewer connected to the District's treatment plant:

Any liquid or vapor having a temperature exceeding 150º F. (65º C.) or less if the temperature in combination with other conditions would create damaging or adverse effects on the collection system or treatment process or prevent compliance with regulations pertaining to the treatment standards.

Any waters or wastes which may contain more than 100 parts per million by weight of fat, oil, grease, or hexane extractable material.

Any wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.

Gasoline, benzene, naphtha, fuel oil, or other combustible, flammable, or explosive liquid, solid, or gas of whatsoever kind or nature.

Any garbage that has not been properly shredded.

(f)

Any gases, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.

(g)

Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive properties capable of causing damage or hazard to sewers, structures, equipment or personnel of the waste treatment works.

(h)

Any slug as defined in § 167-38 of this article.

(i)

Any waters or waste containing any toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, or that would constitute a hazard to humans or animals, or that could create any hazard in the receiving waters of the sewage treatment plant.

(j)

Any waters or wastes containing BOD or suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant, except as may be permitted by specific, written agreement with the District, which agreement may provide for special charges, payments, or provisions for treating and testing equipment.

(k)

Any noxious or malodorous gas or substance capable of creating a public nuisance.

(l)

Any amount of the following constituents exceeding that listed below:

	Arsenic	.025 mg/l
	Boron	1.0 mg/l
	Cadmium	0.3 mg/l
	Chlorides	500.0 mg/l
	Chromium (Total)	3.0 mg/l
	Chromium (Hexavalent)	0.2 mg/l
	Copper	0.8 mg/l
	Cyanide	0.2 mg/l
	Iron, Total	10.0 mg/l
	Lead	0.2
	Manganese	1.0 mg/l
	Mercury	0.0005 mg/l
	Nickel	0.5 mg/l
	Phenols	0.3 mg/l
	Silver	0.1 mg/l
	Total Dissolved Solids	1500.0 mg/l
	Zinc	0.5 mg/l

(m)

Ammonia nitrogen in such an amount that would cause the District to be in noncompliance with regulations of the New York State Department of Environmental Conservation.

No provision of this Subsection B shall be construed to provide lesser discharge standards than are presently or may hereafter be imposed and required by the United States Environmental Protection Agency or the New York State Department of Environmental Conservation.

Pretreatment.

Grease, oil, and sand interceptors or retainers shall be installed by the user at its own expense when, in the opinion of the Village Engineer, such are necessary for the proper handling of liquid wastes containing grease, oils, or sand in excessive amounts, of any inflammable wastes, and of such other harmful ingredients. Such interceptors shall be of a type and capacity approved by the Village Engineer and shall be located as to be readily and easily accessible for cleaning by the user and for inspection by the Village Engineer or any duly authorized employee or agent of the Village.

[Amended 8-12-1991 by L.L. No. 3-1991]

Where installed, all grease, oil, and sand interceptors shall be maintained by the user, at its own expense, and shall be kept in continuous and efficient operation at all times.

In the event the District approves the admission of any materials into its sewers as set forth in Subsection B(2) of this section, the District shall direct the user causing admission of any such materials to, at its own expense, construct, install, and operate such preliminary treatment plants and facilities as may be required in order to:

Reduce the BOD to 300 parts per million and the suspended solids to 350 parts per million per weight.

Reduce objectionable characteristics or constituents to within the maximum limits provided for in Subsection B(2) of this section.

Control the quantities and rates of discharge of such waters or wastes in accordance with the requirements of the Village Engineer so as not to exceed the capacity of the collection system or treatment works or cause process upsets.

No preliminary treatment plant and facility shall be constructed or operated unless all plans, specifications, technical operating data, and other information pertinent to its proposed operation and maintenance shall conform to all District, United States Environmental Protection Agency, New York State Department of Environmental Conservation, and any other local, state, or federal agency regulations and unless written approval of the plans, specifications, technical operating data, and sludge disposal has been obtained from the United States Environmental Protection Agency, New York State Department of Environmental Conservation, the Skaneateles Sewerage District, and any other local, state, or federal agency having regulatory authority with respect thereto.

All such preliminary treatment facilities as required by this article shall be maintained continuously in satisfactory and effective operating condition by the user or person operating and maintaining the facility served thereby and at the user's expense.

No provision contained in this article shall be construed to prevent or prohibit a separate or special contract or agreement between the Village of Skaneateles Sewerage District and any industrial user whereby industrial waste and material of unusual strength, character, or composition may be accepted by the District for treatment, subject to additional payment therefor by the industrial user; provided, however, that such contract or agreement shall have the prior approval of the Village Board of Trustees.

The District reserves the right to reject admission to the system of any waste harmful to the treatment or collection facilities or to the receiving stream.

When pretreatment standards are adopted by the United States Environmental Protection Agency and the New York State Department of Environmental Conservation for any given class of industries, then such industries must immediately conform to the United States Environmental Protection Agency/New York State Department of Environmental Conservation timetable for adherence to these standards.

Private sewage treatment and disposal.

Where a public sewer is not available, as set forth in Subsection A of this section, the building or structure shall be connected to a private sewer, and a disposal or treatment system shall be constructed in compliance with the terms and provisions of all applicable Village, county, state, and federal laws and regulations.

Within 90 days after a property served by a private sewer or disposal system as described in this section shall become subject to the terms and provisions of Subsection A(7) of this section, a direct connection shall be made to the public sewer according to the terms and provisions of this article, and all private sewers, disposal systems, septic tanks, cesspools, and other appurtenances of such private sewer and disposal system shall be disconnected and abandoned and all openings, tanks, or other containers of human wastes, garbage and other wastes shall be permanently filled with granular material.

The Village of Skaneateles Sewerage District shall not be responsible in any way for the operation and maintenance of a private sewer or disposal system or facility.

No provisions of this article shall be construed to provide lesser requirements for private sewers and disposal systems as are presently or may hereafter be imposed and required by any other local governmental body or the state or federal government.

Service to outlying territory.

The Village of Skaneateles Sewerage District, by proper resolution of the Village Board of Trustees, shall have the right, at its discretion, upon payments, terms, and conditions as may be mutually agreed upon, to contract in writing for the right to use any sewer serving property located wholly or partly outside the District's corporate limits.

In the event a contract is made pursuant to Subsection E(1), a user of any sewer serving property wholly or partly outside the District's corporate limits shall be subject to all of the terms and provisions of this article and, in addition to all payments and charges, be required to pay all equivalent costs, taxes, charges, and expenses as would be imposed upon and paid by a user situated within the corporate limits of the District.

If any property of a person desirous of becoming a user is situated outside the corporate limits of the District and not continuous thereto so that it may not properly be annexed to and become part of the District's corporate limits, the District at its discretion may permit such a connection, provided that a contract providing essentially the following is entered into between the District and the user:

The user may connect buildings situated only on the fully described tract set forth in the agreement and in accordance with all applicable laws, ordinances, and regulations of the District and local, state, and federal governments.

The wastes and material discharged shall meet all present and future standards for content and volume, and the user shall further agree to pay all future connection, user, and treatment or service charges which are applicable to all property and users uniformly.

It is noted that the Village of Skaneateles is contiguous to the corporate boundaries of the Town of Skaneateles on all sides and that these municipalities have executed a statement of interest and agreement dated June 17, 1976.

It is contemplated that the Town of Skaneateles will establish Town Sewer Districts and that those Town Sewer Districts will pay the Village of Skaneateles payments calculated as follows:

Wastewater treatment plant costs. The capital cost for wastewater treatment attributable to a Town Sewer District shall be computed using the following formula:

		TC_t = TC_v x DFT_t
		DFT_v
Definitions:
TC_t	=	Annual capital cost for wastewater treatment attributable to any Town Sewer District.
TC_v	=	Annual capital cost for wastewater treatment plant - the annual level amortizing payments of the net construction cost paid by the Village for the wastewater treatment plant. The net construction cost is the total capital project cost expended by the Village, less all federal and state aid, the cost of the treatment plant site and the costs of the rights-of-way required for the construction of the sewer transmission line and the cost of additional land required to enlarge the plant site. The cost of the treatment plant site is $16,000. The capital cost includes items eligible for federal and state aid, the land costs mentioned above and costs related to the issuance and sale of bonds necessary to construct the project.
DFT_v	=	The total design flow of the proposed Village wastewater treatment plant.
DFT_t	=	The twenty-five-year design average flow from the proposed Town Sewer District.

[2]

Transportation cost. The capital cost for transporting wastewater from a Town Sewer District through Village sewers to the Village wastewater treatment plant shall be computed using the following formula:

		IC_t = IC_v x DFI_t
		DFI_V
Definitions:
IC_t	=	Annual capital cost for transportation attributable to any Town Sewer District.
IC_v	=	Annual capital cost - the annual level amortizing payments of the net construction cost paid by the Village for interceptor sewers used by the Town Sewer District. The net construction cost is the total capital project cost approved for aid, less all federal and state aid.
DFI_v	=	The total design flow of the interceptor sewers constructed by the Village and used by the Town Sewer Districts.
DFI_t	=	The 50 year design flow of the proposed Town sewer district.

[3]

Initial payment by Town Sewer Districts. The Town Sewer District share for each of the categories, treatment and transportation, for the period between the first capital payment by the Village for construction of facilities by the Village and the date of initial usage to the nearest year by a Town shall be paid to the Village as an initial payment when the Town Sewer District is connected to the Village sewer system. This initial payment shall be determined by adding the Sewer District share of annual capital costs, TC and IC, for the period preceding initial usage. In determining the amount of the initial payment, the Village shall use its actual capital cost which shall include both the principal payment to retire the bonds used to finance the project and the interest paid on those bonds on an annual basis. Said annual interest shall be computed from the inception of the indebtedness incurred to finance the construction of the wastewater facilities and that part of the transportation facilities utilized in the transportation of sewage from the Town Sewer Districts. Said annual interest is the only interest to be included in the computation of the initial payment. Capital costs shall be separated from operation and maintenance costs.

[4]

Operation and maintenance costs shall be determined as set forth in § 167-33B of this article. Section 40 CFR 35.905.23 defines "treatment works" as used in the federal guidelines to include both the treatment plant and sewer systems. Treatment works are primarily flow dependent, and the concentrations of pollutants in the town and Village wastewater will be essentially equal. Therefore, User Charge Model No. 1, as discussed in the federal guidelines, should be used. However, provision must be made to employ Model No. 2 if the concentrations of pollutants are not equal. This could occur if an industry producing a high-strength waste located in the Village or one of the Town Sewer Districts.

[5]

The amount, when computed by the District, shall be charged to the user, its successors and assigns, and the statement sent to the user shall be paid within 30 days after the date of sending. Any amount remaining unpaid after due date shall draw interest at the rate of 6% per annum until paid.

[6]

The amount computed for the use shall be prorated from the date of the contract if the user used the sewer system for only a partial year.

[7]

If the user, or any successor or assigns thereof, shall fail to pay the amount when due, each and every sewer upon the property, or any subdivided tract thereof, for which payment is not made shall be disconnected by the owner from any other sewer which was connected under the contract and ultimately attaches to the District treatment plant. The user shall have caused or required its sewer system to be constructed within the property in order that separate tracts may be so disconnected and hereby gave and granted the District an irrevocable easement for the purpose of going upon the same and disconnecting any such sewer if the producer, its successors or assigns fails to disconnect promptly when such is required.

[8]

In addition to the right of disconnection, the District shall have a lien upon the property or subdivided portion of it in the amount of any unpaid charges due therefrom. Upon the filing of notice, the lien shall be deemed perfected, and the lien may be charged and redeemed or foreclosed and the property sold to satisfy the unpaid charges in accordance with the New York statutes.

[9]

The District shall have the additional right to file a civil suit to recover the amount of the lien, the full cost incurred in disconnection, and all its reasonable legal expenses and attorney fees incurred as a result of the suit.

[10]

All amounts charged under Subsection E(3) of this section are due and shall continue to be due hereunder, whether or not said sewer is disconnected, and no sewer shall be reconnected until the District is paid in full for all amounts due it, and, in addition, the District shall be paid a deposit equal to the estimated charge for the next succeeding year. This deposit shall be held by the District in escrow and will be returned upon satisfactory payment of amounts due the District for a period of two years.

The District shall not, without its prior written consent and acceptance, have dedicated to it, or own, any sewer system installed within the property, and the producer, its successors and assigns shall maintain the same as its own cost; provided, however, that this provision shall not be construed to prohibit the dedication of part or all of said sewer system to another unit of government.

(f)

Upon conveyance by the owner of all or any subdivided portion or tract of said property, the successor in title shall succeed to all rights and liabilities hereunder, and said owner shall have no future liability to the District thereunder in respect to such tract except as shall have accrued as of the date the instrument of conveyance is recorded in the office of the County Clerk of Onondaga County, State of New York.

(g)

In the event that such property therein described, or any subdivided or separate tract thereof, shall be annexed to the Village of Skaneateles Sewerage District by proper local law, then the agreement executed pursuant to Subsection E(3) of this section as to such property or the subdivided or separate tract thereof which is so annexed shall than terminate and be of no further force and effect.

(h)

The agreement executed under Subsection E(3) of this section shall be recorded in the office of the County Clerk of Onondaga County, State of New York, which recording shall constitute notice to any successor or assign of the owner of its terms and provisions and to which any subsequent conveyance or assignment of the owner shall be subject.

(i)

If any part or provision of the agreement shall be found or held by a court of competent jurisdiction to be invalid or unenforceable, then the entire agreement shall terminate, and all sewers of the owner or its successors or assigns shall be promptly disconnected from any such system which ultimately connects to the District treatment plant.

(j)

The applicant for treatment service under an agreement pursuant to Subsection E(3) of this section shall agree to assume user charges, industrial waste charges, and capital surcharge, if applicable, and to obtain from the District the proper building permit by which the connection is allowed and the discharge permit, if applicable, which indicates what discharge will be made to the treatment system.

Discharge permits.

The Village of Skaneateles Sewerage District reserves the right to require a discharge permit from commercial or industrial users of the sewer, and, if the District does exercise the option, commercial or industrial users shall not discharge to a sewer without having first applied for and obtained a permit from the District. Upon official notification from the District, each commercial or industrial user presently discharging material to the sewer shall apply for and obtain such a discharge permit within 90 days from the date of such notification.

Commercial and industrial classification codes set forth in the Standard Industrial Classification Manual, 1972 Edition, as amended, and supplements, are adopted by the Village Board of Trustees as the basis for the issuance of discharge permits for building connections to a sewer.

The application for a discharge permit shall be made on a form provided for that purpose by the District and shall be fully completed under oath by the property owner, user, or a fully authorized and knowledgeable officer, agent, or representative thereof, and acknowledged. If requested, the person making application shall also submit such scientific or testing data, or other information, as may be required by the Village Board of Trustees. The Village Engineer shall also have, at his discretion, the right to personally inspect the premises, equipment and material, and laboratory testing facilities of the applicant.

No fee shall be charged for a discharge application or permit.

No discharge permit shall be issued by the District to any person whose discharge of material to sewers, whether shown upon the application or determined after inspection and testing conducted by the Village Engineer, is not in conformance with federal, state, or District statutes, ordinances, rules and regulations, unless a waiver or variance of such standards and requirements is granted by the Village Board of Trustees in the manner hereinafter set forth. The Village Engineer shall state in writing the reason or reasons for denial or requirement for waiver-variance, and said written communication shall be mailed or personally delivered to the applicant within five days after denial.

In the event the type or volume of material from property for which a discharge permit was previously granted shall materially and substantially change, the person granted such permit previously shall make a new application to the district in the same manner and form as originally made.

If the application for a new permit or for one because of change in the type or volume of material discharge is denied by the Village Engineer, or if the discharge indicated from the permit application or inspection is not in accordance with the requirements of Subsection F(5) of this section and a waiver or variance is required, the user may have the Village Board of Trustees review the denial or may request waiver-variance, provided that the user shall give written notice of his request within 30 days after receiving the denial. The Village Board of Trustees shall review the permit application, the written denial, and such other evidence and matters as the applicant and Village Engineer shall present at its next regular meeting following receipt of request for its review, and the decision of the Village Board of Trustees rendered publicly at said meeting shall be final.

In the event that any discharge of material to a sewer shall materially and substantially differ in type and volume than shown in the application and permit, the person and user shall immediately, upon order of the Village Board of Trustees, cease and desist from such discharge and shall also be subject to disconnection, fine, and other penalties provided by this article.

(9)

A grant of waiver or variance by the Village Board of Trustees may set forth such conditions, exceptions, time limitations, durations, and expirations as the Village Board of Trustees deems necessary and proper.

Construction of sewers and connections for buildings.

The construction of sewers and connections for buildings shall be in compliance with the terms and provisions of applicable District and local units of government ordinances.

A construction permit shall first be applied for and obtained from the District before a person, after the effective date of this article, can connect to any sewer located on properties within the corporate limits of the District or on properties outside the District where services have been contracted for with the District.

Construction permits shall not be issued unless it has been determined by the District that there is capacity available in all downstream sewerage facilities.

Applications for sanitary sewer service connections within the Village of Skaneateles or within any Town Sewer District served by the Village shall not be granted without first complying with the following requirements:

[Added 3-14-1994 by L.L. No. 1-1994]

Applicants for sanitary sewer service connections shall submit, with their application, an estimate of the anticipated sewer flows from the proposed structure, prepared by a licensed professional engineer. Such estimate shall be submitted to the Village Engineer for review and approval, and such additional information as the Village Engineer may require shall be provided by the applicant. Applications determined by the Village Engineer to involve 400 gallons per day or less of estimated sewer flow shall be approved and a permit shall be issued upon payment by the applicant of a sewer connection fee as established by the Board of Trustees.

Applications for sewer service connections to serve a single-family residence or dwelling unit with an individual lateral connection shall be deemed to involve less than 400 gallons per day of sewer flow and shall be exempt from the requirements of this section.

Applications determined by the Village Engineer to involve more than 400 gallons per day of estimated sewer flow shall require a remediation plan, to be prepared by the Village Engineer and submitted for approval to the New York State Department of Environmental Conservation (DEC) and/or Onondaga County Department of Health (DOH), as required by those agencies. Such remediation plan shall demonstrate specific improvements designed to eliminate three gallons of infiltration and inflow for each gallon of estimated sewer flow from the proposed structure.

The costs of design and implementation of such remediation plan shall be borne by the applicant who shall, upon request by the Village, deposit an initial sum of money with the Village Treasurer equal to $12 per gallon of infiltration and inflow to be removed, or such greater amount determined by the Village Engineer. Such deposit shall be disbursed by the Village Treasurer upon presentation of vouchers for work performed. Applicants shall similarly deposit such additional sums as may be required to complete the design or implementation of a plan of remediation.

[Amended 7-13-2023 by L.L. No. 7-2023]

Permits for sanitary sewer connections shall be granted only upon the approval of a remediation plan by DEC or DOH and upon completion of the implementation or construction of the improvements required by the remediation plan.

Reporting criteria for nonresidential users.

The Village of Skaneateles Sewerage District reserves the right to require any nonresidential user to submit quarterly to the District, on forms provided by the District, a certified statement of the characteristics of its industrial wastes discharged in the sewers and treatment works of the District or to any sewers connected to its treatment works. This statement shall be filed with the Village Clerk/Treasurer no later than the 10th day of the month following the quarter for which the report is required.

The waste characteristics to be measured and certified by the user shall be:

BOD in milligrams per liter.

Suspended solids in milligrams per liter.

Such other constituents of wastewater as directed by the Village Engineer.

Should there be a difference in understanding between the District and user as to the characteristics in Subsection H(2), the District reserves the right to use the District results from analyses for purposes of billing. Should submission not be made during the 10 days, the District shall use its results from analyses for purposes of billing.

Whenever required by the District, the owner of any property serviced by a building sewer carrying nonresidential wastewater and material shall install a large manhole or sampling chamber in the building sewer in accordance with plans and specifications approved by the Village Engineer and installed and maintained at all times at the user's expense. There shall be ample room in each sampling chamber to accurately sample and composite samples for analysis. The chamber shall be safely, easily, and independently (of other premises and buildings of user) accessible to authorized representatives of the District at all times. Where construction of a sampling chamber is not economically or otherwise feasible, alternate arrangements for sampling may be arranged at the discretion of the Village Engineer.

Each sampling chamber shall contain a partial flume, weir, or similar device with a recording and totaling register for measuring liquid quantity, or the metered water supply to the industrial plant may be used as measure of liquid quantity where it is substantiated by the Village Engineer that the metered water supply and waste quantities are approximately the same or where a measurable adjustment agreed to by the Village Engineer is made in the metered water supply to determine the liquid waste quantity.

Samples shall be taken every hour or half-hour, as determined by the Village Engineer, and properly refrigerated and composited in proportion to the flow for a representative twenty-four-hour sample. Such sampling shall be done as prescribed by the Village Engineer to ensure representative quantities for the entire reporting period. Minimum requirements for determination of representative qualities or characteristics shall include reevaluation during each twelve-month period. The determination of representative qualities and characteristics shall include not less than seven consecutive calendar days of twenty-four-hour composite samplings taken during periods of normal operation, together with acceptable flow measurements.

The sampling frequency, sampling chamber, metering device, sampling methods, and analyses of samples shall be subject, at any time, to inspection and verification by the Village Engineer.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with the standard methods specified in the definition of "standards methods" in § 167-38 of this article or with any other method approved by the Village of Skaneateles Board of Trustees.

(9)

The Village Board of Trustees may elect, at its option, to have the metering and sample collection done by the industrial plant personnel and have composite samples delivered to the District laboratory for analysis. This procedure can also be terminated at any time by the Village Board of Trustees upon reasonable notice.

Septic haulers.

Nonindustrial users hauling liquid wastes to the treatment plant shall be assessed user charge unit charges for billable flow, billable BOD, and billable TSS, the volume of which is determined for each by the Village Engineer.

Industrial users hauling liquid wastes to the treatment plant shall be assessed user charges as described in Subsection H(1) to (3) of this section and shall be assessed industrial cost recovery unit charges on the billable flow, actual BOD, and actual TSS as described in Subsection I(1).

Liquid wastes hauled to the treatment plant containing concentrations of constituents in excess of the limits set forth in Subsection B of this section shall not be accepted.

§ 167-36 Right of entry; inspections.

Inspection rights. Any duly authorized employee or agent of the District bearing proper credentials and identification shall be permitted at any time to enter upon all properties within the corporate limits of the District or outside a District that has contracted for wastewater treatment service, for the purpose of inspecting, observing, measuring, sampling, and testing as may be required in pursuance of the implementation and enforcement of the terms and provisions of this article. Representatives of the New York State Department of Environmental Conservation and Environmental Protection Agency bearing proper credentials and identification shall be permitted to enter all industrial and commercial properties for purposes of inspection and observation.

Liability during inspections. While performing the necessary work on private properties referred to in Subsection A, the duly authorized employees of the District shall observe all safety rules applicable to the premises established by the commercial or industrial user, and the user shall be held harmless for injury or death to the District employees, and the District shall indemnify the user against loss or damage to its property by District employees and against liability claims and demands for personal injury or property damage asserted against the user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the user to maintain safe conditions.

§ 167-37 Penalties for offenses.

Violations of regulatory provisions.

Any person who shall violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine in the amount of $150. Fines for subsequent violations shall increase by $75 per violation.

[Amended 8-12-1991 by L.L. No. 3-1991]

For the purpose of this section, each day that a violation exists or continues shall constitute a separate offense.

Any person who shall violate any provision of this article shall also be:

Liable to the District for all costs, expenses, loss, or damage, if any, incurred by the District as the result of such violation.

Subject to immediate disconnection of the sewer serving the property upon or in connection with which the violation occurred.

Subject to a lien upon said property in the amount of any costs described in Subsection A(3)(a).

Nonpayment of bills.

Lien.

Whenever wastewater treatment bills, industrial cost recovery, or capital surcharge bills become delinquent as set forth in § 167-33 of this article, the same shall become and constitute a lien upon the real estate to which sewer service is supplied pursuant to the terms and provisions. Statements rendered for such charge shall be deemed notice to all parties, whether or not the person charged with the statement is the owner of the property served. The claim for lien shall be made in the form of a sworn statement setting forth:

A description of the real estate, sufficient for the identification thereof, upon or for which the sewerage service was supplied;

[2]

The amount or amounts of money due for such sewerage service; and

[3]

The date or dates when such amount or amounts became delinquent.

If all amounts shown due remain unpaid after recording as provided by state statutes, the Village of Skaneateles Board of Trustees may foreclose the lien in the same manner and with the same effect as in the foreclosure of mortgages on real estate.

Civil action. In the alternative of levying a lien, the Village Board of Trustees may, at its discretion, file suit in a civil action to collect such amounts as are delinquent and due against the occupant or user of the real estate and shall collect, as well, all attorney fees incurred by the District in filing the civil action. Such attorney fees shall be fixed by order of the court.

Interest. In addition to all penalties and costs attributable and chargeable to recording notices of the lien or filing a civil action, the owner or user of the real estate being served by the treatment works shall be liable for interest upon all unpaid balances at the legal rate then in effect.

Filing fees. In all cases where the sewer user charge payment has become delinquent and the Village Board of Trustees elects to file a statement thereof in the office of the County Clerk, as hereinabove set forth, there shall be added to the amount due the District such charges and expenses as are necessary and required to verify the legal description of the property to which the lien is to attach, plus a sum established by the Village Board of Trustees as sufficient to cover the cost of preparation of such notices and forms required. In each instance, the District Director, or a duly appointed employee of the District, shall be authorized and directed to include such additional costs in the amount claimed due the District in the notice of lien.

Revocation of permits and disconnecting of service. The Village of Skaneateles Board of Trustees reserves the right to revoke discharge permits and to disconnect service to any user whenever wastewater treatment, industrial cost recovery, or capital surcharge bills become delinquent.

BILLABLE BIOCHEMICAL OXYGEN DEMAND (BOD)

Deposit of future payments. All amounts charged under this Subsection B continue to be due hereunder, whether or not said sewer is disconnected, and no sewer shall be reconnected until the District is paid in full for all amounts due it, and, in addition, there shall be paid to the District a deposit equal to an estimated amount of such charge for the next succeeding year. Such a deposit shall be held by the District in escrow and will be returned upon satisfactory payment of all bills for a period of two years.

§ 167-38 Definitions and word usage.

For the purpose of this article, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not directory, while the word "may" is permissive.

ACCRUED RESERVES

A method of keeping accounts of the segregated resources over several years to determine the funds available to offset capital expenditures to maintain an ongoing, on-line waste treatment facility.

ACT

The Federal Water Pollution Control Act Amendments of 1972, as amended, Public Law 92-500, as amended, 33 U.S.C. § 1251 et seq. (Supp. IV, 1974).

ADMINISTRATOR

The Regional Administrator of Region II of the United States Environmental Protection Agency.

AUDIT

An audit as a separate report from other funds and shall cover the following:

Financial operations are property conducted;

Financial reports are presented fairly;

Applicable laws and regulations have been complied with;

Resources are managed and used in an economical and efficient manner;

Desired results and objectives are being achieved in a financially effective manner; and

Records of audit of the industrial cost recovery system (ICRS) charges and expenditures are being retained for the useful life of the improvement.

AUTHORIZED EXPENDITURES

Those expenditures authorized by the Village of Skaneateles Board of Trustees and made payable from the accounts kept for the expenditures of the user charge and industrial cost recovery systems. Expenditures from the reserve funds shall be limited to those for which the fund was created.

A user's loading in pounds of BOD calculated using the billable flow and concentration of BOD in the waste as determined by the Village Engineer. Minimum waste strength of BOD shall be the domestic waste concentration of 200 milligrams per liter for the purpose of billing for user charges.

BILLABLE FLOW

A user's recorded quarterly water usage as metered by the appropriate water utility, plus metered water from wells and other sources and less any sewer-exempt metered data, times the District-approved percentage factor for wastewater entering the sewer system out of the metered water. Residential users billed for the summer quarter shall be billed on the average of the user's previous nonsummer billable flows as determined by the District. Residential users on unmetered wells and users with no history of billable flow shall have their billable flow estimated by averaging the billable flow of other residential users of the same class.

BILLABLE TOTAL SUSPENDED SOLIDS (TSS)

A user's loading in pounds of TSS calculated using the billable flow and concentration of TSS in the waste as determined by the Village Engineer. Minimum waste strength of TSS shall be the domestic waste concentration of 200 milligrams per liter for purposes of billing for user charges.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen, expressed in milligrams per liter (mg/l), utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20º C.

BUILDING DRAIN - SANITARY

That part of the lowest horizontal piping of a drainage system which receives sanitary or industrial sewage only and is located inside the walls of a building and conveys the sewage to the building sewer, which begins three feet outside the building wall.

BUILDING DRAIN - STORM

That part of the lowest horizontal piping of a drainage system which receives stormwater or other clear-water discharge but receives no wastewater from sewage or other drainage pipes and is located inside the walls of a building and conveys the sewage to the building sewer, which begins three feet outside the building wall.

BUILDING SEWER - SANITARY

The extension from the building drain to the public sewer or other place of disposal and conveys only sanitary or industrial sewage. This is also known as a "house connection."

BUILDING SEWER - STORM

The extension from the building drain to the public sewer or other place of disposal and conveys stormwater or other clear-water drainage but no sanitary or industrial sewage. This is also known as a "house connection."

CLASSES OF USERS

The division of wastewater treatment customers by waste characteristics and process discharge similarities or function, such as residential, commercial, institutional, industrial, or governmental.

COLLECTION SEWER

A sewer whose primary purpose is to collect wastewaters from individual point source discharges.

COMBINED SEWAGE

A combination of both wastewater and storm- or surface water.

COMBINED SEWER

A sewer intended to receive both wastewater and storm- or surface water.

COMMERCIAL USER

For the purpose of the user charge system, a user engaged in the purchase or sale of goods or in a transaction or business or who otherwise renders a service.

COMPATIBLE POLLUTANT

BOD, suspended solids (SS), pH, and fecal coliform bacteria, plus additional pollutants identified in the SPDES/NPDES permit, if the publicly owned treatment works was designed to treat such pollutants and, in fact, does remove them to a substantial degree.

DEPOSITED

Placing funds in control of Village Board of Trustees of the Village of Skaneateles Sewerage District, and if said deposit is in the form of a bank check, deposit shall not be deemed collected within this definition until the applicable rules of the bank's collection procedures are fulfilled.

DEPRECIATION

An annual operating cost reflecting capital consumption and obsolescence (reduction of future service potential) of real and personal properties.

DISSOLVED SOLIDS

That concentration of residue or solid matter in the sewage which is filterable residue as determined according to the procedures prescribed in the definition of "standard methods" in this section.

DISTRICT

The Village of Skaneateles Sewerage District.

DISTRICT DIRECTOR or DIRECTOR

The chief administrator of the Village of Skaneateles Sewerage District.

DOMESTIC LEVEL USER or RESIDENTIAL USER

For the purpose of the user charge system, a user whose premises or building is used primarily as a domicile for one or more persons and whose wastes originate from the normal living activities of its inhabitants.

EASEMENT

An acquired legal right, less than fee simple, for the specific use of land owned by others.

FECAL COLIFORM

Any number of organisms common to the intestinal tract of man and animals whose presence in sanitary sewage is an indicator of pollution.

FLOTABLE OIL

Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in a pretreatment facility approved by the District.

FORCE MAIN

A pipe in which wastewater is carried under pressure.

FUNCTIONAL BETTERMENT

A process improvement in the increased size facilities or a process improvement in existing facilities that is directly anticipated to preclude physical betterments or is an indirect improvement to the process as a result of renewal on a cost-effective basis.

FUNCTIONAL OBSOLESCENCE

The process deficiency of a functional element of a plant beyond the capacity of a preventive maintenance program to such extent that a new process device or piece of equipment would be more cost effective.

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food and from the commercial handling, storage and sale of produce.

INCOMPATIBLE POLLUTANT

Any nontreatable waste product, including nonbiodegradable dissolved solids.

INDUSTRIAL COST RECOVERY SYSTEM

The system of charges levied to recover from the industrial users of the wastewater treatment facilities the federal grant amount, issued under Public Law 92-500, as amended, allocable to the construction of facilities for treatment of wastes from such industrial users. These charges are separate from and not a part of the wastewater treatment bill whose constituent elements include the user charge system and the billing and collection charge.

INDUSTRIAL USER

For the purpose of the user charge system, a manufacturing and processing facility which is engaged in a production or profit-making venture.

For the purpose of the industrial cost recovery system, "industrial user" shall mean any nongovernmental user of publicly owned treatment works, identified in the Standard Industrial Classification Manual, 1972, as amended and supplemented, prepared by the Statistical Policy Division, Office of Management and Budget, including, but not limited to the following divisions:

Division A: Agriculture, Forestry, and Fishing.

Division B: Mining.

Division C: Manufacturing.

Division E: Transportation, Communications, Electric, Gas and Sanitary Services.