[Amended 10-3-2022 by L.L. No. 1-2022; 7-8-2024 by L.L. No. 2-2024]
All persons discharging or depositing wastes
into the public sewer shall pay a sewer service charge based upon
water consumption, which charge shall be collected as a sewer rent,
and shall be $7.04 per 1,000 gallons. The Town Board may by resolution
in the future change or alter sewer usage rates set forth in this
section by resolution rather than Code Amendment.
All persons discharging or depositing wastes
with concentrations in excess of the pollutant concentrations in normal
sewage shall pay a surcharge.
The total sewer service charge, which shall
be called the "user charge," is comprised of two parts, as follows:
UC(t) =
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UC(n) + UC(an)
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Where:
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UC(t) =
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Total user charged for Town and village sewer
systems operation and maintenance
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UC(n) =
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User charge associated with normal sewage
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UC(an) =
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User charge associated with abnormal sewage
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UC(n) =
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OM x (OQ/100) x (QIA/QA)
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Where:
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OM =
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Total annual Town and village sewer systems
operation and maintenance costs
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OQ =
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Percentage of OM attributable to flow (Q)
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OB =
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Percentage of OM attributable to BODS
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OS =
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Percentage of OM attributable to suspended solids
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OP =
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Percentage of OM attributable to total phosphorus
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ONH =
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Percentage of OM attributable to ammonia
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OTK =
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Percentage of OM attributable to total kjeldahl
nitrogen
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QIA =
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Average daily flow rate [millions of gallons
per day (mgd)] from discharger
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BIA =
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Average daily BOD5 loading [pounds per day (l/day,)
from discharger
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SIA =
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Average daily suspended solids loading (lb/day)
from discharger
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PIA =
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Average daily total phosphorus loading (lb/day)
from discharger
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NHIA =
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Average daily ammonia loading (pounds of nitrogen
per day (lb N/day) from discharger
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TKIA =
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Average daily total kjeldahl nitrogen loading
(lb N/day) from discharger
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QA =
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Average daily flow rate (mgd) at the Town and
village sewer services
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BA =
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Average daily BOD5 loading (lb/day) at the Town
and village sewer services
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SA =
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Average daily suspended solids loading (lb/day)
at the Town and village sewer services
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PA =
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Average daily total phosphorus loading (lb/day)
at the Town and village sewer services
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NHA =
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Average daily total ammonia loading (lb N/day)
at the Town and village sewer services
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=
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Average daily total kjeldahl nitrogen loading
(lb N/day) at the Town and village sewer services
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Bn =
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BOD5 loading (lb/day) in discharge if it were
normal sewage
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Sn =
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Suspended solids loading (lb/day) in discharge
if it were normal sewage
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Pn =
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Total phosphorus loading (lb/day) in discharge
if it were normal sewage
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NHn =
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Ammonia loading (lb N/day) in discharge if it
were normal sewage
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TKn =
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Total kjeldahl nitrogen loading (lb N/day) in
discharge if it were normal sewage
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A. If any difference of terms in the equation above is
negative, then that portion of the equation shall not be used; that
is, the difference shall be set to zero when it is negative.
B. All averages are arithmetic averages determined from
available data during the billing period.
The service area of the Town and village sewer
systems may be segmented to assist in a fair distribution of user
charges, especially if there is a pump station serving a segment.
The volume of flow to be used in computing sewer
service charges and abnormal sewage charges shall be based upon metered
water consumption as shown on the records of meter readings maintained
by the Town of Albion Water Department. In the event that a person
discharging wastes into the Town and village sewer systems produces
evidence, to the Superintendent, demonstrating that a substantial
portion of the total amount of metered water does not reach the Town
and village sewer systems, then the Superintendent shall either establish
a percentage of the total metered water to be used as a basis for
such computations or direct the installation of appropriate flow measuring
(and totalizing) devices to measure and record the actual amount of
flow into the Town and village sewer systems. In the event that a
person discharging wastes into the Town and village sewer systems
procures all or part of his/her water supply from unmetered sources,
the Superintendent shall either direct the installation of water meters
on the other sources of water supply or direct the installation of
appropriate flow measuring devices to measure and record the actual
amount of flow into the Town and village sewer systems. Any water
meters and/or flow measuring devices installed pursuant to this section
shall be of a type and design acceptable to the Superintendent and
shall be installed, maintained and periodically tested as required
by the Superintendent, at the owner's expense. All such meters and/or
flow measuring devices shall be subject to periodic inspection, testing
and reading by the Superintendent. Any person discharging wastes into
the Town and village sewer systems may install a flow measuring device
at his/her option, of the type, design, installation and maintenance
standards of the Superintendent, at the owner's expense.
The billing period shall be quarterly for industrial
and nonindustrial users.
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.
C. Monitoring, inspections and surveillance procedures.
D. Costs of equipment and supplies.
E. Reviewing accidental discharge procedures.
F. Construction inspections.
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 of Albion may institute an equitable
procedure for recovering the costs of any capital improvements of
those parts of the Town and village sewer systems which collect pump,
treat and dispose of industrial wastewaters from those persons discharging
such wastewaters into the Town and village sewer systems.
Provisions of Article
XI 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 New York Sewer Rent Law by the Town of Albion.
The Town Sewer Systems shall be operated on
the basis of the Town's fiscal year.
The Town of Albion Town Board shall have the
authority to impose impact fees on new development, to the extent
allowed by state law, which development may:
A. Cause enlargement of the service area of the Town
and village sewer systems.
B. Cause increased hydraulic and/or treatment demands
on the Town and village sewer systems.
Revenues derived from user charges and associated
penalties, and impact fees, shall be credited to a special fund. Moneys
in this fund 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 of Albion sewer
systems.
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 of Albion sewer systems.
D. For the extension, enlargement, replacement of and/or
additions to the Town of Albion Town sewer systems, including any
necessary appurtenances.