[Adopted 4-25-2016 by L.L. No. 7-2016,
effective 7-5-2016[1]]
[1]
Editor’s Note: This local law also repealed former Art.
III, User Charge System, adopted 10-24-1988 by L.L. No. 18-1988, effective
10-31-1988.
A.
In recent decades, federal and state legislation has been enacted
along with strict regulatory action dealing with the collection, treatment,
and discharge of human wastewater. The Village of Mamaroneck manages
and maintains 43 miles of a sanitary collection sewer and two Village-maintained
sewer pump stations within its borders. Volumes from the sewers flow
into the Westchester County trunk sewer system and are treated at
county sewage treatment plants, eventually discharging into the Long
Island Sound. It is critically important that the Village maintain,
repair, improve and replace, when necessary, components of its sanitary
sewer collection system in order to reduce extraneous flows and illegal
discharges into its collection system before such flows enter the
county trunk lines. A major component of the extraneous flows into
the sanitary sewer collection system is inflow and infiltration from
groundwaters and poorly functioning storm drainage pipes. Municipalities
must, by law, take action to fix and maintain sanitary sewer collection
systems and storm drains to reduce all nonsanitary flows into the
sanitary sewer system, as the additional volumes adversely impact
the trunk lines and the ability to treat waste at treatment plants.
B.
The Federal Water Pollution Control Act, also known as the "Clean
Water Act," creates strict guidelines for municipalities for managing
stormwater and sanitary sewer systems, with the goal of optimal public
health and safety. Under Section 402(p)(3)(B) of the Clean Water Act,
municipal separate stormwater sewer systems (MS4) are required to
reduce pollutants in stormwater systems to the maximum extent practicable.
To regulate such stormwater systems, the Environmental Protection
Agency (EPA) is authorized to enforce the Clean Water Act and to encourage
municipalities to reduce harmful pollutants going into the stormwater
system. Section 304(m) of the Clean Water Act sets forth guidelines
which deal with discharges and pollutants. The Village of Mamaroneck,
which manages an MS4, must adhere to a set of six minimum measures
in the administration of its stormwater system. One of those minimum
measures is maintaining the separation of stormwater and sanitary
sewer systems to prevent inflow between the two systems.
C.
Section 824.11 of the Westchester County Code also mandates that
municipalities "take immediate action to reduce extraneous flows of
water due to infiltration, illegal inflow and illegal stormwater connections
to tributary [sanitary] sewer systems within a municipality's
borders which are adversely impacting upon many County POTW treatment
plants in their ability to treat waste, comply with their State Pollution
Discharge Elimination System permits (SPDES permits), and to protect
and enhance the local environment." Therefore, a municipality must
take all actions necessary to ensure that the sanitary sewer system
and stormwater system are not integrated.
D.
Article 14-F of the New York State General Municipal Law allows for
municipalities to impose a sewer rent fee on real property, to be
used solely for the maintenance, repair and improvements of the sanitary
sewer system. These funds will help further facilitate the Village
of Mamaroneck's compliance with the federal, state, and county
guidelines on sanitary sewer systems by establishing a steady stream
of dedicated funding to perform the necessary maintenance, repairs
and improvements to mitigate the infiltration and inflows from other
sources, including, but not limited to, stormwater and other illicit
connections to the sanitary sewer system. Compliance with federal,
state, and county code further enhances and protects the public health,
safety and welfare.
Pursuant to Article 14-F of the New York State General Municipal
Law (the "Sewer Rent Law"), and in order to defray the cost of maintaining
and improving the Village's sanitary sewer system, sewer rents
are hereby established. The revenue collected by these sewer rents
shall be used for the general operation, maintenance, repairs and
improvements of the municipality's sanitary sewer system in accordance
with state law.
A.
The owners of real property within the Village of Mamaroneck and
those outside the Village using the Village's sanitary sewer
system or any part thereof shall be required to pay a sanitary sewer
rent fee for the purpose of defraying the costs of operating, maintaining,
repairing, replacing and otherwise improving the sanitary sewer system.
B.
The Village Board of Trustees shall annually establish by resolution
a per-unit fee schedule based on water consumption. These fees shall
be included in the Village's Annual Fees and Charges Schedule.
C.
All sewer rents shall be payable at quarterly or monthly intervals
consistent with the water billing for the property.
All revenues generated from sanitary sewer rents, including
interests and penalties, shall be kept in a separate account to be
designated as the "sewer rent fund." All such funds, together with
the interest thereon, shall be used in accordance with General Municipal
Law § 453 and this article.
The sanitary sewer rent fee as provided in § 282-5 herein shall be effective for sewer use beginning with the May through July calendar quarter or month of May for those accounts billed monthly, and shall appear on the August water bill or in the case of accounts billed monthly the June water bill and the water bill for every quarter or month thereafter as applicable.
A.
The Village Board of Trustees shall impose a fee schedule based on
water consumption, setting a standard sewer rent fee per unit of water.
One unit of water constitutes 100 cubic feet (one ccf) or 748 gallons.
B.
If water is not consumed or utilized, and a connection is maintained
with the Village's sanitary sewer system, a flat sewer rent fee
per quarter shall be imposed and shall also be included in the Village's
Annual Fees and Charges Schedule.
C.
No fee shall be imposed on water consumption for seasonal accounts
which are used for irrigation and therefore do not contribute to the
sanitary sewer system.
D.
In establishing the fee schedule, the Board of Trustees may choose
to exempt any water accounts which it determines do not contribute
to the use of the sanitary sewers due to the nature of the water use.
A.
Sewer rents shall constitute a lien on the date payable, upon the
real property served by the sewer system or such part or parts thereof
for which sewer rents have been established and imposed, and such
lien shall continue thereon until paid or satisfied. The lien shall
be prior and superior to every other lien or claim except the lien
of an existing tax, assessment or other lawful charge imposed by or
for the Village.
B.
A penalty of 5% of the sewer rent fee shall be imposed for the first
month unpaid and subsequently increased 1% for each succeeding month
that the rent remains unpaid.
Each user which discharges any toxic pollutant which causes
an increase in the cost of managing the effluent or the sludge of
the wastewater treatment works shall pay for such increased costs.
A.
Any sewer system user who maintains that his/her/its sewer rent should
be reduced for any given year based upon actual use of the sanitary
sewer system may make one application to the Village Manager for a
reduction in that year's sewer rent. Such application must be
in writing and be supported by evidence that proves that the amount
of the system user's water consumption that actually was discharged
into the sanitary sewer system was less than the amount of water consumption
used to calculate the system user's sewer rent.
B.
All such applications shall be reviewed by an Appeals Board consisting
of the Village Manager, the Village Clerk and the Village Engineer.
The Appeals Board shall issue a decision on such application within
30 days of submission and shall advise the applicant in writing.
C.
If the Appeals Board reduces a sewer rent pursuant to this section,
that system user's sewer rent shall be recalculated based upon
the portion of that system user's water consumption that the
Appeals Board determines was actually discharged into the sanitary
sewer system.
