[Adopted 4-6-1988 by L.L. No. 1-1988]
The purpose of this Article shall be to generate
sufficient revenue to pay all costs for operations and maintenance
for the complete wastewater system throughout the Town of Harrison
and to reimburse the town for its operation and maintenance costs
attributable thereto. The costs shall be distributed to all users
of the wastewater system, with each user responsible for paying the
prorated portion of such costs, as based on the annual tax levy required
for the Town of Harrison's general fund. The method of cost recovery
is the ad valorem tax method, based on the value of the real property,
as indicated on the most recent tax assessment roll for the Town of
Harrison.
The Town of Harrison or its Superintendent of
Highways shall determine the total annual costs of operation and maintenance
of the wastewater system which are necessary to maintain the capacity
and performance during the service life of the wastewater system for
which such sewer works were designed and constructed. The total annual
cost of operations and maintenance shall include, but need not be
limited to, labor, repairs, equipment and replacement, maintenance,
necessary modifications, power, sampling, laboratory tests and a reasonable
contingency fund.
The Town Board, on an annual basis, consistent
with Article 8, §§ 100 through 125, inclusive, of the
Town Law, shall determine the annual appropriation necessary to cover
and meet all costs associated with the operation and maintenance of
the wastewater system. This figure shall be included in a separate
line appropriation in the annual budget. This figure shall be estimated
by the Superintendent of Highways or his designee and shall reflect
all historical cost, operation and maintenance data associated thereto.
The rate to be charged to each user of the wastewater system shall
be based on the user's taxable assessment for the user's property
which is tributary to the wastewater system. The rate per $1,000 of
assessed valuation shall be indicated in the annual budget for the
Town of Harrison, thereby enabling each user to identify the total
cost to be paid by the user for the operation and maintenance of the
wastewater system. The method by which the user shall identify the
total cost attributable to the user's property shall be to multiply
the rate per $1,000 of assessed valuation, as described above, by
the total taxable assessment for the property. The resultant figure
will be said total cost.
Each user of the wastewater system shall be
considered, for the purposes of this Article, to be within a single
class of users. The Town Board hereby classifies all users of the
wastewater system as a single class of users.
The Town of Harrison shall review the total
annual cost of operation and maintenance, as well as each user's wastewater
contribution, not less than every year and will revise the system,
as necessary, to assure equity of the service charge system established
herein and to assure the sufficient funds are obtained to adequately
operate and maintain the wastewater sewer system maintenance services.
Each user will be notified by tax bill on an
annual basis, in conjunction with the annual review of the Town of
Harrison's budget, of the rate and portion of the user charge which
are attributable to wastewater sewer system maintenance services.
This system of service charges shall take precedence
over any items or conditions or agreements or contracts between the
Town of Harrison and users, including industrial users, special districts,
other municipalities or state and federal agencies or installations,
which are inconsistent with Section 204(b)(1)(A) of the Clean Water
Act.
[Adopted 12-6-2018 by L.L. No. 7-2018]
Article 14-F of the General Municipal Law authorizes the imposition
of sewer rents as a means of raising funds (a) to operate, maintain
and repair a municipal sanitary sewer system, and (b) for the payment
of indebtedness which has been or shall be incurred for the construction
of the sanitary sewer system or such part or parts thereof, and (c)
where not prohibited by General Municipal Law § 453(3) to
expand such system. This law creates a sewer rent to be imposed upon
the properties that discharge sewage into the Town of Harrison's
sanitary sewer system. The rents will be used to operate, maintain
and repair that sewer system and if deemed appropriate by the Town
Board and not prohibited by General Municipal Law § 453(3),
to expand such system and for the payment of indebtedness which has
been or shall be incurred for the construction of the sanitary sewer
system or such part or parts thereof. The Town Board finds that a
sewer rent more equitably distributes the cost of the sanitary sewer
system because it is a function of usage computed based upon water
consumption and is charged to all the users of that system including
tax exempt properties.
The Town Board on behalf of the Town of Harrison Consolidated Sewer District hereby adds the following new Article
II entitled "Sewer Rents" to Chapter
228 of the Code of the Town of Harrison.
The Town Board finds that it is in the public interest to raise
funds (a) to operate, maintain and repair the Town's sanitary
sewer system, (b) for the payment of indebtedness which has been or
shall be incurred for the construction of the sanitary sewer system
or such part or parts thereof and (c) if deemed appropriate by the
Town Board and not prohibited by General Municipal Law § 453(3),
to expand such system through a sewer rent rather than by taxation
because a sewer rent more equitably distributes the cost since it
is a function of usage computed based upon water consumption and is
charged to all the users of the Town's sanitary sewer system,
including tax-exempt properties.
As used in this chapter, the following terms shall have the
meanings indicated in this section:
REVENUE
The amount of money that the Town Board determines must be
collected in a given fiscal year in order to operate, maintain and
repair the sanitary sewer system and if deemed appropriate by the
Town Board and not prohibited by General Municipal Law § 453
(3), to expand such system.
SANITARY SEWER SYSTEM
The conduits, drains, pipes, interceptors, laterals, mains,
pumps, trunk lines and the other appurtenances or facilities owned,
operated and maintained by the Town of Harrison (whether located within
or outside the Town municipal boundaries) that are used to collect,
treat and/or transport sewage.
SEWAGE
Water-carried human or animal, wastes and any other liquid
waste, whether or not it contains organic matter, together with such
ground water infiltration, surface water garbage, refuse, decayed
wood, sawdust shavings, bark, sand, lime, cinders, ashes, offal, oil,
tar, dye stuffs, acids, chemicals, and all other discarded matter
as may be present or carried by the water.
SEWER RENT DISTRICT
The Town of Harrison Town Wide Sewer Maintenance District
as it currently is constituted and as it may be expanded or contracted
from time to time and all parcels of land within the Town of Harrison
that may not currently be included in the Harrison Town Wide Maintenance
District but have a connection to any municipal sewer system.
SEWER RENT
The Town Board may set the rental rate by resolution and
shall set all such rental rates by resolution. The "current" rate
will be that rate adopted in the most recent Town Board resolution
fixing that rate and shall be available in the Clerk's Office
and shall be posted in the office of the Town Department or the official
who receives applications requiring a fee.
SYSTEM USERS
The owners of real property, other than the Town of Harrison,
and its Authorities, that discharge into the sanitary sewer system
whether such property is located within or outside the Town's
municipal boundaries.
WATER CONSUMPTION
The total annual volume of water provided by the Westchester
Joint Water Works water system to a property owned by a user of the
system less seasonal water usage associated with irrigation of the
property during the months of June through September. Water consumption,
in this instance, shall be determined based upon actual water volume
provided to the property of a system user during the months of October
through May (non-irrigation months) and by utilizing for each month
during the period June through September actual water volume provided
to the property during the month of May (proxy for typical monthly
non-irrigation water volume).
WATER SOURCE
Any entity that delivers water to a property owned by a system
user.
WJWW
Westchester Joint Water Works.
Notwithstanding the effective date of the local law adding this
chapter to the Code of the Town of Harrison, the initial sewer rents
shall be imposed starting on January 1, 2019.
Should any provision of this local law be declared invalid or
unconstitutional by any court of competent jurisdiction such declaration
of unconstitutionality or invalidity shall not affect any other provisions
of this Local Law which may be implemented without the invalid or
unconstitutional provisions.