[HISTORY: Adopted by the Town Board of the
Town of Harrison as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Water — See Ch. 229.
[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 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:
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.
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.
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.
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.
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.
The fund into which the sewer rents are deposited.
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.
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).
Any entity that delivers water to a property owned by a system
user.
Westchester Joint Water Works.
A.
Annually, the Town Board, by resolution shall set the rate per gallon
or per cubic foot, as the case may be, of water consumption to be
used in determining the sewer rent for the following fiscal year.
That rate shall be calculated by dividing the revenue by the water
consumption of all system users in the previous fiscal year. The resolution
establishing and imposing the sewer rent shall be adopted only after
a public hearing held upon five days' public notice or such other
period as may be mandated by General Municipal Law § 452
(2) or any statute that may replace it.
B.
A system user shall pay a sewer rent equal to the rate set pursuant
to § 228-12(A).
C.
Billing.
(1)
So long as WJWW is the billing agent for the sewer rent, the sewer
rent due from system users whose water source is WJWW shall be the
date on which those invoices sent to them by WJWW that contain a charge
for the sewer rent are due and payable. For all other system users
and if WJWW ceases to be the billing agent for the sewer rent, the
sewer rent shall be due and payable on the first day of February,
May, August and November of each year.
(2)
In the case of system users whose water source is WJWW, invoices
for sewer rent shall be sent to the address to which WJWW sends its
invoices for water usage. For all other system users and if WJWW ceases
to be the billing agent for the sewer rent, invoices for sewer rent
shall be sent to the same address that the Town sends bills for real
estate taxes to such system users.
(3)
The failure to receive a bill for the sewer rent shall not be grounds
for waiving penalties or interest imposed as the result of a late
payment.
D.
Any system user who maintains that his/her/its sewer rent should
be reduced for any given year may make one application to the Town
Board for a reduction in that year's sewer rent. Such application
must be in writing and be supported by evidence that proves either:
(1)
That the system user's water consumption was less than the water
consumption that was used to calculate the system user's sewer
rent for that year; or
(2)
That the amount of the system user's water consumption that
actually was discharged into the sanitary sewer system was less then
the amount of water consumption used to calculate the system user's
sewer rent.
E.
If the Town Board reduces a sewer rent pursuant to § 228-12(D)(2),
that system user's sewer rent shall be recalculated based upon
the portion of that system user's water consumption that actually
was discharged into the sanitary sewer system.
A.
A penalty of 1% of the amount shown as due for sewer rent on an invoice
shall be charged for any payment of sewer rent that is made after
the date on which it is due and payable. An additional 1% penalty
shall be added to the amount shown as due for sewer rent on an invoice
for the sewer rent for each calendar month starting with the first
calendar month after the date on which such invoice was due and payable.
B.
Sewer rents imposed upon real property owned by a sewer user shall
constitute a lien upon that real property or such part or parts thereof
for which sewer rents shall have been established and imposed. 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 state or a political subdivision or district thereof.
C.
The Town Board, acting on behalf of a sewer district may bring and
maintain an action (a) as upon contract for sewer rents in arrears
including penalties and interest, or (b) to foreclose liens for such
sewer rents. As an alternative to such action, the Town Board may
cause a statement to be prepared annually setting forth the amount
of the sewer rents in arrears, including penalties and interest, the
real property affected thereby and the name of the person in whose
name such real property is assessed. The Town Board shall levy the
amounts contained in such statement against the real property liable
at the same time and in the same manner as town taxes, and such amounts
shall be set forth in a separate column in the annual tax rolls. The
amounts so levied shall be collected and enforced in the same manner
and at the same time as may be provided by law for the collection
and enforcement of town taxes. The failure of the Town Board to follow
the alternative enforcement mechanism described in the preceding sentence
in any given year shall not preclude it from following that procedure
in other years.
A.
The sewer rents including penalties and interest shall be credited
to a special fund, to be known as the "sewer rent fund."
B.
As mandated by General Municipal Law § 453, moneys in such
fund shall be used in the following order:
(1)
For the payment for the costs of operation, maintenance and repairs
of the sanitary sewer system or such part or parts thereof for which
sewer rents have been established and imposed.
(2)
For the payment of the interest on and amortization of, or payment
of, indebtedness which has been or shall be incurred for the construction
of the sanitary sewer system or such part or parts thereof for which
sewer rents have been established and imposed (other than indebtedness
and the interest thereon which is to be paid in the first instance
from assessments upon benefited real property).
(3)
For the construction of sewage treatment and disposal works with
necessary appurtenances including pumping stations or for the extension,
enlargement, or replacement of, or additions to, the sanitary sewer
system, or part or parts thereof.
C.
As mandated by General Municipal Law § 453, sewer rents
shall not be used (1) to finance the cost of any extension of any
part of the sanitary sewer system (other than any sewage treatment
and disposal works with necessary appurtenances including pumping
stations) to serve areas not currently served by sewers if such part
has been constructed wholly or partly at the expense of real property
especially benefited, or (2) for the payment of the interest on, and
the amortization, of or payment of, indebtedness which is to be paid
in the first instance from assessments upon benefited real property.
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.
