[Adopted 11-17-1980 by L.L. No. 2-1980]
Pursuant to Public Law 92-500 (the Federal Water
Pollution Control Act, and amendments thereof) and pursuant to the
authority of the Sewer Rent Law of the State of New York (Chapter
765 of the Laws of 1951) and any and all amendments thereto,[1] there is hereby established and imposed sewer rents as
a means of proportioning operating and maintenance costs required
to operate and maintain the sewerage system of the City of Jamestown
among the contributors who benefit by its use and a means of proportioning
debt retirement costs required to design and construct the sewerage
system of the City of Jamestown among the contributors who benefit
by its use.
[1]
Editor's Note: See General Municipal Law § 450
et seq.
As used in this article, the following terms
shall mean and include:
A property's contribution to the sewerage system based upon
the number of residents, occupants or employees of the premises serviced
by the sewerage system.
The Code of Federal Regulations.
Any industry which contributes wastewater discharges other
than domestic sanitary wastewater to the City's sewerage system.
A system of measuring a user's contribution to the sewerage
system at a point where the wastewater exits the premises served by
the sewerage system and enters the sewerage system of the City of
Jamestown.
As used in relation to the term "system," all lateral sewers
or all branch sewers or all interceptor sewers or all trunk sewers
in any sewage treatment and disposal works with necessary appurtenances,
including sewage pumping stations.
All sewer pipes and other appurtenances which are used or
useful, in whole or in part, in connection with the collection, treatment
or disposal of sewage, industrial wastes and other wastes which are
owned, operated or maintained by the City of Jamestown, including
sewage pumping stations and the sewage treatment plant.
A scale of monthly charges established and imposed by the
City of Jamestown through its Board of Public Utilities. for the use
of the sewerage system or any part or parts thereof.
[Amended 1-11-1988 by L.L. No. 1-1988; 8-26-2013]
The water carrying human or animal wastes from residences,
buildings, industrial establishments or other places, together with
such groundwater infiltration and surface water as may be present,
together with any liquid, gaseous, solid or other waste substance
or combination thereof resulting from any process of industry, manufacturing,
trade or business or from the development or recovery of any natural
resources.
A.
Sewer rents as herein imposed shall be based upon
the metered consumption of water on premises connected with and served
by the sewerage system of the City of Jamestown or such part or parts
thereof. In those instances where it is determined to be impracticable
or impossible to meter water consumption, contribution to the sewerage
system or such part or parts thereof shall be by monitored system
as measured by a meter approved by the Director of Public Works and
installed at the expense of the property owner at a point where the
sewage or industrial waste exits the premises served and enters the
sewerage system of the City of Jamestown. For industrial users where
it is impracticable or impossible to utilize a system based upon water
consumption or a monitored system, the attributed flow to the sewerage
system shall be based upon 3.35 cubic feet (25 gallons) of water contributed
per day per occupant or employee of the premises so affected.
B.
A monthly service charge is hereby assessed to all
users of the sewer system who are connected to the City of Jamestown
water system, which monthly service charge shall be based upon the
size of the water meter servicing each individual residential, commercial
and industrial connection to the City of Jamestown water system. Said
basic service charge per meter size per month shall be as follows:
[Amended 1-23-1989 by L.L. No. 1-1989; 6-11-1990 by L.L. No. 2-1990; 12-12-1994 by L.L. No.
8-1994; by L.L.
No. 3-2001; by L.L. No. 10-2003; 12-18-2006 by L.L. No. 4-2006]
|
Meter Size
(inches)
|
Effective
January 1, 2007
|
Effective
January 1, 2009
| |
|---|---|---|---|
|
5/8
|
$3.30
|
$3.59
| |
|
3/4
|
$3.30
|
$3.59
| |
|
1
|
$3.30
|
$3.59
| |
|
1 1/2
|
$4.29
|
$4.68
| |
|
2
|
$6.59
|
$7.19
| |
|
3
|
$13.19
|
$14.38
| |
|
4
|
$22.42
|
$24.44
| |
|
6
|
$48.80
|
$53.19
| |
|
8
|
$85.73
|
$93.44
| |
|
10
|
$133.21
|
$145.20
|
[Amended 1-11-1988 by L.L. No. 1-1988; 8-26-2013]
To provide for the operation and maintenance
of the sewerage system of the City of Jamestown and to provide for
debt retirement expenses required for the design and construction
of the sewerage system of the City of Jamestown among the contributors
who benefit by its use, an annual sewer rent payable by monthly installments
shall be assessed to such contributors by the City of Jamestown through
its Board of Public Utilities. Each contributor shall be notified
at least annually in conjunction with a regular bill of the rate and
portion of sewer rents for wastewater treatment and debt retirement
as per 40 CFR 35.929-2(f).
[Amended 8-26-2013]
The City of Jamestown, through its Board of Public Utilities, shall by resolution, prior to April 1 of each year establish the sewer rent and contributor rate per 100 cubic feet of water consumed for that year. The annual sewer rent and contributor rate shall be established by utilization of the provisions and formulas set forth in Article I, Wastewater Charges and Debt Retirement Apportionment, of this chapter.
[Amended 1-11-1988 by L.L. No. 1-1988]
Each contributor's annual sewer rent shall be
paid in monthly installments due and payable no later than 15 days
from the billing date. Each monthly installment shall be billed simultaneously
with each contributor's water bill to the contributor in whose name
the water account is listed with the Board of Public Utilities of
the City of Jamestown. Contributors who receive no water bill or are
monitored or attributable contributors shall be billed monthly, and
such bills shall be mailed to the owner or occupant of the real property
wherein contribution is monitored or attributable. Such bills likewise
shall be due and payable no later than 15 days from the billing date.
[Amended 8-28-2017; 11-25-2019; 12-28-2020]
All sewer rentals not paid within 15 days of
the billing date as herein provided shall have a penalty in the amount
of 1 1/2% per month on the unpaid principal balance added to
the bill. The City Clerk/Treasurer shall collect all sewer rents established
hereunder, and any unpaid bills, including penalties, shall be included
in the annual tax levy against the real property parcels in default,
notwithstanding the fact that the bill or bills were unpaid by tenants
or other nonowners of the real property parcel so affected. Such amount
of sewer rents, together with penalties thereon, as remain unpaid
for a period of 60 days shall be collected and enforced in the same
manner and at the same time as provided by law for the collection
and enforcement of real property taxes.
Any user of the sewerage system of the City
of Jamestown that discharges toxic wastes which cause increased treatment
and handling costs will be required to pay such costs pursuant to
40 CFR 35.929-2(c).
[Amended 8-26-2013]
The City of Jamestown, through its Board of
Public Utilities, shall review not less often than every two years
the wastewater contributions and the total cost of operation and maintenance
and revise this article as needed to meet the requirements of 40 CFR
35.929-2(b)(1) through (3).
All revenues derived from the sewer rents hereby
imposed shall be credited to a Sewer Fund established by the City
of Jamestown. Moneys in such funds shall be used only in the manner
and for the purposes specified and in the order required by the Sewer
Rent Law of the State of New York.[1]
[1]
Editor's Note: See General Municipal Law § 450
et seq.
