[Adopted 11-26-1979 by L.L. No. 6-1979 (Ch. 146 of the 1975 Ogdensburg Municipal Code)]
Pursuant to the authority granted by Article 14-F of the General Municipal Law of the State of New York, the City Council of the City of Ogdensburg does hereby establish a scale of rents to be called "sewer rents" which are hereby levied and assessed against every lot, parcel of land, building or premises now or hereafter having any connection with the sewer system of said City or otherwise discharging domestic sewage, commercial and industrial waste, water or other liquids either directly or indirectly into the sanitary sewer system of the City, the revenue from which shall be used for the payment of the cost of operations, maintenance and repairs of the sewer system or such part or parts thereof for which sewer rents have been and are hereby established and imposed, the interest on and amortization of, payment of, indebtedness which has been or shall be incurred for the construction and repair of the sewer system or such parts or part thereof for which sewer rents have been and are established or imposed (other than indebtedness, and the interest thereon, which is to be paid in the first instance from assessments upon benefited real property) and 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 such sewer systems or a part or parts thereof.
A. 
City resident users. In addition to any and all fees and charges provided by law, the owner of any parcel of real property within the City limits connected with the sewer system of the City of Ogdensburg shall pay a sewer rent for the use of such sewer system based upon consumption of water, both metered or flat rate, to said premises in an amount to be fixed and determined as hereinafter provided.
B. 
Nonresident users. In order that property lying outside the corporate limits of the City of Ogdensburg being served by its sewage disposal system shall bear proportionate share of the cost of such system, the charge made for such property shall be determined by the City Council as hereinafter provided and as authorized by § 451, Subdivision 1, of the General Municipal Law, such charge to be collected and the collection enforced as herein provided for other rental charges.
C. 
User whose water source is not from City water system. For the purpose of determining the amount to be charged, premises using the sewer system whereon the water used is derived in whole or in part from sources independent of the City water system such water shall be measured by a City water meter or by a meter acceptable to the City Engineer, to be installed and maintained by the owner or occupant thereof, at his own cost, and subject to the supervision, control and inspection by said City Engineer. The sewer rent charged against such property shall be determined by the metered consumption of water used on said premises regardless of the source from which supplied according to the schedule herein and hereinafter adopted by the City Council. Whenever the owner or occupant fails to install such meter or when the City Council finds it impractical to insist upon such meter, the City Council may accept the report of said property owner as to the amount of water used on said premises or the City Council may fix and determine the amount ordinarily consumed upon said premises by such method as it may find practicable in the light of the conditions and attendant circumstances of the case, in order to determine the sewer rental charge, all in accordance with corresponding rates assessed against other similar property.
The City Council shall have power to make and enforce such general rules and regulations, both as to public and private water supply, for the collection, rebating and refunding or adjustment of such charges for any reason, including diversion of water from the sewer system as may be reasonably necessary to avoid injustice, to the end that all property discharging sewage in the sewer system will bear its equitable proportionate share with other property of the cost of construction, operation, maintenance and repairs of said sewer system or any extension, enlargement, replacement or additions to such sewer system or any part or parts thereof.
All revenues derived from the sewer rents imposed hereunder, together with all penalties and interest thereon, shall be kept by the City Comptroller in a separate account to be known as the "Sewer Rent Fund" to be deposited and used as provided by § 453 of the General Municipal Law.
[Last amended 12-16-2019 by L.L. No. 6-2019]
The following rates for sewer rents are hereby fixed and established for every lot, parcel of land, building or other premises now or hereafter being charged at a metered rate for sewer service within the City of Ogdensburg, New York, effective the first billing date after January 1, 2020:
Meter Size
(inches)
Water Allowed
(gallons)
Minimum Quarterly Charge
5/8
16,300
$107.50
3/4
21,800
$143.50
1
32,700
$215
1 1/4
43,600
$286.75
1 1/2
54,500
$358.50
2
109,000
$716.75
3
163,600
$1,075
4
218,100
$1,433.50
$6.57 per 1,000 gallons of water used
[Last amended 12-16-2019 by L.L. No. 6-2019]
The following schedule of rates for sewer rents is hereby fixed and established for every lot, parcel of land, building or premises now or hereafter being charged at a flat rate for sewer service within the City of Ogdensburg, New York, effective the first billing date after January 1, 2020:
A. 
Single-family residence, per year: $430.
B. 
Multifamily residence, for each family unit or each tenant, per year: $430.
C. 
Combination residential/commercial, for each individual unit, per year: $430.
D. 
Apartment houses, for each individual unit: $430.
E. 
Rooming houses (private homes with additional rooms to rent or commercial rooming houses):
(1) 
Minimum annual rent: $430.
(2) 
Additional rooms to hire (annual rent): $107.50.
The sewer rent rate for any lot, parcel of land, building or other premises located outside the corporate limits of the City of Ogdensburg and serviced by the wastewater collection and treatment facilities of the City of Ogdensburg shall be the same rate as that charged for the equivalent type of structure within the corporate limits of the City.
A. 
Any user of the City wastewater treatment facilities who contributes high-strength wastewater shall pay a surcharge, the measure of which is normally the concentration of biochemical oxygen demand (BOD) and suspended solids (SS) above a certain limit. A regular sampling and analysis program will be instituted on the wastewater from those users with suspected high-strength wastes in order to obtain data to determine the magnitude of the surcharge (if any).
B. 
Table A shows the system whereby the surcharge is calculated when concentrations above 300 parts per million BOD and 350 parts per million SS are found from sampling and analysis. The sampling and analysis program, including the calculations, will be geared to a quarterly surcharge rather than monthly, although sampling once each week provides more consistent and reliable data.
Table A
Table of Surcharges for High-Strength Waste Wastewater Treatment Facilities Ogdensburg, New York
Range of BOD
(parts per million)
Range of SS
(parts per million)
Percent of Normal Charge
0 to 600
0 to 700
(no surcharge)
600 to 700
700 to 800
5%
700 to 800
800 to 900
10%
800 to 900
900 to 1,000
15%
900 to 1,000
1,000 to 1,100
20%
1,000 to 1,100
1,100 to 1,200
25%
1,100 to 1,200
1,200 to 1,300
30%
[Etc., each increment of 100 parts per million of BOD or SS accompanied by 5% increase in charge.]
A. 
Metered premises. Where water is supplied by the City on a metered rate, meters shall be read periodically (not less frequently than quarterly) and the charges shall be payable upon rendering of bills to the owners of the City Comptroller.
B. 
Unmetered premises. Where water is supplied by the City on a flat rate, the sewer rent established by this Part 1 shall become due and payable on the fifth day of February and August of each year.
[Amended 5-10-1982 by L.L. No. 2-1982]
C. 
Payment period; penalties; enforcement. Each such installment shall be paid to the City Comptroller within a period of 30 days after it is due and payable. If said sewer rent is not paid within said 30 days, a penalty of 10% for nonpayment of said sewer rents shall be assessed and collected. It is hereby made the duty of the City Comptroller to collect such penalties for failure to pay the sewer rental charge when due.
(1) 
Where water is not supplied by the City, the sewer rent established by this Part 1 shall be payable upon rendering of bills to the owners by the City Comptroller. If such charge is not paid when due it shall be subject to the same penalty as above and the City Comptroller is hereby required to collect such penalty. In the event that any bill for sewer rent for premises where water is not supplied by the City of Ogdensburg is not paid within 30 days after rendering thereof, said City Comptroller shall certify the same, together with such penalty, and the same shall be collected and the collection thereof enforced in the same manner in all respects as City, county and state taxes and they shall be added to said taxes subject to like penalty, costs and interest charges.
(2) 
All sewer rents for premises using City water shall be payable, collectible and enforceable in the manner provided by law for the collection of City taxes and when remaining unpaid shall be added to the annual City taxes or state and county tax on the property to and for which sewer service was furnished and rendered.
The claims for refunds of flat-rate sewer rents on whatever basis shall first be approved by the City Comptroller. Claims for refunds shall not be allowed for a longer period than one year from the date such claims are filed and, in no event, shall claims for refunds for less than 1/4 of a year be allowable.
A. 
Under the ICR system, industrial users of the wastewater collection and treatment facilities will be charged for the portion of the federal grant amount applicable to the treatment of their wastes. An "industrial user" is defined as a nongovernmental nonresidential user discharging more than the equivalent of 25,000 gallons per day (gpd) of sanitary wastes and identified in the Standard Industrial Classification Manual 1972, under Division A, B, G, E or I. In determining the amount of discharge for ICR purposes, the City, at its option, may include or exclude the strictly domestic-type discharge from such users. If the domestic type discharge is excluded and the remaining amount of discharge is greater than the equivalent of 25,000 gpd of sanitary wastes, the user is then considered to be an industrial user. Also, any user discharging toxic materials into the sewers in sufficient quantities to affect the treatment of the waste stream or the ultimate processing and disposal of sludge is considered to be an industrial user. Regulations outlining the ICR system requirements, including the preceding definitions, appear in United States Environmental Protection Agency (USEPA) regulations as published in the Federal Register of September 27, 1978.
B. 
Under the present USEPA system, users who are classified as industrial users are required to repay their share of the federal grant amount in addition to any user charges. The federal grant is normally 75% of the total, eligible capital cost of the project. (Costs related to the detection, rehabilitation and treatment of excessive infiltration/inflow to the sewer system are not included.)
C. 
Industrial users will be charged based on their relative waste contributions to the plant. The following format shall be used to calculate the ICR charges:
Where:
IC
=
Annual charge to a specific industrial user for industrial cost recovery (dollars).
Fa
=
Average daily flow from an industrial user throughout the year (gallons per day) (determined by metering flow to the municipal sewers).
Fc
=
Average daily flow capacity at treatment plant (gallons).
Gf
=
Portion of total federal grant amount allocated to flow (dollars).
BODa
=
Average daily biochemical oxygen demand (BOD) input from the industrial user's waste throughout the year (pounds per day) (determined by regular sampling and analysis of industrial discharge).
BODc
=
Average daily biochemical oxygen demand capacity at treatment plant (pounds per day).
Gb
=
Portion of total federal grant amount allocated to BOD (dollars).
SSa
=
Average daily suspended solids input from the industrial user throughout the year (pounds per day) (determined by regular sampling and analysis of industrial discharge).
SSc
=
Average daily suspended solids capacity of the treatment plant (pounds per day).
Gs
=
Portion of total federal grant amount allocated to suspended solids (dollars).
NOTE: Total federal grant amount = Gf = Gb = + Gs
D. 
Any industry which contributes the following approximate amounts would be subject to ICR:
(1) 
ICR (flow): 25,000 gpd or greater.
(2) 
ICR (BOD): 43,000 pounds per day or greater.
(3) 
ICR (SS): 50 pounds per day or greater.
E. 
The City may exclude inputs from strictly sanitary conveniences located within the industry, using the following amounts:
(1) 
Sanitary flow = (number of workers) x 40 gallons per day per worker.
(2) 
Sanitary BOD = (number of workers) x 0.8 pounds per day per worker.
(3) 
Sanitary SS = (number of workers) x 0.94 pounds per day per worker.
F. 
Calculated sanitary parameter levels are subtracted from measured total industrial (sanitary and process) levels to obtain ICR parameter levels. If any of the three ICR parameter levels are higher than the minimum ICR parameter levels listed above, the user is considered to be an industrial user and is subject to ICR charges.
G. 
Moneys collected by the City under the ICR program must be allocated in the following manner:
(1) 
50% of the ICR moneys collected and all accrued interest may be returned to the Federal Treasury by way of the United States Environmental Protection Agency.
(2) 
40% of the ICR moneys collected must be retained by the City to be used for upgrading or expanding the sewerage works to meet applicable pollution discharge requirements in the future.
(3) 
The remaining 10% may be used in any manner the City sees fit, provided that it is not used for rebates to industries or the construction of pretreatment works.
H. 
Industrial cost recovery charges are hereby suspended until their imposition is mandated by the federal government.