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Town of Cheektowaga, NY
Erie County
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Table of Contents
Table of Contents
Charges and fees for the use of the POTW shall be based upon the actual use of such system or contractual obligations for a level of use in excess of current actual use. Property value may be used to collect the amount due as permitted by federal law.
A. 
The sources of revenues for operation and maintenance of the POTW shall be sewer use charges and surcharges to owners of any real property served or required to be served by the POTW.
B. 
All users of the POTW, including tax exempt properties, must pay sewer use charges and surcharges.
A. 
The sewer use charge shall mean a scale of charges established and imposed by the Town for the use of the POTW.
B. 
The amount of such sewer use charge shall be based on wastewater discharged to the system and will be levied and collected annually.
C. 
For properties with water meters, the sewer use charge will be assessed as a rate against the water consumption, except where water meter readings do not provide a reasonable estimate of wastewater discharge to the POTW as provided for in § 198-56G of this article.
D. 
For nonmetered properties, the charge will be fixed from time to time, by resolution of the Town Board.
E. 
Where water from other sources, including but not limited to private wells, surface water intakes and water extracted during a manufacturing process, is present in the wastewater discharge to the POTW, the user shall notify the Town of this (these) source(s).
F. 
When required by the Town Engineer, the owner of any property served by the POTW shall provide information, suitable access and such necessary meters and other appurtenances as required to determine the actual wastewater discharge to the POTW. Any facilities required shall be provided, operated and maintained at the owner's expense.
G. 
When, in the opinion of the Town Engineer, there is sufficient information to determine that the water meter readings do not represent a reasonable estimate of the actual wastewater discharge to the POTW, the Town Engineer may adjust an owner's sewer use charge to represent the actual wastewater discharge to the POTW.
A. 
The sewer use surcharge shall mean charges established and imposed by the Town for the discharge of abnormal strength sewage to the POTW.
B. 
The amount of such sewer use surcharge shall be based on the additional operation and maintenance costs of the POTW due to the abnormal strength sewage.
C. 
For users with abnormal strength sewage, a sewer use surcharge will be assessed as a rate per pound of pollutant discharged to the POTW in excess of the limits set for normal domestic sewage.
A. 
Sewer use charges and surcharges, which are not paid on or before the due date, shall bear a penalty of 1% per month. If such amount remains unpaid when due, the Town Clerk shall certify the amount due and payable to the Town who shall levy the same as taxes and add such charges and penalties to the succeeding tax roll of the Town. Such tax shall be collected and enforced in the same manner and at the same time as provided for the collection and enforcement of taxes and it shall be the duty of the Town Clerk to charge and collect interest thereon at the same rate specified for the collection of Town taxes. Such sewer use charges shall constitute a lien upon the real property served by the POTW and such lien shall be prior and superior to any other lien or claim except the lien of an existing tax, assessment or other lawful charge.
B. 
All wastewater service may be disconnected without further notice if the charges for such services are not paid within 30 days after rendition of the final bill therefor.
The Town shall review annually the wastewater contributions, total costs of operation and maintenance and user charge and surcharge systems and make necessary revisions to meet requirements of 40 CFR 35.929-2(b)(1) to (3).