[Amended 11-5-1997 by Ord. No. 97-04]
A.
In addition to any other fees, charges or sewer rents
provided by law, the owner or tenant of any parcel of real property
connected with the sewer system, including but not limited to real
property connected with the sewer system by means of a private sewer
or drain emptying into the sewer system, shall pay a sewer use charge
for the use of the sewer system for discharging any industrial or
domestic waste and other wastes accepted for admission thereto.
B.
Charges listed in this article shall apply to all
sewer users who have a discharge to the sewer system. This shall include
residences, commercial establishments, and industries.
C.
Acceptance of a commercial or industrial discharge into the sewer system is contingent upon receipt by the City Engineer the information required by § 139-99.
D.
The owner of real property shall comply with all provisions of this Part 3. The charge for a significant industrial user (SIU) shall be based upon the SIU's percentage contributions of various parameters to the POTW. These percentages shall be based on the pollutant concentration as determined by chemical analyses of the samples taken in accordance with this article. In case of toxic or prohibited wastes discharged by a tenant of any building or any parcel of real property, as determined by chemical analyses of samples taken, the City Engineer may hold either the tenant or the owner or both, responsible for failure to comply with any provisions of these rules and regulations applicable to toxic and prohibited waste discharge.
[Amended 11-5-1997 by Ord. No. 97-04]
All persons discharging or depositing normal sewage into the public sewers shall pay a sewer service charge proportional to the liquid volume of waste so deposited, which charge shall be collected as a sewer rent. A significant industrial user shall pay a sewer service charge as determined by § 139-145 of the article, which charge shall cover the cost of treating both the normal and abnormal sewage components of its discharge into the POTW.
[Amended 1-7-1997 by Ord. No. 97-01; 11-5-1997 by Ord. No. 97-04]
A.
In accordance with the principles for the user charge
established by Section 204(b)(1) of P.L. 92-500, a sewer use charge
shall be computed by City Engineer using the following formula:
|
UC(i) = B/1200 * [(BB * BIA) + (BS * SIA) + (BP * PIA) + (BN * NIA) + BF * FIA)]
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|
BA
|
SA
|
PA
|
NA
|
FA
| |
|
Where
| |||
|---|---|---|---|
|
UC(i)
|
=
|
Total monthly sewer service charge
| |
|
B
|
=
|
Annual O&M plus applicable debt service
costs
| |
|
BB
|
=
|
Percent of POTW budget attributable to the treatment
of BOD
| |
|
BS
|
=
|
Percent of POTW budget attributable to the treatment
of suspended solids
| |
|
BP
|
=
|
Percent of POTW budget attributable to the treatment
of total phosphorus
| |
|
BN
|
=
|
Percent of POTW budget attributable to the treatment
of TKN
| |
|
BF
|
=
|
Percent of POTW budget attributable to the treatment
of flow
| |
|
BIA
|
=
|
Average daily BOD loading (lb/day) from POTW
user
| |
|
SIA
|
=
|
Average daily suspended solids loading (lb/day)
from POTW user
| |
|
PIA
|
=
|
Average daily total phosphorus loading (lb/day)
from POTW user
| |
|
NIA
|
=
|
Average daily TKN loading (lb/day) from POTW
user
| |
|
FIA
|
=
|
Average daily flow from POTW user
| |
|
BA
|
=
|
Average daily BOD loading (lb/day) at the POTW
treatment plant
| |
|
SA
|
=
|
Average daily suspended solids loading (lb/day)
at the POTW treatment plant
| |
|
PA
|
=
|
Average daily total phosphorus loading (lb/day)
at the POTW treatment plant
| |
|
NA
|
=
|
Average daily TKN loading (lb/day) at the POTW
treatment plant
| |
|
FA
|
=
|
Billable flow1
| |
|
NOTES:
| |||
|
1 Billable flow is
defined to mean the total of the following:
| |||
|
(a)
|
Annual sum of the metered water consumption
for all users of the City of Oneida POTW, with the exception of significant
industrial users, for the preceding calendar year divided by 12;
| ||
|
(b)
|
Sum of the actual wastewater flow for the month
being invoiced from all significant industrial users; and
| ||
|
(c)
| |||
B.
The sewer use charge shall be applied to the user
on user's water bill and shall be distinctly denoted as "sewer use."
Charges for the first charge period shall be based on estimated operation
and maintenance costs for those periods and the anticipated water
consumption. Rates shall be adjusted as required to keep the charges
at levels which will fully reimburse the total operation and maintenance
costs to the City, but at the same time will not create excess revenue
over and above actual operation costs and capital costs as stated
below.
C.
Consistent with General Municipal Law § 453 and § 139-10 of this chapter, nothing herein shall prevent the inclusion within the sewer use charge of an additional amount sufficient to pay for capital improvements, including replacement of sewers, treatment plant additions and sewer extensions, and principal and interest on obligations incurred therefor.
[Amended 11-5-1997 by Ord. No. 97-04]
The volume of flow to be used in computing sewer
service charges for SIUs and non-SIUs shall be based upon metered
water consumption as shown on the records of meter readings maintained
by the City Water Department. In the event that a person discharging
wastes into the POTW produces evidence to the City Engineer demonstrating
that a substantial portion of the total amount of metered water does
not reach the POTW, then the City Engineer shall either establish
a percentage of the total metered water to be used as a basis for
such computations, or direct the installation of appropriate flow
measuring (and totalizing) devices to measure and record the actual
amount of flow into the POTW. In the event that a person discharging
wastes into the POTW procures all or part of his water supply from
unmetered sources, the City Engineer shall either direct the installation
of water meters on the other sources of water supply, or direct the
installation of appropriate flow measuring devices to measure and
record the actual amount of flow into the POTW. Any water meters and/or
flow measuring devices installed pursuant to this section shall be
of a type and design acceptable to the City Engineer and shall be
installed, maintained, and periodically tested as required by the
City Engineer, at the owner's expenses. All such meters and/or flow
measuring devices shall be subject to periodic inspection, testing,
and reading by the City Engineer. Any person discharging wastes into
the POTW may install a flow measuring device at his option, of the
type, design, installation, and maintenance standards of the City
Engineer, at the owner's expense.
[Amended 11-5-1997 by Ord. No. 97-04]
A.
The pollutant concentration of any wastewater shall usually be determined from representative samples discharged to the public sewers, taken by representatives of the City Engineer at sampling stations as described under § 139-108, at any period, or time, or of such duration and in such a manner as the City Engineer may elect, or at any place or manner mutually agreed upon between the person and the City Engineer. The intent of any sampling procedure is to establish the pollutant concentration in the wastewater discharged during an average or typical working day. This concentration may be derived, according to the best judgment of the City Engineer, by combining repeated subsamplings during one day, or by combination of a series of such days.
B.
The analyses of samples taken shall be performed in
the laboratory certified by the New York State Department of Health
Environmental Laboratory Approval Program. Sampling and analytical
frequency shall be determined by the City Engineer.
C.
In the event that the pollutant concentration of the
waste discharged from a premises to a public sewer as determined under
the above provisions is disputed by a person, a program of resampling
may be instituted by the City Engineer. In such cases the user may
split samples and perform analyses independent of the City Engineer
as long as all ELAP certifications can be verified. The results of
the resampling and reanalysis shall be considered to be the current
analysis of the wastes discharged to the sewer system and shall be
used for determining the sewer service charge and/or acceptability
of the wastes.
The billing period shall be monthly for SIUs
and as established by the City Water Department for non-SIU's.
The additional charges and fees associated with
the operation of the pretreatment program shall be assessed the user
and include:
A.
Reimbursement of costs of setting up and operating
the pretreatment program;
B.
Issuing permits;
C.
Monitoring, inspections, and surveillance procedures;
D.
Costs of equipment and supplies;
E.
Reviewing accidental discharge procedures;
F.
Construction inspections;
G.
Filing appeals;
H.
Application for consistent removal status as outlined
in 40 CFR 403; and/or
I.
Other reasonable expenses to carry out the program
to satisfy the requirements of this Part 3, the NYSDEC, and the federal
government.
The charge for treatment and disposal of trucked
or hauled waste which has been introduced into the POTW shall be as
established by the Common Council. The manner of determining the volume
dumped shall be at the discretion of the City Engineer.
The City may institute an equitable procedure
for recovering the costs of any capital improvements of those parts
of the POTW which collect, pump, treat, and dispose of industrial
wastewaters from those persons discharging such wastewaters into the
POTW.
[Amended 11-5-1997 by Ord. No. 97-04]
The POTW shall be operated on the basis of a
fiscal year commencing the first day of January and ending on the
31st day of December.
Revenues derived from user charges and associated
penalties, and impact fees, shall be credited to a special fund. Moneys
in this fund shall be used exclusively for the following functions:
A.
For the payment of the operation and maintenance,
including repair and replacement costs of the City POTW;
B.
For the discovery and correction of inflow and infiltration;
C.
For the payment of interest on and the amortization
of or payment of indebtedness which has been or shall be incurred
for the construction or extension of the City of Oneida POTW; and
D.
For the extension, enlargement, replacement of, and/or
additions to the POTW, including any necessary appurtenances.
A.
The City shall maintain and keep proper books of records
and accounts for the POTW, separate from all other records and accounts,
in which shall be made full and correct entries of all transactions
relating to the POTW. The City will cause an annual audit of such
books of record and account for the preceding fiscal year to be made
by a recognized independent certified public accountant, and will
supply such audit report to authorized officials, and the public,
on request.
B.
In conjunction with the audit, there shall be an annual
review of the sewer charge system to determine if it is adequate to
meet expenditures for all programs for the coming year. Classification
of old and new industrial users should also be reviewed annually.
C.
The City shall maintain and carry insurance on all
physical properties of the POTW, of the kinds and in the amounts normally
carried by public utility companies and municipalities engaged in
the operation of sewage disposal systems. All moneys received for
losses under any such insurance policies shall be applied solely to
the replacement and restoration of the property damaged or destroyed.
