[Amended 3-4-2009 by L.L. No. 1-2009]
All persons discharging or depositing wastes 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, and which charge shall be determined by resolution of the Village of Brewster Board of Trustees from time to time, after a public hearing, and filed with the Village Clerk.
All persons discharging or depositing wastes with concentrations in excess of the pollutant concentrations in normal sewage shall pay a surcharge.
[Amended 3-4-2009 by L.L. No. 1-2009]
The total sewer service charge (which shall be called the "user charge") is comprised of two parts, as follows:
The service area of the POTW may be segmented to assist in a fair distribution of user charges, especially if there is a pump station serving a segment.
The volume of flow to be used in computing sewer service charges and abnormal sewage surcharges shall be based upon metered water consumption as shown on the records of meter readings maintained by the Village Water Department. In the event that a person discharging wastes into the POTW produces evidence to the Superintendent demonstrating that a substantial portion of the total amount of metered water does not reach the POTW, then the Superintendent 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. The Superintendent may 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 Superintendent and shall be installed, maintained and periodically tested as required by the Superintendent, at the owner's expense. All such meters and/or flow measuring devices shall be subject to periodic inspection, testing and reading by the Superintendent. 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 Superintendent, at the owner's expense.
Sewer rents will be billed on a periodic basis established at the discretion of the Village Clerk with consideration of the best interests of the residents and approval of the Village of Brewster Board of Trustees.
The additional charges and fees associated with the operation of the pretreatment program shall be assessed the user, and include:
Reimbursement of costs of setting up and operating the pretreatment program.
Monitoring, inspections, and surveillance procedures.
Costs of equipment and supplies.
Reviewing accidental discharge procedures.
Application for consistent removal status as outlined in 40 CFR 403.
Other reasonable expenses to carry out the program to satisfy the requirements of this Part 2, the NYSDEC, and the federal government.
The Village 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.
The POTW shall be operated on the basis of a fiscal year commencing on the first day of June and ending on the 31st day of May.
The Village of Brewster Board of Trustees shall have the authority to impose impact fees on new development, which development may:
Revenues derived from user charges and associated penalties, and impact fees, shall be credited to a special fund. Monies in this fund shall be used exclusively for the following functions:
For the payment of the operation and maintenance, including repair and replacement costs of the Village POTW;
For the discovery and correction of inflow and infiltration;
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 Village POTW; and
For the extension, enlargement, replacement of and/or additions to the Village POTW, including any necessary appurtenances.
Revenues received or to be received from the City of New York toward the annual contribution for the operation and maintenance of the POTW shall be credited against that annual actual or projected operation and maintenance cost of the POTW for normal sewage discharge.
The Village 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 Village 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.
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.
The Village 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.