[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:
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UC(t) = UC(n) + UC(an)
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|---|---|---|---|
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Where:
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|
UC(t)
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=
|
Total user charge for POTW operation and maintenance
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|
UC(n)
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=
|
User charge associated with normal sewage
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|
UC(an)
|
=
|
User charge associated with abnormal sewage
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|
UC(n)
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=
|
OM X (OQ/100) X (QIA/QA)
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|
UC(an)
|
=
|
OM { [OB/100 X (BIA-Bn)/BA] +
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|
[OS/100 X (SIA-Sn)/SA] +
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|
[OP/100 X (PIA-Pn)/PA] +
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[ONH/100 X (NHIA-NHn)/NHA] +
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[OTK/100 X (TKIA-TKn)/TKA] }
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Where:
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|
OM
|
=
|
Total annual POTW operation and maintenance
costs
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|
OQ
|
=
|
Percentage of OM attributable to flow (Q)
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|
OB
|
=
|
Percentage of OM attributable to BOD5
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|
OS
|
=
|
Percentage of OM attributable to suspended solids
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|
OP
|
=
|
Percentage of OM attributable to total phosphorus
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|
ONH
|
=
|
Percentage of OM attributable to ammonia
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|
OTK
|
=
|
Percentage of OM attributable to total Kjeldahl
nitrogen
| |
|
QIA
|
=
|
Average daily flow rate (MGD) from discharger
| |
|
BIA
|
=
|
Average daily BOD5 loading (LB/DAY) from discharger
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|
SIA
|
=
|
Average daily suspended solids loading (LB/DAY)
from discharger
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|
PIA
|
=
|
Average daily total phosphorus loading (LB/DAY)
from discharger
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|
NHIA
|
=
|
Average daily ammonia loading (LB N/DAY) from
discharger
| |
|
TKIA
|
=
|
Average daily total Kjeldahl nitrogen loading
(LB N/DAY) from discharger
| |
|
QA
|
=
|
Average daily flow rate (MGD) at the POTW treatment
plant
| |
|
BA
|
=
|
Average daily BOD5 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
| |
|
NHA
|
=
|
Average daily total ammonia loading (LB N/DAY)
at the POTW treatment plant
| |
|
TKA
|
=
|
Average daily total Kjeldahl nitrogen loading
(LB N/DAY) at the POTW treatment plant
| |
|
Bn
|
=
|
BOD5 loading (LB/DAY) in discharge if it were
normal sewage
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|
Sn
|
=
|
Suspended solids loading (LB/DAY) in discharge
if it were normal sewage
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|
Pn
|
=
|
Total phosphorus loading (LB/DAY) in discharge
if it were normal sewage
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|
NHn
|
=
|
Ammonia loading (LB N/DAY) in discharge if it
were normal sewage
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|
TKn
|
=
|
Total Kjeldahl nitrogen loading (LB N/DAY) in
discharge if it were normal sewage
| |
|
NOTES:
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|---|
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If any difference terms in the equation above
is negative, then that portion of the equation shall not be used;
that is, the difference shall be set to zero when it is negative.
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|
All averages are arithmetic averages determined
from available data during the billing period.
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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:
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.
I.
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:
A.
For the payment of the operation and maintenance,
including repair and replacement costs of the Village 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 Village POTW; and
D.
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.
A.
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.
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.
C.
Classification of old and new industrial users should
also be reviewed annually.
D.
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.
