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Town of New Paltz, NY
Ulster County
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Table of Contents
Table of Contents
Sewer charges shall be used for deriving revenues for financing and maintaining sewage collection and treatment facilities. The funds derived from these charges shall be used for all municipal expenses associated with constructing, improving or maintaining a sewerage system, including engineering, planning, construction, reconstruction of sewers and sewage treatment works and all necessary appurtenances thereto, including pumping stations, extensions, enlargement, replacement or additions to the sanitary sewer systems or the preliminary or other studies and surveys relative thereto, and for the acquisition of land or rights-of-way for any of the capital improvements.
Sewer use charges shall be charged to owners of properties located within or without the district boundaries who contribute sewage to the public sewers.
A. 
The following items will be funded by the sewer use charges:
(1) 
The payment of the cost of operations, maintenance and repairs of the sewer system or such part or parts thereof for which sewer charges have been established and imposed.
(2) 
The payment of the interest on and amortization of or payment of indebtedness which has been or shall be incurred for the construction of the sewer system or such part or parts thereof for which sewer charges have been established and imposed (other than indebtedness and the interest thereon, which is to be paid in the first instance from assessments upon benefited real property).
(3) 
The construction of the sewage system disposal works with necessary appurtenances, including pumping stations, or for the extension, enlargement or replacement of or additions to such sewer systems or part or parts thereof.
(4) 
The cost charged by the Village of New Paltz on the sewer district for the collection, conveyance and equipment replacement and treatment of the sewer district's sanitary sewer.
B. 
At such time when residential and other units are served by metered systems, the charges for usage for items set forth in Subsection A of § 113-33 above shall be charged on the measured amount of water used, at such rates per gallon or cubic foot as the Town Board of the Town of New Paltz may establish from time to time.
C. 
The sewer use charges provided herein are charges in addition to any sewer assessments that may be levied from time to time against real property within the sanitary sewer district.
Sewer use charges shall be charged to owners of properties located within or without the district boundaries who contribute sewage to the public sewers.
A. 
The following items will be funded by the sewer use charges:
(1) 
The payment of the cost of operations, maintenance and repairs of the sewer system or such part or parts thereof for which sewer charges have been established and imposed.
(2) 
The payment of the interest on and amortization of or payment of indebtedness which has been or shall be incurred for the construction of the sewer system or such part or parts thereof for which sewer charges have been established and imposed (other than indebtedness and the interest thereon, which is to be paid in the first instance from assessments upon benefited real property).
(3) 
The construction of the sewage system disposal works with necessary appurtenances, including pumping stations, or for the extension, enlargement or replacement of or additions to such sewer systems or part or parts thereof.
(4) 
The cost charged by the Village of New Paltz on the sewer district for the collection, conveyance and equipment replacement and treatment of the sewer district's sanitary sewer.
B. 
At any time when residential and other units are served by metered systems, the charges for usage for items set forth in Subsection A of § 113-34 above shall be charged on the measured amount of water used, at such rates per gallon or cubic foot as the Town Board of the Town of New Paltz may establish from time to time.
C. 
The sewer use charges provided herein are charges in addition to any sewer assessments that may be levied from time to time against real property within the sanitary sewer district.
[Amended 8-19-2004 by L.L. No. 5-2004]
Sewer use charges shall be charged to owners of properties located within or without the district boundaries who contribute sewage to the public sewers.
A. 
The following items will be funded by the sewer use charges:
(1) 
The payment of the cost of operations, maintenance and repairs of the sewer system or such part or parts thereof for which sewer charges have been established and imposed.
(2) 
The payment of the interest on and amortization of or payment of indebtedness which has been or shall be incurred for the construction of the sewer system or such part or parts thereof for which sewer charges have been established and imposed (other than indebtedness and the interest thereon, which is to be paid in the first instance from assessments upon benefited real property).
(3) 
The construction of the sewage system disposal works with necessary appurtenances, including pumping stations, or for the extension, enlargement or replacement of or additions to such sewer systems or part or parts thereof.
B. 
At any time when one-family homes, two-family homes, including one-family homes with an accessory apartment, and mobile homes are served by metered systems, the charges proportional to usage for items set forth in Subsection A of § 113-36 above shall be charged on the measured amount of water used, at such rates per gallon or cubic foot as the Town Board of the Town of New Paltz may establish from time to time.
C. 
All other users shall be charged based on water use as measured through the individual user water supply meter or sewer use as measured through the individual user sewer usage meter proportional to usage for items set forth in Subsection A of § 113-36 above, at such rates per gallon or cubic foot as the Town Board of the Town of New Paltz may establish from time to time.
D. 
Nothing herein contained shall be deemed to prohibit the Town from entering into separate or special agreements with owners of improved property or other persons with respect to the user charge or surcharge to be imposed in those cases where, due to special or unusual circumstances, the user charge set forth herein shall be deemed by the Town, in its sole discretion, to be inequitable or where it is in the best interests of this Town to do so.
E. 
The sewer use charges provided herein are charges in addition to any sewer assessments that may be levied from time to time against real property within the sanitary sewer district.
Sewer charges shall be liens against real property within all of the Town of New Paltz sewer district(s) or sewer improvement area(s) to the extent as set forth in § 452 of the General Municipal Law.
A. 
Sewer use charges shall be billed monthly for each calendar month from January 1 through and including December 31, and payment thereof shall be made to the Town Clerk at the Town Clerk's office not later than 30 days next following the date of each such billing. In the event that such bill is not paid on or before the expiration of such thirty-day period, a penalty of 5% of the unpaid bill shall be added to the bill, and such new amount shall be payable to the Town Clerk at his office within 30 days next following the expiration of 30 days from the date of the original bill. Thereafter, a penalty of 1 1/2% upon the unpaid bill, together with penalties accrued thereon, shall be added to such bill for each successive thirty-day period, or portion thereof, until such time as such bill, together with all the penalties accrued thereon, is paid. Any and all payments received on account of delinquent accounts shall be applied first to the oldest outstanding gross bill, including any accumulated late fee.
[Amended 12-19-2019 by L.L. No. 9-2019]
B. 
Surcharges for manual reading. Water bills of customers who have declined to provide access for the installation of meter interface units will be surcharged $50 for each manual meter reading. The manual meter reading surcharge will apply to each billing period for which an actual or estimated bill is rendered.
[Added 12-19-2019 by L.L. No. 9-2019[1]]
[1]
Editor’s Note: This local law also redesignated former Subsection B as Subsection C.
C. 
Sewer use charges and the interest and penalties thereon shall be a lien upon the real property which is using the public sewer and/or which is located within the district boundaries, and on or before the day when, under the Town Law, preliminary estimates or expenditures are required to be submitted, the Town Clerk shall prepare and file with the Town Board a statement showing all sewer charges, with penalties and interest thereon, which remain unpaid, which said statement shall contain a brief description of the property to which sewer services were supplied or which is within the district boundaries, the name of the owner liable to pay the same, so far as may be known, and the amount chargeable.
The Town shall annually review the total cost of operation and maintenance of the treatment works and revise the charges in order to accomplish the following:
A. 
Generate sufficient revenues to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works; and
B. 
Apply excess revenues collected to the cost of operation and maintenance for the next year and adjust the rate accordingly.
The annual bill shall give a breakdown of the rate and portion of the charges attributable to wastewater treatment services.
A charge of $10 will be charged to all property owners who tap in on the public sanitary sewers. Minimum size shall be four inches in diameter. Any sewers in excess of four inches in diameter will pay the additional charges. The property owner shall pay all costs of constructing the building sewer from the property line to the building sanitary sewer. After 90 days from the date of official notice to connect to the public sewers as provided for in Article III of this chapter, a charge as fixed by resolution of the Town Board will be levied as a penalty for failure to connect to the sewer within 90 days.
Property owners situated outside the sewer improvement area who received approval from the Town Board to connect to the proper public sewer, in accordance with Article III of this chapter, shall pay an initial fee and shall pay sewer use charges in accordance with this chapter and in such amounts as may be determined from time to time by the Town Board of the Town of New Paltz.
The Water Superintendent may require every owner and/or occupant of real property within the sanitary sewer districts established in the Town of New Paltz to furnish him with such information as may be necessary and reasonable in order to carry out the provisions of this chapter. It shall be permissible for the Water Superintendent or other properly authorized person employed by the Town of New Paltz to enter upon such real property at reasonable times for the purpose of obtaining such information as may be necessary to carry out the provision of this chapter, and, in addition to any other remedy available to the Town, the owner of said real property shall be fully responsible for all charges incurred by the Town arising as the result of the failure or refusal on the part of the owner and/or occupant to comply with the provisions of foregoing section.
A. 
The discharge of any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems or to injure or interfere with any sewage treatment process or to constitute a hazard in or have an adverse affect on the waters receiving any discharge from the treatment works is hereby prohibited.
B. 
If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristic which, in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(1) 
Reject the wastes;
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewer;
(3) 
Require control over the quantities and rates of discharge; and/or
(4) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges or rents.
A. 
Where, in the opinion of the Superintendent, pollution concentrations of BOD, suspended solids and/or other pollutants consistently exceed that of domestic sewage, a surcharge may be levied. This surcharge will be based on the formula which follows:
Cs = (BcB + ScS + PcP) Vu
Where:
Cs = A surcharge
Bc = O & M costs for treatment of a unit of BOD
B = Concentration of BOD from a user above a base level
Sc = O & M costs for treatment of a unit of suspended solids
S = Concentration of suspended solids from a user above a base level
Pc = O & M costs for treatment of a unit of any other pollutant
P = Concentration of any pollutant from a user above a base level
Vu = Volume contribution from a user
B. 
The base level for BOD should be considered as 200 parts per million (ppm) and, for suspended solids, 240 ppm.
C. 
The levy of a surcharge shall be made by the Town Board upon recommendation of the Superintendent and shall become effective 90 days after notification to the user that a surcharge will be levied.
The total operation and maintenance costs for all flow not directly attributable to users, including the cost of transport and treatment of extraneous inflow-infiltration will be added to the sewer use charges as the same are provided for in this chapter.
Accurate water meters and associated plumbing shall be mandatory under this chapter and shall be installed, inspected and approved by the Town at a cost to the property owners who tap in on the public sanitary sewers as the Town may from time to time establish, and such meters shall be used to determine water consumption and conversion to units.