The source of a portion of the revenues for retiring debt services, capital expenditures, operation and maintenance of the public sewage works shall be a sewer service charge assigned to owners of property located within or outside the corporate limits of the Village whose residence or place of business is connected to the public sewer system.
[Added 11-17-2008 by L.L. No. 4-2008; 12-21-2009 by L.L. No. 5-2009]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR BUILDING
A use or building customarily incidental and subordinate to a principal use or building and located on the same lot.
SEWER DEBT UNIT
A set of annual charges established and imposed in the Village of Canastota for recovery of debt associated with the sewage works serving the Village of Canastota and any sewers located outside the Village that are connected thereto.
TAX PARCEL STATUS
Determined as follows:
A. 
ACCESSIBLE IMPROVED PARCELA parcel of land that is improved and accessible to the existing public sewer by means of a lateral only.
B. 
ACCESIBLE UNIMPROVED PARCELA parcel of land that is unimproved and accessible to the existing public sewer by means of a lateral only.
C. 
INACCESSIBLE IMPROVED PARCELA parcel of land that may be connected to the public sewer only by extending a main sewer line.
D. 
UNIMPROVED PARCELA parcel that is not improved in accordance with applicable local laws or requirements.
E. 
UNCONNECTABLE PARCELA Village parcel that:
(1) 
Does not have the ability to be serviced by a public sewer main as determined by the Village Board; or
(2) 
Is landlocked and not adjacent to another accessible parcel owned by the landlocked parcel owner as determined by the Village Board.
[Added 11-17-2008 by L.L. No. 4-2008; 12-21-2009 by L.L. No. 5-2009]
All tax parcels within the Village of Canastota shall pay an equitable portion of the debt associated with the public sewage works in accordance with provisions of this section. The users of the public sewage works shall be billed separately for costs associated with the operation and maintenance of the sewage works based upon water consumption, and such sewer costs shall be part of the quarterly water bills. The Village Board shall annually adopt a schedule of rates defining the sewer debt unit to be levied against the tax parcels within the Village as well as the annual operation and maintenance costs that will be included in the quarterly water bills of the users of the sewer system. The Village Board shall annually provide budgetary information relative to sewer debt units, operation and maintenance costs to the local government of each jurisdiction in which a connected sewer district is located. All sewer districts connected to the sewage works owned by the Village of Canastota shall agree to adopt local laws implementing a similar separate billing procedure.
A. 
Accessible improved parcels containing one primary structure shall be charged one sewer debt unit.
B. 
Accessible improved parcels containing multiple structures on a single parcel shall be charged one sewer debt unit per primary structure, excluding any accessory use or building that is not connected to the sewer.
C. 
Inaccessible improved parcels shall be charged 1/4 sewer debt unit per primary structure.
D. 
Inaccessible improved parcels containing multiple structures on a single parcel shall be charged 1/4 sewer debt unit per primary structure, excluding any accessory use or building that is not connected to the sewer.
E. 
Unimproved parcels shall be charged 1/4 unit per parcel.
F. 
Unconnectable parcels shall not be charged.
[Amended 11-17-2008 by L.L. No. 4-2008]
Sewer service charge rates for operation and maintenance shall be determined by the Village on a year-to-year basis. The sewer service charge for operation and maintenance will be computed quarterly and made a part of the Village water bill. Charges will be calculated on a fair-user basis, with separate methods used for calculating user charges, based on operation and maintenance expenses. Separate methods will be used to determine fair-user charges for domestic/commercial users and industrial users, as defined in § 163-98.
[Amended 11-17-2008 by L.L. No. 4-2008]
A. 
Revenues for defraying the operation and maintenance costs shall be raised by assigning a sewer service charge, termed a "user charge," to all districts of the Village's sewage works. Separate user charges shall be levied for industrial users and domestic/commercial users. Annual user charges shall be levied over quarterly billing periods.
(1) 
User charges for industrial users shall be based on all factors which significantly influence the operation and maintenance costs of the treatment facilities. These factors shall include volume, BOD, suspended solids, pH, nitrogen and total phosphorus. User charges for industrial users shall also include the proportion of operation and maintenance costs of the collection facilities (sewers) based on the factor of volume alone. The amount of the industrial user charge required shall be calculated by the Village, utilizing the user charge formula for industrial users.
(2) 
User charges for domestic/commercial users shall be based on volume only since wastewater characteristics of sanitary wastes are similar. The amount of the district domestic/commercial user charge required shall be calculated by the Village, utilizing the user charge formula for domestic/commercial users. The volume of wastewater shall be determined by metered water consumption.
B. 
Revenues for defraying the capital costs and debt service costs for construction or improvement of the sewage works shall be raised by levying a capital recovery charge in the form of sewer debt units, as set forth in § 163-96.2, to all domestic/commercial properties within the Village or part of a sewer district. Separate capital recovery charges shall be levied for industrial properties as set forth in § 163-98B(1) and domestic/commercial properties as set forth in § 163-98B(2).
(1) 
Annual capital recovery charges for sewage treatment facilities for industrial users shall be based on the proportion of local share project costs attributable to the allocated capacity of the industrial user. Allocated capacity shall be based on the factors of volume, BOD, suspended solids, pH, nitrogen and total phosphorus. The amount of the annual industrial capital recovery charge required shall be calculated by the Village, utilizing the capital recovery formula for industrial users.
(2) 
Capital recovery charges for the domestic/commercial users of the Village sewage works shall be based on the proportion of local share project costs attributable to the capacity allocated to all of the domestic/commercial users. The amount of the annual domestic/commercial capital recovery charge required shall be calculated by the Village by utilizing the capital recovery charge formula for domestic/commercial users. The volume of wastewater produced shall be determined by metered water consumption.
A special sewer service charge shall be assigned to any industrial firm or organization who, by virtue of the volume, strength or unusual characteristic of its waste alone, would overload or upset the capacity or efficiency of the sewage works or any part thereof if such waste entered the public sewer, or whose waste disposal situation is such that it would be in the public interest to waive the requirements of this chapter. The Board of Trustees, after appropriate study and advice from the Engineer, shall assign a special sewer service charge to the industrial firm. The applicable portions of the preceding sections, as well as the equitable rights of the public, shall be the basis for such an arrangement.
A charge will be assigned to any property owner requiring a sewer service call by the Village. Such charges shall be established by the Village Board of Trustees.
The Board of Trustees reserves the right, from time to time, to change sewer service charges originally or previously assigned to any property owner.
The sewer service charge assigned to any property owner who is not connected to the public water supply shall be established by the Board of Trustees. Such sewer service charges shall be computed by multiplying the estimated or measured volume of sewage contributed to the public sewers by such property owner by the applicable unit sewer service charge rate(s) set forth in § 163-98.
The sewer service charge assigned to any property owner with both a public and private water supply, whose contribution of sewage to the public sewers exceeds the volume of public water consumed by that owner as evidenced by his water bill, shall be established by the Board of Trustees. Such sewer service charges shall be computed by multiplying the estimated or measured volume of sewage entering the public sewers by such property owner by the applicable unit sewer service charge rate(s) set forth in § 163-98.
[Amended 11-17-2008 by L.L. No. 4-2008]
The Village of Canastota shall charge a one-time permit fee to the local government administering a sewer district each time a new user is added to the district's sewer system. The permit fee shall be established through an intermunicipal agreement between the Village of Canastota and the local government establishing such district.
Each sewer charge levied pursuant to the chapter is hereby made a lien on the premises, and if the same is not paid within 30 days after it shall be due and payable, it shall be certified to the Treasurer of the Village, who shall place the same on the real property tax bill for that year with interest and penalties allowed by law and be collected as other Village taxes are collected. The above notwithstanding, the Village, in its discretion, may seek to collect unpaid charges by an appropriate civil action to be commenced any time after the expiration of said thirty-day period.
Those water consumers and/or users of the sewerage system who, 30 days after bills have been rendered for the services described herein and at the rates prescribed herein, have not paid their bills shall be deemed to be delinquent; and the service to their premises may be discontinued, and such service shall not be restored until proper settlement of the delinquent customer's account has been made, together with any additional costs which might have been incurred by the Village in the discontinuing or restoring of the delinquent customer's service.
A. 
Anything to the contrary herein notwithstanding, the Village Board of Trustees may bring or maintain an action as upon contract for sewer rents and charges in arrears, including penalties and interest, or foreclose liens for such sewer rents and charges.
B. 
Sewer rents. Except as otherwise hereinafter stated, the rates for sewer rents and charges as payable quarter-annually in accordance with the above schedule, at net if paid within 30 days (industrial users 30 days) following the bill or statement date. A penalty of 10% will be charged if payments are made subsequent to the expiration of said thirty-day period (industrial users 30 days).
C. 
Users with wastewater discharge of less than 3,500 cubic feet per day and waste strength of less than the maximum values shown in § 163-43 shall be defined as "domestic/commercial users." Sewer service charge for domestic/commercial users shall be determined by the Village on a fair-user basis utilizing the user charge and capital recovery charge formulae in this section for domestic/commercial users. A minimum flat rate sewer service charge of $4 per three months shall be levied for domestic/commercial users with less than 700 cubic feet per three months, as long as service remains connected to the Village sewers.
D. 
Users with wastewater discharge of greater than 3,500 cubic feet per day and/or waste strength of greater than the maximum values shown in § 163-43 of this chapter shall be defined as "industrial users." Sewer service charges for industrial users shall be determined by the Village on a fair-user basis utilizing the industrial user surcharge set forth in Subsection A of § 163-98 of this chapter plus the industrial capital recovery charge formulas included in Subsection B of § 163-98 of this chapter.
[Amended 6-19-2017 by L.L. No. 2-2017]
E. 
A sewer service charge assigned to any property owner not connected to the public water supply or any property owner with both a public and private water supply may be based on the measured volume of sewage entering the public sewers upon prior written approval of the Village if requested by the property owner. If the volume of discharge shall be used to determine the sewer service charge, then in lieu of a sewer service charge computed pursuant to Subsection C, the sewer service charge to the user shall be computed by multiplying the measured volume of sewage discharged into the sewer system by the applicable unit sewer service charge rate(s) set forth in § 163-98. In the event of a malfunction of the measuring device, the sewer service charge shall be computed on the basis of a reasonable estimate of the volume of sewage discharged into the sewer system during the quarter, taking into account the volume of sewage discharged in a comparable prior period.
F. 
Concentration limits.
[Added 6-19-2017 by L.L. No. 2-2017]
(1) 
Industrial users shall pay a base fee in an amount determined from time to time by resolution of the Village Board of Trustees. The base fee shall be based upon the Village's costs to make available the treatment capacity required by the industrial user as determined by reference to the user's permit application. During any billing period where the surcharge exceeds the amount of the base fee, the base fee shall be waived and superseded by the surcharge set forth in this chapter.
(2) 
Industrial users discharging wastewater which exceeds 10,000 gallons per day of flow or the following concentrations for any of the conventional pollutants listed below shall pay a surcharge, as listed in § 163-108 of this chapter, for use of the Village sewage treatment facilities:
Pollutant
Level Above Which Surcharge Applies
(mg/l or pounds)
COD
400 or 36
TSS
210 or 18
TKN
40 or 3.4
TP
7 or 0.6
(3) 
The sampling methodologies to determine the concentrations of these pollutants shall be as specified in each industrial user's permit. The surcharge shall apply to the extent that the concentrations of these conventional pollutants exceed the levels stated above.
G. 
The surcharge threshold levels set forth in Subsection F above are not local limits intended to supplant pretreatment standards promulgated pursuant to the FWPCA. All pretreatment standards and pretreatment requirements, including the prohibition against pass-through and interference, do apply to discharges of the conventional pollutants listed above. In addition, nothing in this section shall prevent the Village Board of Trustees from exercising its right, as described in § 163 -101 of this chapter, to require an industrial user to comply with specific discharge limits on these pollutants if deemed necessary to meet the objectives of the FWPCA and the pretreatment regulations promulgated thereunder; and requirements of the Control Authority and this chapter. In the event that an industrial user receives specific discharge limits for any of these pollutants, no surcharge shall apply and violations of the discharge limit by the industrial user shall instead subject the industrial user to the enforcement provisions of this chapter.
[Added 6-19-2017 by L.L. No. 2-2017]
[1]
Editor's Note: This section was originally added 10-20-1975 by L.L. No. 4-1975, which local law also provided that the charge "be instituted with water bills dated January 1, 1976, and continued on all bills thereafter."
The charge for dumping septage at the sewage treatment plant and the manner of determining the volume dumped will be at the discretion of the Village.
USER CHARGE FORMULA FOR INDUSTRIAL USERS
Where
USI
=
User's share of annual operation and maintenance costs for industrial wastes
OMT
=
Annual operation and maintenance costs for treatment facilities
OQ
=
Percentage of operation and maintenance costs attributable to flow (Q)
OB
=
Percentage of operation and maintenance costs attributable to BOD5
OS
=
Percentage of operation and maintenance costs attributable to suspended solids
OP
=
Percentage of operation and maintenance costs attributable to total phosphorus
ON
=
Percentage of operation and maintenance costs attributable to total nitrogen
QIA
=
Actual average daily flow rate (mgd) of industrial discharge
BIA
=
Actual average daily BOD5 loading (lb/day) of industrial discharge
SIA
=
Actual average daily suspended solids loading (lb/day) of industrial discharge
PIA
=
Actual average daily total phosphorus loading (lb/day) of industrial discharge
NIA
=
Actual average daily total nitrogen loading (lb/day) of industrial discharge
QA
=
Actual average daily flow rate (mgd) at wastewater treatment facilities
BA
=
Actual average daily BOD5 loading (lb/day) at wastewater treatment facilities
SA
=
Actual average daily suspended solids loading (lb/day) at wastewater treatment facilities
PA
=
Actual average daily total phosphorus loading (lb/day) at wastewater treatment facilities
NA
=
Actual average daily total Kjeldahl nitrogen loading (lb/day) at wastewater treatment facilities
OMC
=
Annual operation and maintenance costs for collection facilities
CAPITAL RECOVERY CHARGE FORMULA FOR INDUSTRIAL USERS
CRi
=
NS
CRi
=
Annual industrial capital recovery charge for industry i
LS
=
Total local share debt service
NS
=
Total industrial portion of local share debt service
PQ
=
Percent of total project cost attributable to flow
PB
=
Percent of total project cost attributable to BOD5
PS
=
Percent of total project cost attributable to suspended solids
PP
=
Percent of total project cost attributable to phosphorus
PN
=
Percent of total project cost attributable to nitrogen
DQi
=
Design flow capacity for industry i (gal/day)
DBi
=
Design flow BOD5 capacity for industry i (lb/day)
DSi
=
Design suspended solids capacity for industry i (lb/day)
DP
=
Design phosphorus capacity for industry i (lb/day)
DN
=
Design nitrogen capacity for industry i (lb/day)
TQ
=
Design flow capacity for WWTP (gal/day)
TB
=
Design BOD5 capacity for WWTP (lb/day)
TS
=
Design suspended solids capacity for WWTP (lb/day)
TP
=
Design phosphorus capacity for WWTP (lb/day)
TN
=
Design nitrogen capacity for WWTP (lb/day)
USER CHARGE FORMULA FOR DOMESTIC/COMMERCIAL USERS
Where
OMT
=
Total annual operation and maintenance costs of wastewater treatment facilities
OMC
=
Total annual operation and maintenance costs of wastewater treatment facilities
OMD
=
Annual operation and maintenance costs attributable to treatment and collection of domestic/commercial wastes
OMI
=
Annual operation and maintenance costs attributable to treatment and collection of industrial wastes
USD
=
User's share of annual operation and maintenance costs for domestic/commercial wastes
USI
=
User's share of annual operation and maintenance costs for industrial wastes
QD
=
Domestic/commercial user's metered water consumption for billing period
QTD
=
Total annual domestic/commercial metered water consumption
UCd
=
Domestic/commercial unit sewer service charge for calculation of domestic/commercial user charges
CAPITAL RECOVERY CHARGE FORMULA FOR DOMESTIC/COMMERCIAL USES
Where
LS
=
Total annual local share debt service of wastewater treatment facilities
LSD
=
Total domestic/commercial portion of local share debt service
LSI
=
Total industrial portion of local share debt service
CRD
=
Capital recovery charge for annual local share debt service for domestic/commercial wastes
CRI
=
Capital recovery charge for annual local share debt service for industrial wastes
QD
=
Domestic/commercial user's metered water consumption for billing period
QTD
=
Total annual domestic/commercial metered water consumption
RCD
=
Domestic/commercial unit sewer service charge for calculation of domestic/commercial capital recovery charges