All persons discharging or depositing wastes into the public
sewers shall pay a sewer user charge, established by the municipality
having jurisdiction, which charge shall be collected as a sewer rent.
All persons discharging or depositing wastes with concentrations
in excess of the pollutant concentrations in normal sewage shall pay
a surcharge. The surcharge shall be determined by the Superintendent
on the basis of higher incremental or variable costs associated with
POTW operations, maintenance, depreciation and debt service that,
in the opinion of the Superintendent, is reasonable and attributable
to the sewage.
The service area, capacities and costs of the POTW may be segmented
or allocated or pro-rated by the Sewer Board to establish a more equitable
distribution of resources and user charges, especially if there is
a pump station serving a segment. Capacity segmentations among POTW
users or service areas shall be subject to approval of both the Village
of Fonda and the Village of Fultonville.
The volume of flow to be used in computing sewer service charges
and abnormal sewage surcharges shall, wherever it is deemed practical,
be based upon metered water consumption as shown on the records of
meter readings. 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.
In the event that a person discharging wastes into the POTW procures
all or part of his water supply from unmetered sources, the Superintendent
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 Superintendent and shall be installed, maintained and periodically
tested and recalibrated 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.
The billing period shall be quarterly for all sewer users.
Costs associated with the operation, maintenance and management
of the pretreatment program and industrial user permitting shall be
assessed to the industrial user. These costs include, but are not
limited to:
A.
Costs of setting up and operating the pretreatment program, including
sampling and testing;
B.
Issuing permits;
C.
Monitoring, sampling, 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.
Consultants; and/or
J.
Other reasonable expenses to carry out the program to satisfy the
requirements of this chapter, 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 Sewer Board. The manner of determining the volume dumped shall
be at the discretion of the Superintendent.
The Sewer Board 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.
Provisions of Article XI of this chapter relating to the collection of penalties shall apply to the collection of sewer service charges and abnormal sewage service surcharges, unless where otherwise provided by application of a sewer rent law.
The POTW shall be operated on the basis of a fiscal year commencing
on the first day of January and ending on the 31st day of December.
The Village Board 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. 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 to the POTW;
B.
For the discovery and correction of inflow and infiltration;
C.
For the payment of interest on and amortization of or payment of
indebtedness which has been or shall be incurred for the construction
or extension of the POTW; and
D.
For the extension, enlargement, replacement of and/or additions to
the Village POTW, including any necessary appurtenances.
A.
The Sewer Board may 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 Sewer Board shall maintain and carry insurance on all physical
properties of the POTW of the kinds and in the amounts normally carried
by public utility 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 damage or destroyed.
