[Added 1-11-1990 by L.L. No. 1-1990]
This article shall be known and may be cited
as the "Sewer District Service Charge Law."
This article shall apply to all of the sewer
systems and extensions thereof within the Town of Liberty and operated
by the Town of Liberty.
The purpose of this article shall be to generate
sufficient revenue to pay all costs for operations and maintenance
for the sewer district complete wastewater system and to the Town
of Liberty for operation and maintenance costs attributable thereon.
The costs shall be distributed to all users of the wastewater system
in proportion to the contribution of each user class to the total
loading of the treatment works. Factors such as strength (BOD and
SS), volume and delivery flow rate characteristics shall be considered
and included as the basis for each user class' contribution to ensure
a proportional distribution of operation and maintenance (including
replacement) costs to each user class.
The Town of Liberty or its Engineer shall determine
the total annual costs of operation and maintenance of the wastewater
system which are necessary to maintain the capacity and performance
during the service life of the treatment works for which such works
were designed and constructed. The total annual cost of operation
and maintenance shall include but need not be limited to labor, repairs,
equipment replacement, maintenance, necessary modifications, power,
sampling, laboratory tests and a reasonable contingency fund.
A.
The Town of Liberty or its Engineer shall determine
each user's average daily volume of wastewater which has been discharged
to the wastewater system, which shall then be divided by the average
daily volume of all wastewater discharged to the wastewater system
to determine each user's volume contribution percentage. The amount
used as a total average daily volume of wastewater shall exclude infiltration
and inflow. The charges for operation and maintenance attributable
to extraneous flows, i.e., infiltration/inflow, shall be distributed
among all users of the wastewater system based upon the flow volume
of the users.
B.
The Town of Liberty or its Engineer shall determine
each user's average daily poundage of five-day, twenty-degree-centigrade
biochemical oxygen demand (BOD) which has been discharged to the wastewater
system, which shall then be divided by the average daily poundage
of all five-day BOD discharged to the wastewater system to determine
each user's BOD contribution percentage.
C.
The Town of Liberty or its Engineer shall determine
each user's average suspended solids (SS) poundage which has been
discharged to the wastewater system, which shall then be divided by
the average daily poundage of all suspended solids discharged to the
wastewater system to determine each user's suspended solids contribution
percentage.
D.
Each user's volume contribution percentage, BOD contribution
percentage and suspended solids contribution percentage shall be multiplied
by the annual operation and maintenance costs for wastewater treatment
of the total volume flow, of the total five-day, twenty-degree-centigrade
BOD poundage and of the total suspended solids poundage, respectively.
A.
The Town of Liberty or its Engineer will determine
the average suspended solids (SS) and biochemical oxygen demand (BOD)
daily loadings for the average residential user. The Town of Liberty
or its Engineer will assess a surcharge rate for all nonresidential
users discharging wastes with BOD and SS strengths greater than the
average residential user. Such users will be assessed a surcharge
sufficient to cover the costs of treating such users' above-normal-strength
wastes. Normal-strength wastes are considered to be 200 milligrams
per one BOD and 250 milligrams per one SS. The surcharge rate structure
for such above-normal-strength waste dischargers is attached. (See
Exhibit A, which immediately follows this subsection.)
B.
Surcharge rate structure.
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EXHIBIT A
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Surcharge Rate Structure
For Above-Normal-Strength Wastes
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(1)
The Town of Liberty or its Engineer will determine
the average total suspended solids (SS) and five-day biochemical oxygen
demand (BOD) daily loadings for the average residential user or, in
lieu of such a determination, will consider the average residential-strength
wastes to be 200 milligrams per one BOD and 250 milligrams per one
SS. The Town of Liberty or its Engineer will assess a surcharge rate
for all nonresident users discharging wastes with BOD and SS strengths
greater than the average residential user. The surcharge will be sufficient
to cover the costs of treating such users' above-normal-strength wastes.
(2)
The charge will be computed for each individual user
based on information and cost when individual users exceed normal
strengths. The chapter will be amended to include this surcharge after
a public hearing has been held and reviewed by New York State Department
of Environmental Conservation.
A.
Each nonresidential user's wastewater treatment cost contributions, as determined in §§ 121-45 and 121-46, shall be added together to determine such users' annual wastewater service charge. Residential users may be considered to be one class of user, and an equitable service charge may be determined for each user based upon an estimate of the total wastewater contribution of this class of user. The governing body may classify industrial, commercial and other nonresidential establishments as a residential user, provided that the waste from these establishments are equivalent to the wastes from the averse residential user with respect to volume, suspended solids and BOD. Each user's wastewater treatment cost contribution will be assessed in accordance with the attached rate schedule (Exhibit B).
B.
Rate schedule.
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EXHIBIT B
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Rate Schedule
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(1)
Rates will be computed by each individual district
based on the following: the total budget cost for each district, less
any revenue, divided by the estimated sewer volume for that district.
(Each volume unit is based on 75,000 gallons of yearly volume of wastewater.)
(2)
Each user will be billed yearly for the complete sewer
unit charge multiplied by the number of volume units.
(3)
Any adjustment of budget to actual cost will be accounted
for in the next year's budget calculations.
(4)
Residential users are considered to be one class of
user and are assessed a charge based on sewer units. Nonresidential
users with flows no greater than the average residential user's and
with BOD and SS no greater than the average residential user's will
pay the same charge per sewer unit as the average residential user.
The Town of Liberty shall review the total annual
cost of operation and maintenance as well as each user's wastewater
contribution percentage not less often than every two years and will
revise the system as necessary to assure equity of the service charge
system established herein and to assure that sufficient funds are
obtained to adequately operate and maintain the wastewater and treatment
works. If it is determined that excess revenues have been collected
from a class of users, the excess revenues from that class of users
shall be applied to the costs of operation and maintenance attributable
to that class for the next year, and the rate charged to such users
shall be adjusted accordingly.
The Town of Liberty shall submit an annual statement
to the user for the user's annual wastewater service charge, or one-twelfth
(1/12) of the user's annual wastewater service charge may be included
with the monthly water and/or wastewater utility billing.
A.
Each user will be notified, at least annually, in
conjunction with a regular bill, of the rate and that portion of the
user charges which are attributable to wastewater treatment services.
B.
To be in compliance with the 40 CFR 35 regulations,
the charge for operation and maintenance must be a separate item on
the bill from other charges.
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 constitute a hazard in or have an adverse affect
on the waters receiving any discharge from the treatment works is
hereby prohibited.
Each user which discharges any toxic pollutant
which causes an increase in the cost of managing the effluent or the
sludge of the wastewater treatment works shall pay for such increased
costs.
This system of service charges shall take precedence
over any terms or conditions of agreements or contracts between the
grantee and users, including industrial users, special districts,
other municipalities or state and federal agencies or installations,
which are inconsistent with § 204(b)(1)(A) of the Clean
Water Act (33 U.S.C. § 1251 et seq., as amended) or the
40 CFR 35 rules and regulations.
