It is the purpose of this Article to provide
for the equitable recovery of costs from the users of the City's POTW
for the implementation of the program established herein. The applicable
charges or fees shall be set forth in the City's schedule of charges
and fees.
Pursuant to the authority granted by Article
14-F of the General Municipal Law of the State of New York, the Common
Council of the City of Lockport does hereby establish a scale of rents
to be called "sewer rents" which are hereby levied and assessed against
every lot, parcel of land, building or premises now or hereafter having
any connection with the sewer system of said City or otherwise discharging
domestic sewage, commercial and industrial waste, water or other liquids
either directly or indirectly into the sanitary sewer system of such
City, based on the metered consumption of water to the premises connected
with and served by said sewer system or any part or parts thereof,
the revenue from which rents shall be used for the payment of costs
of operation, maintenance and repairs of the sewer system or such
part or parts thereof for which sewer rents have been established
and imposed; for 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 rents have been established and imposed (other than
indebtedness and the interest thereon which is to be paid in the first
instance from assessments upon benefitted real property); and for
the construction of sewage treatment and 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.
A.
In addition to any and all fees and charges provided
by law, the owner of any parcel of real property within the City limits
connected with the sewer system of the City of Lockport shall pay
a sewer rent for the use of such sewer system in accordance with the
latest edition of the City of Lockport "Schedule of Sewer Rents and
Other Charges." The schedule shall specify fees, charges and surcharges,
including but not limited to:
B.
In order that property lying outside the corporate
limits of the City of Lockport being served by its sewage disposal
system shall bear a proportionate share of the cost of such system,
the charge made for such property shall be apportioned by the Commissioner
of Public Works in addition to the base rate charged to property located
within the City, such charge to be collected and the collection enforced
as herein provided for other sewer rental charges. For the purpose
of determining the charges to be rendered premises using the sewage
system whereon the water used is derived in whole or in part from
sources independent of the City, the water used thereon, supplied
from private sources, shall be measured by a City water meter or by
a meter acceptable to the City Water Department, to be installed and
maintained by the owner or occupant thereof, at his own cost and subject
to supervision and inspection by said Water Department. The sewer
rental charge against such property shall be determined by the metered
consumption of water used on said premises regardless of the source
from which supplied. Whenever the owner or occupant fails to install
such meter and in cases where the Commissioner of Public Works finds
it impractical to insist upon a special meter, said Commissioner may
accept the report of said property owner as to the amount of water
used on said premises or said Commissioner may fix and determine the
amount ordinarily consumed upon said premises by such method as he
may find practicable in the light of the conditions and attendant
circumstances of the case, including, where practicable, the metering
of discharge, in order to determine the sewer rental charge, all in
accordance with corresponding rates assessed against other similar
property.
A.
In the case of premises whereon the water used is
supplied by the City of Lockport, the sewer rental charge herein provided
shall be added to the water bills rendered to the owners, lessees
or occupants of such property and shall be paid at the time the water
bill is payable at the office of the City Treasurer and shall be collected
with and in addition to the water charge for water service, and no
part of the charge for water service shall be accepted without including
therewith the sewer rental charge. Such sewer rental charge shall
be subject to the same penalty as provided for delinquent water bills
and it is hereby made the duty of said City Treasurer to collect such
penalty for failure to pay the sewer rental charge when due.
B.
In cases of premises whereon water used is not supplied
by the City, said Commissioner of Public Works will render periodically
to the owners, lessees or occupants of such property bills for the
amount of the sewer rental charge as herein set forth. If such charge
is not paid when due, it shall be subject to the same penalty as is
provided for delinquent water bills, including the cutting off of
sewer service and the City Treasurer is hereby required to collect
such penalty.
All sewer rents shall be payable, collectible
and enforceable in the manner provided by law for the payment, collection
and enforcement of water rents and charges. Such sewer rents shall
constitute a lien upon the real property served by sewers, and such
lien shall be prior and superior to every other lien or claim, except
the lien of an existing tax, water rent or local assessment.
The Commissioner of Public Works shall have
power to make and enforce such general rules and regulations as to
both public and private water supply for the collection, rebating,
refunding or adjustment of such charges for any reason, including
diversion of water from the sewer system, as may be reasonably necessary
to avoid injustice to the end that all property discharging sewage
into the sewer system will bear its equitable proportionate share
with other property of the cost of operation, maintenance and repairs
of said sewerage system or any extension, enlargement, replacement
or additions to such sewer system or any part or parts thereof.
All revenues derived from the sewer rents imposed
hereunder, including penalties and interest thereon, shall be kept
by the City Treasurer in a separate fund to be known as the "Sewer
Rent Fund."
The provisions of this chapter shall be subject
in any event to any and all existing contracts between the City of
Lockport and present contract users of its sewer system and to any
and all renewals, extensions and modifications, if any, of said contracts.
A.
The City may adopt pretreatment program charges and
fees which may include but are not limited to:
(1)
Fees for reimbursement of costs of setting up and
operating the City's pretreatment program.
(2)
Fees for monitoring, inspections and surveillance
procedures.
(3)
Fees for reviewing accidental and slug discharge procedures
and construction.
(4)
Fees for permit applications.
(5)
Fees for filing appeals.
(6)
Fees for consistent removal (by the City) of pollutants
otherwise subject to national pretreatment standards.
(7)
Other fees as the City may deem necessary to carry
out the requirements contained herein.
B.
These fees relate solely to the matter covered by
this chapter and are separate from all other fees chargeable by the
City.
