All persons discharging or depositing wastes into the public sewers shall pay a sewer service charge proportional to the liquid volume of waste so deposited or based upon any other equitable basis determined by the Town Board, 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 total sewer service charge (which shall be called the "user charge"), is comprised of two parts, as follows:
UC(t) = UC(n) + UC(an)
Where:
UC(t) = Total user charge for POTW operation and maintenance.
UC(n) = User charge associated with abnormal sewage.
UC(an) = User charge associated with abnormal sewage.
UC(n) = OM (QIA/QA)
UC(an) = OM/100 {[OB x (BIA-Bn)/BA] +
[OS x (SIA-Sn)/SA] +
[OP x (PIA-Pn)/PA] +
[ONH x (NHIA-NHn)/NHA] +
[OTK x (TKIA-TKn)/TKA]}
Where:
OM = Total annual POTW operation and maintenance costs.
OQ = Percentage of OM attributable to flow (Q).
OB = Percentage of OM attributable to BOD5.
OS = Percentage of OM attributable to suspended solids.
OP = Percentage of OM attributable to total phosphorus.
ONH = Percentage of OM attributable to ammonia.
OTK = Percentage of OM attributable to total Kjeldahl nitrogen.
QIA = Average daily flow rate (mgd) from discharger.
BIA = Average daily BOD5 loading (lb/day) from discharger.
SIA = Average daily suspended solids loading (lb/day) from discharger.
PIA = Average daily total phosphorus loading (lb/day) from discharger.
NHIA = Average daily ammonia loading (lb n/day) from discharger.
TKIA = Average daily total Kjeldahl nitrogen loading (lb n/day) from discharger.
QA = Average daily flow rate (mgd) at the POTW treatment plant.
BA = Average daily BOD5 loading (lb/day) at the POTW treatment plant.
SA = Average daily suspended solids loading (lb/day) at the POTW treatment plant.
PA = Average daily total phosphorus loading (lb/day) at the POTW treatment plant.
NHA = Average daily total ammonia loading (lb n/day) at the POTW treatment plant.
TKA = Average daily total Kjeldahl nitrogen loading (lb n/day) at the POTW treatment plant.
Bn = BOD5 loading (lb/day) in discharge if it were normal sewage.
Sn = Suspended solids loading (lb/day) in discharge if it were normal sewage.
Pn = Total phosphorus loading (lb/day) in discharge if it were normal sewage.
NHn = Ammonia loading (lb n/day) in discharge if it were normal sewage.
TKn = Total Kjeldahl nitrogen loading (lb n/day) in discharge if it were normal sewage.
NOTES:
If any difference term in the equation above is negative, then that portion of the equation shall not be used, that is, the difference shall be set to zero when it is negative.
All averages are arithmetic averages determined from available data during the billing period.
The volume of flow to be used in computing sewer service charges and abnormal sewage surcharges shall be based upon metered water consumption as shown on the records of meter readings maintained by the Town Water Department except in those sewer districts where the Town Board has determined to base charges on another equitable basis. 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 as required by the owner, at his 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 users.
The additional charges and fees associated with the operation of the pretreatment program shall be assessed against the user and include:
A. 
Reimbursement of costs of setting up and operating the pretreatment program.
B. 
Issuing permits.
C. 
Monitoring, 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. 
Other reasonable expenses to carry out the program to satisfy the requirements of this Part 1, the NYSDEC and the federal government.
The charge for dumping septage into the POTW shall be established by the owner of the POTW. The manner of determining the volume dumped shall be at the discretion of the Superintendent.
The Town 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 XII of this Part 1 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 the Sewer Rent Law by the town.[1]
[1]
Editor's Note: See Ch. 104, Fees, § 104-3C.
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 Town Board shall have the authority to impose impact fees on new development, which development may:
A. 
Cause enlargement of the service area of the POTW.
B. 
Cause increased hydraulic and/or treatment demands on the POTW.
Revenues derived from user charges and associated penalties and impact fees shall be credited to a special fund of the sewer district(s). 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, of the sewer district(s) sewerage facilities.
B. 
For the discovery and correction of inflow and infiltration.
C. 
For the payment of interest on and the amortization of or payment of indebtedness which has been or shall be incurred for the construction or extension of the sewer district(s) sewerage facilities.
D. 
For the extension, enlargement, replacement of and/or additions to the sewer district(s) sewerage facilities, including any necessary appurtenances.
A. 
The Town shall 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 Town 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 Town shall maintain and carry insurance on all physical properties of the POTW, owned by the Town or its sewer district(s) or as required by agreement with the City of Newburgh, of the kinds and in the amounts normally carried by public utility companies 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 damaged or destroyed.