It is the intention of the Legislature of Rockland County by the adoption of this article to establish and impose sewer rents for the Rockland County Sewer District No. 1 and/or any successor body, agency, commission or authority charged with the duty of operation and maintenance of the Rockland County Sewer District No. 1 and/or any additional sewer disposal districts or systems formed pursuant to the provisions of the County Law and the General Municipal Law in accordance with the provisions of Article 14-F of the General Municipal Law, Article 5-A of the County Law, and any other applicable law.
[Amended 11-8-2006 by L.L. No. 13-2006; 10-19-2010 by L.L. No. 9-2010[1]]
The basis of the charge for the sewer rents to be paid by the owners of real property which is occupied by users within the district shall be determined from the following schedule of units of use.
Classification of Property
Units of Use
One-family dwelling
1
Each separate apartment in a two-family, three-family or multiple dwelling
1
Garbage disposal units, each
1
Pool backwash from residential pool
1
Mobile home
1
Combination one-family home with a professional or business office that has an average of less than3 occupants (see note 3)
1 1/2
Combination one-family home with a professional or business office that has3 or more occupants or otherwise, in the opinion of the Executive Director, generates flow greater than the equivalent of 1/2 unit of use (see note 3)
2
Hotels or motels (no meals), each 3 rooms or part thereof
1
Hotels (American plan with meals), each 2 rooms (see note 2)
1
Rooming houses (no meals served on premises to roomers), for each 4 beds or part thereof (see note 1)
1
Residences for adults or youths; boardinghouses (majority of residents remain on premises, meals served), for each 3 beds or part or part thereof (see notes 1 and 2)
1
Group homes and hostels
Business offices, for each 5 occupants or part thereof (see notes 3 and 4)
1
Medical offices (including dentists), for each 4 occupants or part thereof(see notes 3 and 4)
1
Stores and commercial establishments, for each 5 occupants or part thereof (see note 3)
1
Industrial facilities (any enterprise which produces industrial waste, as defined by § 345-7):
1 unit for each 220 gallons per day of flow during the year 2006 and increasing to 1 unit for each 215 gallons per day of flow during the year 2007, and thereafter, plus additional units which shall be assigned by the Executive Director based upon the quality of sewage, in accordance with § 345-173 of this chapter. Units based upon flow may be as follows, subject to reevaluation by the Board of Commissioners every 2 years:
Year
Flow Per Unit
(gpd)
2006
220
2007
215
Classification of Property
Units of Use
Laundromats
For 2 washing machines less than 25 pounds' capacity, or equivalent
1
For washing machine25 pounds' capacity and over, or equivalent
1
Laundries:
Based on capacity and units to be to be assigned by the Executive Director in accordance with § 345-173, if applicable
Car laundries:
Based on capacity and units to be assigned by the Executive Director in accordance 000000with § 345-173, if applicable
Physical fitness establishments, for each 25 users (average per day)
1
Dance and gymnastics studios, for each 100 users (average per day)
1
Ice and roller rinks:
Each 50 users (average per day); and
1
Each 60 spectators (average per day)
1
Summer camps (6 months):
Each 40 campers without lunches served (average per day); or
1
Each 30 campers with lunches served (average per day)
1
Golf courses, each toilet or urinal
1
Racquet courts, each court
3
Country club, each 10 members (for full year)
1
(additional units assigned for overnight accommodations and food service for non-club members)
Parks, each toilet, urinal, or shower(for full-year operation)
1
Swimming pools, each 25 swimmers(average/day/season) (for full- year operation)
1
Pool filter backwash (large public pools), based on capacity and units assigned by the Executive Director in accordance with § 345-173, if applicable
1
Taverns, discos, juice bars, adult entertainment (little or no food service), each12 seats or stools or part thereof with a minimum of3 units
1
Eating establishment (bar seats and stools shall be included in seat count):
15 seats or less
4
6 to 20 seats
5
21 to 25 seats
6
26 to 35 seats
7
36 to 50 seats
8
51 to 80 seats
9
81 to 120 seats
10
Each 50 seats or part
2
above 120 seats
Catering hall: assign 40% of the number of units assigned for full-seating capacity of eating establishments, as rounded up to the next whole unit
Catering takeout or delicatessen, each 2 employees
1
Bakeries and bagel shops, each 2 employees
1
Kiosks - in shopping centers
Each kiosk with plumbing
1
Each 5 kiosks without plumbing
1
Schools, public, private and parochial:
Day care/preschool and nursery school-for each 60 pupils prorated for an 8-hour day
1
Elementary - for each 60 pupils
1
Junior high school, for each 54 pupils
1
Senior high school, for each 42 pupils
1
Colleges:
For each 54 students
1
For each 75 evening students
1
For each 8 resident students(where dormitories are available)
1
Churches, synagogues, temples and other places of worship (plus school sessions)
Small congregation: under 100 families
1
Medium congregation: 100 to250 families
2
Large congregation: over250 families
3
For part-time weekday schools, add 1 unit
Public Mikvah: Units to be assigned by the Executive Director based upon the estimated average daily usage from all the facilities in the building, calculated using the same flow per day for each unit assigned to calculate units for industrial users above.
Funeral parlors, each viewing room
1
Theaters, for each 60 seats or part of
1
Libraries, each 5 occupants or part thereof
1
Bowling alleys, for each 3 lanes
1
Hospitals, for each 4 beds(see note 1)
3
Convalescent homes, nursing homes for each 2 beds (see note 1)
1
Veterinarians, for each 5 occupants (see note 3)
1
Service stations, each toilet or urinal
1
Beauty salons and barbershops (count each shampoo facility as a customer service station)
Up to 3 customer service stations
2
4 to 5 customer service stations
3
6 or more service stations
4
Firehouses (add units for bars or eating facility)
1
Highway rest stops
15% surcharge on top of unit count
NOTES:
1 Where beds are referred to as the index of unit charges, the maximum capacity approved by the appropriate governmental authorities shall be determinative of such computation of beds.
2 Meals included with rooming facilities shall mean meals served either in rooms or in central eating area. Where the central eating area is open to others in addition to those staying at that facility, units shall be assigned based upon no meals, with separate units assigned to the eating facility as a food service.
3 Occupants are defined as owners, managers, employees or volunteer workers.
4 Each office space which is used by a separate owner and/or tenant shall be treated as a separate office space for the purpose of assigning units of use, regardless of the use of a common bathroom facility between them. A group of small offices having a common receptionist and waiting room shall be treated as one office.
[1]
Editor’s Note: This local law provided that this amendment shall be implemented as of 1-1-2011.
There is hereby established and imposed an annual sewer rent on all users to be determined by multiplying the unit charge times the number of units assigned to each user based upon the schedule of units of use in § 345-164 of this article. The unit charge shall be established annually by the Executive Director and Board of Commissioners and adopted annually by the Rockland County Legislature at the time of the adoption of the County budget. Local municipalities may impose an additional sewer rent for their purposes.
All County sewer rents shall become due and payable at the same time and in the same manner as County taxes. Sewer rents shall constitute a lien upon the real property of the users on the first day of January in each year. Penalties and interest for sewer rents in arrears shall be imposed and collected in the same manner as they are imposed on County taxes, or as otherwise provided for in accordance with § 345-154.
Anything to the contrary notwithstanding in this chapter, if a property owner in the district becomes a user, as defined herein, between the first day of January and the 31st day of October in any year, the sewer rent for such year shall be prorated for the number of months commencing with the month in which such owner becomes a user and ending with the last month of such year and shall be paid at the time such owner becomes a user. A property owner is required to connect to a sanitary sewer when it becomes available, in accordance with § 345-15 of this chapter, and will therefore be considered a user at that time. In the event that the sewer rent is not paid at such time, interest shall accrue on the unpaid amount at the rate of 1% per month from the effective date. This will be considered a delinquent payment and shall be collected with interest and penalties in accordance with § 345-154. If a property owner within the district becomes a user, as defined herein, between the first day of November and the 31st day of December in any year, the sewer rent for such year shall be prorated for the number of months commencing with the month in which such owner becomes a user and ending with the last month of such year. Such prorated sewer rent, if not paid at such time, shall be added to the annual sewer rent due, plus interest of 1% per month from the effective date of use and payable during the year following the next succeeding year and shall be collected at the same time and in the same manner as the annual sewer rent.
Overpayments of sewer rent shall be refunded to users upon a written request by the user and verification of the overpayment by the district. The user must accompany a request for refund with the tax lot and block number of the lot, proof of payment of the sewer rent, and either the employer's identification number if the property is a business, or the owner's social security number if the property is residential. Refunds of the sewer rent will be effective from the date of receipt of a written request and will not be retroactive prior to the date of written request unless sufficient documentation can be submitted to justify (in the opinion of the Executive Director) that a change in status occurred at a prior date. In no event shall any overpayment be refundable for more than one year from the date of written request for overpayment.
Each office space which is used by a separate owner and/or tenant shall be treated as a separate office space for the purpose of assigning units of use, regardless of the use of a common bathroom facility between them. A group of small offices having a common receptionist and waiting room may be treated as one office.
Each separate office or store space within a building shall be assessed a minimum of one unit of use regardless of whether it is occupied or not after it has received its certificate of occupancy or has been occupied. An owner must notify the district on or before the date which a space is to be occupied for use. Sewer rent will be imposed beginning on that date and will be prorated for the percentage of a year during which it is occupied. If the owner fails to notify the district by registered mail or facsimile that a space has been occupied for use, and the district subsequently becomes aware of this, then sewer rent shall be imposed for that space beginning on the date of occupancy or issuance of a certificate of occupancy, whichever occurs earlier. Sewer rent will be reduced to one unit on the date which an owner notifies the district by registered mail or by facsimile and the district subsequently verifies that a space has been vacated.
Municipal building inspectors shall notify the sewer district when a certificate of occupancy is issued for a living unit with a garbage disposal unit, or when a garbage disposal unit is added to a living unit. If a garbage disposal unit is removed from a living unit, the building inspector or owner shall notify the district when it is removed. The owner and/or tenant shall cooperate in allowing access by district personnel to verify the installation or removal of a garbage disposal unit.
When an employee is on the premises an average of less than two hours per day, the number of units to be charged for that employee shall be prorated based upon the average percentage of an eight-hour workday that he/she is on the premises. An employee who works an average of over two hours per day but for an average of four hours or less per day shall be considered a part-time employee, and he/she shall be considered 1/2 of an employee for the purpose of determining the number of units to be charged. Employees who work more than four hours per day shall be considered full-time employees for the purpose of determining the number of units to be charged.
The additional units for industrial/commercial establishments to be added to the established district flow rate shall be the product of the sewer surcharge factor and the established district flow rate charge as shown in the schedule of units of use for industrial plants in § 345-164. The general form for the determination of the surcharge factor (S.F.) shall be as follows:
Total Units = U + (S.F. x U)
 
S.F.= a
(BOD-250) +
b(SS-300) +
c(P-n)
250
300
n
U
=
Units determined by flow rate per § 345-164
S.F.
=
Surcharge factor
BOD
=
Milligrams per liter of biochemical oxygen demand, as defined in § 345-7 (Minimum = 135)
SS
=
Milligrams per liter of suspended solids, as defined in § 345-7 (Minimum = 160)
P
=
Milligrams per liter of any identifiable pollutant affecting the strength of the sewage or having an effect on the sewer system, the treatment plant process or the receiving waters of the effluent from the treatment plant (Minimum = 1/2 the maximum value allowed in the permit)
a
=
Proportion of operations and maintenance cost for treatment of a unit of biochemical oxygen demand
b
=
Proportion of operations and maintenance cost for treatment of a unit of suspended solids
c
=
Proportion of operations and maintenance cost for treatment of the identifiable pollutant
n
=
Normal value, as stated in the definition for "sewage, normal" in § 345-7
NOTES:
(1)
The values for a, b or c shall be determined by the Executive Director on a yearly basis from data accumulated during each preceding year from the costs of treatment.
(2)
More than one identifiable pollutant may be present in the sewage, and each such pollutant therefore shall appear as an additional term in the formula for determination of the sewer surcharge factor.
(3)
The total number of units to be charged shall not be less than that calculated by dividing the flow rate by 400 gpd/unit and eliminating all negative surcharge factors.
The additional charges and fees associated with the operation of the pretreatment program shall be assessed 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. 
Reviewing self-monitoring reports.
G. 
Construction inspections.
H. 
Filing appeals.
I. 
Application for consistent removal status as outlined in 40 CFR 403.
J. 
Other reasonable expenses which the district may deem necessary to carry out the program to satisfy the requirements of this chapter, the NYSDEC and the federal government.
The charge for dumping septage into the POTW shall be set by the Board of Sewer Commissioners. The manner of determining the volume dumped shall be at the discretion of the Executive Director.
The district 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.
The district may contract with private and municipal entities to provide services to them, such as the flushing, televised inspection, and/or sealing of sewers, the operating of wastewater facilities, etc., both in and out of the district. The Executive Director shall establish the rates to be charged for these services.
The provisions of Articles XII, XIIA, XIIB and XIIC of this chapter relating to the collection of penalties and delinquent payments shall apply to the collection of sewer service charges and sewage service surcharges, unless otherwise provided by application of this chapter.
The District Board of Commissioners shall have the authority to impose impact fees on new development or rezoning (see § 345-26), which development may:
A. 
Cause enlargement of the service area of the POTW.
B. 
Cause increased hydraulic and/or treatment demands on the POTW.
All revenues derived by the district shall be credited to the Rockland County Sewer District No. 1. 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 district POTW.
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 district POTW.
D. 
For the extension, enlargement, replacement of and/or additions to the district POTW, including any necessary appurtenances.
A. 
The district 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 district 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.