[HISTORY: Adopted by the Town Board of the Town of Goshen as indicated
in article histories. Amendments noted where applicable.]
[Adopted 1-8-1981 by L.L. No. 2-1981]
The purpose of this article shall be to generate sufficient revenue
to pay all costs for operations and maintenance for the Town's complete wastewater
system and to the Village of Goshen for operation and maintenance costs attributable
the Town. The costs shall be distributed to all users of the wastewater system
in proportion to the contribution of each user to the total loading of the
treatment works.
The Town of Goshen or its designee 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.
The Town of Goshen or its designee 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 the total average daily volume of wastewater
shall include infiltration and inflow.
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 residential users, provided that the wastes from these establishments are
equitable to the wastes from the average 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.
The Town Board shall review the total amount 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 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.
Subject to change, a schedule of rates, penalties and charges shall
be established by the Town Board. Such schedule of rates may be obtained from
the Inspector or Town Clerk.
Bills for sewer service shall become due and payable to the districts
at such place and to such person as designated by the Town Board and shall
be rendered for such billing periods as the Town Board shall designate. If
such bills are not paid within 30 days after the due date designated by the
Town Board, a penalty of 10% will be added thereto. If such bills are paid
within 10 days after the due date designated by the Town Board, a two-percent
cash discount may be taken on the principal portion of the current bill.
All quarterly sewer charges shall be due and payable on the first day
of February, the first day of May, the first day of August and the first day
of November of each year for the preceding three months.
Payment of quarterly sewer charges shall be made to the Clerk of the
Town without charge on or before the first day of March, June, September and
December for the current three months in each year.
A.
Sewer rents and charges and penalties thereon shall be
liens upon the real property upon which the sewer is used, and on or before
the day when, under the Town Law, preliminary estimates of expenditures are
required to be submitted, the Inspector shall file with the Town Clerk a statement
showing all sewer rents and charges with penalties thereon unpaid for more
than 60 days, which statement shall contain a brief description of the property
to which the sewer was supplied or upon which the charges were incurred, the
tax account number, the name of the owner liable to pay the same, so far as
may be known, and the amount chargeable to each.
B.
Such rents, charges and penalties shall not be collected
by the collector of the districts after the filing of such statement with
the Town Clerk but may be thereafter paid to the Supervisor until such time
as a statement of such unpaid sewer rents, charges and penalties is submitted
to the Orange County Legislature for the purpose of levying the same as a
tax against the property affected.
Any person who shall maliciously, willfully or negligently break, damage,
destroy, uncover, deface or tamper with any structure, apparatus or equipment
which is part of the municipal sewer system shall be deemed to have violated
this Article. Any person who commits or permits any acts in violation of any
of the provisions of this Article shall be deemed to have committed an offense
against such chapter and shall be liable for the penalties provided. A separate
offense against this Article shall be deemed committed on each day during
or on which a violation occurs or continues. A separate penalty may be imposed
for each separate offense.
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. The charge for operation and maintenance
will always be a separate bill item from other charges such as debt, service,
etc.
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, constitute a hazard in or have an adverse affect on the waters receiving any discharge from the treatment works is hereby prohibited. Section 79-6 of the Code of the Town of Goshen contains additional requirements covering the use of public sewers.
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 Section 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.
The rate per thousand gallons, based upon metered water consumption
for the fiscal year 1981, shall be $2.90.
