A.
It is the intention of the Webster
Town Board by the adoption of this article to establish and impose
sewer rents for the Town of Webster Town-Wide Sewer District and/or
any successor body, agency, commission or authority charged with the
duty of operation and maintenance of the Town of Webster Town-Wide
Sewer District and/or any additional sewer disposal districts or systems
formed pursuant to the provisions of the Town Law and the General
Municipal Law.
B.
In doing so it shall generate
revenues sufficient to pay all costs related to the operation and
maintenance, including replacement of the Town's complete sanitary
sewage wastewater system. Contributions to such costs shall be allocated
to all users of the wastewater system in proportion to the contribution
of the total load placed upon the wastewater treatment facilities.
Factors, including but not limited to the strength of effluent discharged,
(BOD and SS as elsewhere defined in the Webster Town Code), volume
and delivery flow rate characteristics, shall be considered using
a BOD limit of 300 milligrams per liter and an SS limit of 300 milligrams
per liter and shall be the basis for each industrial and commercial
user's financial contribution to the wastewater system to ensure an
equitable and proportionate distribution of the costs of operation
and maintenance thereof.
A.
All residential units using
the Town of Webster sewer system shall pay a sanitary sewer connection
fee to the Town of Webster Sewer Department when a building permit
or a sewer lateral permit is issued for said residential unit. Any
resident who has owned and occupied his/her residence prior to August
1, 1960, shall be exempt from all connection fee charges. Qualification
for said exempt residential status shall be determined from the Town
of Webster Assessor's office official files.
B.
The connection fee for commercial/industrial
users shall be determined by the Sewer Department based on applicable
water consumption for the previous twelve-month period or if for new
construction based on estimated water consumption.
C.
If an addition is made to an
existing commercial/industrial facility which results in a new connection
to the sewer, then another connection fee will be assessed.
A.
The Town Board shall annually,
by resolution, at the public hearing to establish the Town budget
(to be established and notice thereof published in the Town's official
newspaper), establish the sewer rent charge which shall be attributable
to wastewater treatment services for the next fiscal year.
B.
The owner of any property shall
pay the sewer rent charge whether or not the unit is connected to
the current sanitary sewer system. The sewer rent collectible for
such property shall include payment of the capital cost of existing
bonded indebtedness and operation and maintenance charges. However,
if any such unit is not actually connected to the Webster sanitary
sewer system, only the capital cost increment of such bonded indebtedness
shall be collected as the applicable sewer rent charge and not operation
and maintenance charges.
A.
Rental units shall include all
churches, schools, motels, hotels, institutions, stores, and commercial,
industrial and other nonresidential establishments. The number of
applicable sewer units shall be determined by dividing the annual
water consumption on said premises by 60,000 gallons. Each of said
premises, however, shall constitute a minimum of one rental unit.
Any sewer user whose sewer rent is based on annual water consumption
may elect to measure the actual amount of its sewage discharge into
the sewer system. All measuring devices, equipment, sub-meters, and
installation shall be installed at the sewer user's expense in accordance
with the Town of Webster Sewer Department's specifications, inspection
and approval.
B.
The water flow from a sub-meter
will be subtracted from the total water consumption in order to calculate
the correct amount discharged into the sanitary sewer system. All
flow measuring devices shall be calibrated annually at the owner's
expense. All expenses incurred by the Town at any time in connection
with its inspection and approval of such installations which relate
to measurement of sewage discharge into the sanitary sewer system
shall be reimbursed to the Town by the sewer user upon notice thereof.
The Town Board shall assess the applicable sewer charges against the real property at the same time and in the same manner as Town property taxes, and such amounts shall be set forth in two separate columns in the annual property tax roll. The amount so levied for sewer rent charges shall be collected and enforced in the same manner and at the same time as provided by law for collection and enforcement of other Town taxes and assessments, or as otherwise provided for in accordance with § 257-155.
Anything to the contrary notwithstanding in this chapter, if a property owner in the Town becomes a user as defined herein between the first day of January 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 the owner obtains a permit for hookup to the sanitary sewer or a certificate of occupancy and ending with the last month of such year and shall be paid at the time such owner obtains the permit. For any property classified as a single-family dwelling or multiple-dwelling unit, such monthly charge shall be based upon the applicable annual sewer rent unit charge for the number of residential rental units involved. A property owner is required to connect to sanitary sewers if his or her septic system fails, in accordance with § 257-15 of this chapter, and will therefore be considered a user at that time.
Overpayment of sewer rent shall be refunded to users upon a
written request by the user and verification of the overpayment by
the Town. The user must accompany a request for refund with the tax
number of the property and proof of payment of the sewer rent. In
no event shall any overpayment be refundable for more than three years
from the date of written request of overpayment.
The formula for sewer surcharge shall be computed by the Chief Plant Operator and/or Superintendent of Sewers. The additional units for industrial/commercial establishments to be added to the established Town 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 § 257-165. The general form for the determination of the surcharge factor (SF) shall be as follows:
|
SF
|
=
|
a(BOD-300)
300
|
+
|
b(SS-300)
300
|
+
|
c(CLD-25)
25
|
+
|
d(P-10)
10
|
|
Where:
| |||
|
SF
|
=
|
Surcharge factor
| |
|
BOD
|
=
|
Milligrams per liter of biochemical oxygen demand as defined in § 257-7
| |
|
SS
|
=
|
Milligrams per liter of suspended solids as defined in § 257-7
| |
|
CLD
|
=
|
Milligrams per liter of chlorine demand as defined in § 257-7
| |
|
P
|
=
|
Milligrams per liter of phosphorus as defined in § 257-7
| |
|
a
|
=
|
Proportion of operation and maintenance cost to treat a pound
of biochemical oxygen demand (BOD)
| |
|
b
|
=
|
Proportion of operation and maintenance cost to treat a pound
of suspended solids (SS)
| |
|
c
|
=
|
Proportion of operation and maintenance cost to treat a pound
of chlorine demand (CLD)
| |
|
d
|
=
|
Proportion of operation and maintenance cost to treat a pound
of phosphorus (P)
| |
|
NOTES:
|
|---|
|
a, b, c, and d are decimal portions of the total operation and
maintenance costs for the sewerage system. The values shall be determined
by the Chief Plant Operator/Superintendent of Sewers on a yearly basis
from data accumulated each preceding year from the actual operations
and maintenance costs.
|
|
If any of the values for BOD, SS, CLD or P as determined by laboratory analysis are less than the respective normal values stated in the definition of "normal sewage" in § 257-7, the factor for that pollutant shall be eliminated from the formula.
|
|
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.
|
Any additional charges and fees associated with the operation
of the pretreatment program shall be assessed to the user, including
but not limited to the following:
A.
Reimbursement of costs of setting
up and operating the pretreatment program.
B.
Issuing permits.
C.
Monitoring, inspections, and
surveillance procedures.
D.
Cost of equipment and supplies.
E.
Reviewing accidental discharge
procedures.
F.
Reviewing self-monitoring reports.
G.
Construction inspections.
H.
Filing appeals.
I.
Applications for consistent
removal status as outlined in 40 CFR 403.
J.
Other necessary expenses which
the Town may deem necessary to carry out the program to satisfy the
requirements of this chapter, the NYSDEC, and the Federal Government.
Discharge of scavenger wastes shall be made under individual
tickets for each load to be discharged under the terms of the permit.
Rates charged for the tickets shall be those rates determined by the
Town of Webster. Any schedule of fees related to the issuance of permits
for the disposal of scavenger wastes shall be established within the
rules and regulations adopted by the Town of Webster.
The Town may contract with municipal entities to provide services
to them such as flushing, televised inspection, and/or sealing of
sewers, the operating of wastewater facilities, etc., both in and
out of the Town. The Town Board shall establish the rates to be charged
for these services.
The provisions of Article XII 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 Webster Town Board shall have the authority to impose impact
fees in addition to any other fees assessed on new development or
rezoning, which development may:
All revenues derived by the Town shall be credited to the Town
of Webster Sewer Department accounts. Monies 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 Town's
POTW.
B.
For the discovery and correction
of inflow and infiltration in the collection system.
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 Town's
POTW.
D.
For the extension, enlargement,
replacement of, and/or additions to the Town's POTW, including any
necessary appurtenances.
E.
For administrative support from
other Town departments.
