For brevity and ease of communication, this article may be cited
as the "Sewer Rent Law for the Boiceville Sewer District and the Shokan
Sewer District."
The Town Board of the Town of Olive, pursuant to the provisions
of Article 14-F of the General Municipal Law, entitled "Sewer Rent
Law," and, in particular, § 452 thereof, does hereby establish
and impose sewer rents to be charged in the POTW Service Area for
all properties connected to the POTW.
Unless otherwise stated in the section, where the term is used
in this article the meaning of the terms used in this article shall
be as stated below. When not inconsistent with the context, the present
tense shall include the future, and words used in the plural shall
include the singular and vice versa. For the purposes of this article,
"shall" is mandatory; "may" is permissive.
The average daily wastewater flow from a residential or nonresidential
structure.
For residential users in the Boiceville Sewer Service Area (regardless
of whether meters are installed), the actual average flow is equivalent
to 300 gallons per day (300 gpd) per EDU. For residential users in
the Shokan Sewer Service Area (regardless of whether meters are installed),
the actual average flow is equivalent to 260 gallons per day (260
gpd) per EDU.
For nonresidential users without water meters (excluding the
Supplemental Service Area), the property owner may install a meter
to measure actual average flow for purposes of calculating sewer use
charges. In the absence of metered data, the flows specified in Appendix
C[1] shall be used to calculate the sewer use charges for nonresidential
users. Otherwise, the actual average flow for nonresidential users,
unless otherwise modified by a resolution of the Town Board, for purposes
of calculating sewer use charges is the actual meter readings as set
forth below.
For metered flow, the actual average flow will be calculated
as the metered flow of the prior year. For meters that are not part
of the Town water system, it is the responsibility of the property
owner to provide to and file with the Town Clerk of the Town of Olive
an affidavit of actual flow for a twelve-month period specified by
the Town by July 15 of that year; otherwise, at the option of the
Town, the flows specified in Appendix C shall be used to calculate
the sewer use charges for the next year.
Actual average flow for the Nonresidential Supplemental Service
Area user is the flow specified in Appendix C for that particular
user unless otherwise modified by a resolution of the Town Board,
and excluding residential flow proportion.
The City of New York, and any of its departments and agencies,
including, without limitation, NYCDEP.
The sum of residential flows and nonresidential flows, whether
metered or estimated, to the WWTP.
The service area for the Boiceville Sewer System (including
any Supplemental Service Area) agreed to by the Town and the NYCDEP
and as filed in the Town Clerk's office and with the New York
State Department of Environmental Conservation, New York State Department
of Health and the NYCDEP. The Designated Service Area (including the
Supplemental Service Area) is attached hereto and incorporated herein
as Appendix D.[2]
The service area for the Shokan Sewer System (including any
Supplemental Service Area) agreed to by the Town and the NYCDEP and
as filed in the Town Clerk's office and with the New York State
Department of Environmental Conservation, New York State Department
of Health and the NYCDEP. The Designated Service Area is attached
hereto and incorporated herein as Appendix E.[3]
Water usage proportional to that equivalent to a typical
single-family residence within the Designated Service Area. All residential
users within the Designated Service Area for Boiceville are assigned
one EDU, which is 300 gallons of water use per day. All residential
users within the Designated Service Area for Shokan are assigned one
EDU, which is 260 gallons of water use per day.
The Nonresidential Supplemental Service Area proportionate
share of O&M costs divided by the Nonresidential Supplemental
Service Area total actual average flow.
The uncovered operation and maintenance costs divided by
the combined residential and nonresidential flow.
The O&M costs divided by the total combined residential
and nonresidential flow.
A dwelling place or household as defined in the O&M Agreement
in Section 1.01.
The fund generated by charging all nonresidential users (excluding
the Supplemental Service Area) a minimum annual fee of $250. The intent
of the minimum fee fund is to use the funds generated by instituting
a minimum fee to offset the cost for nonresidential users.
A parcel or facility that contains both residential and nonresidential
users as referenced in the O&M Agreement in the definition of
"household" in Section 1.01(11).
The sum of the actual average flow of wastewater flows from
all nonresidential users to the municipal sewer system, excluding
the Supplemental Service Area and the residential flow proportion.
The actual average flow minus residential flow proportion.
The O&M costs:
The:
The sum of actual average flow for the nonresidential users
in the Supplemental Service Area.
The difference between nonresidential share of O&M costs
and the minimum fee fund divided by the nonresidential flow.
All users discharging wastewater to the Municipal Sewer System
other than residential users.
The New York City Department of Environmental Protection.
The costs of operating and maintaining the POTW as those
costs are defined in Section 1.01 of the O&M Agreement for Boiceville
and the O&M Agreement for Shokan, but excluding any watershed
equipment and method related costs as defined in the O&M Agreement
in Section 1.01.
The O&M Agreement attached hereto as Appendix E.[4]
The O&M Agreement to be entered into between the City
of New York and Shokan Sewer District. For sample of anticipated terms,
see O&M Agreement for Boiceville attached as Appendix E.[5]
The actual average flow for the residential portion of a
mixed-use structure. In the Boiceville Service Area, the residential
flow proportion is calculated as the sum of the EDUs within the structure
times 300 gallons per day (300 gpd). In the Shokan Service Area, the
residential flow proportion is calculated as the sum of the EDUs within
the structure times 260 gallons per day (260 gpd).
The sum of the actual average flow of wastewater from all
residential users in the designated service area.
A dwelling place or household as defined in Section 1.01(11)
of the O&M Agreement for Boiceville and the O&M Agreement
for Shokan that is located in the Designated Service Area for Boiceville
or Shokan that is connected to the POTW.
All facilities for collecting, regulating, pumping and transporting
wastewater to and away from the POTW Treatment Plant.
All nonresidential users that are in the area designated
in Appendix D or Appendix E as the Supplemental Service Area.[6]
The debt or capital charge assessed equitably against benefited
residential and nonresidential users.
Equal to the GPD user charge times:
Equal to the watershed MOA household cap times the number
of EDUs for a particular user plus the uncovered user charge.
The Town of Olive.
All costs incurred by the POTW in operating, maintaining,
repairing and replacement of the sewer system that are not classified
as O&M costs hereunder.
The GPD uncovered user charge times the actual average flow
for a particular user.
Any property connected to the POTW.
The plant treating wastewater from the POTW. For purposes
of this article, the Shokan WWTP will be considered the WWTP.
The equipment and methods incorporated in the sewer system
required solely by the watershed regulations as defined in Section
1.01(25) of the O&M Agreement for Boiceville and the O&M Agreement
for Shokan.
The New York City Watershed Memorandum of Agreement as executed
on January 21, 1997.
The sewer use charge for households as defined in Section
1.01(26) of the O&M Agreement for Boiceville and the O&M Agreement
for Shokan.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
[2]
Editor's Note: Appendix D is included as an attachment to this chapter.
[3]
Editor's Note: Appendix E is included as an attachment to this chapter.
[4]
Editor's Note: Appendix E is included as an attachment to this chapter.
[5]
Editor's Note: Appendix E is included as an attachment to this chapter.
[6]
Editor's Note: Appendixes D and E are included as attachments to this chapter.
All terms defined in the O&M Agreement for Boiceville and
the O&M Agreement for Shokan are hereby incorporated into and
made a part of this chapter by reference, except to the extent expressly
modified herein.
A.
Payment of sewer use charges for residential users. An annual sewer
use assessment shall be levied in advance against each residential
user, to be mailed concurrent and/or as part of the semi-annual Town
utility bill to the property owner. Payment shall be made in accordance
with the procedures for payment of the tax bills, and the assessment
of any interest and/or penalties shall also be calculated the same
as interest and/or penalties are calculated for the tax bill.
B.
Calculating sewer use charges for residential users. Sewer use charges
will be assessed against residential users in an amount equal to total
residential user charge plus surcharge.
C.
Calculating household subsidy required under Paragraph 122(k).
(1)
For purposes of the O&M Agreement for Boiceville and the
calculation of the household subsidy required under Paragraph 122(k)
of the Watershed MOA, the aggregate total of all sewer, rents, charges,
and/or other fees properly allocable to and charged to a particular
household served within the Designated Service Area for Boiceville
shall be equal to the total residential covered user charge.
(2)
For purposes of the O&M Agreement for Shokan and the calculation
of the household subsidy required under Paragraph 122(k) of the Watershed
MOA, the aggregate total of all sewer, rents, charges, and/or other
fees properly allocable to and charged to a particular household served
within the Designated Service Area for Shokan shall be equal to the
total residential covered user charge.
A.
Payment of sewer use charges for nonresidential users. An annual
sewer use assessment shall be levied in advance against each nonresidential
user, to be mailed concurrent and/or as part of the semi-annual Town
utility bill to the property owner. Payment shall be made in accordance
with the procedures for payment of the tax bills, and the assessment
of any interest and/or penalties shall also be calculated the same
as interest and/or penalties are calculated for the tax bill.
B.
Calculating nonresidential sewer use charges. Sewer use charges shall
be assessed against nonresidential users as the sum of the following:
(1) $250 and (2) the product of the nonresidential user charge and
the actual annual flow and (3) of the product of the GPD uncovered
user charge and the actual annual flow plus (4) the surcharge:
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Non Residential Sewer Use Charge =
[$250] + [Nonresidential User Charge x Actual Average Flow]
+ [GPD Uncovered User Charge x Actual Average Flow] + [Surcharge]
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C.
Calculating sewer use charges for nonresidential users in the Supplemental
Service Area. Sewer use charge shall be assessed against the nonresidential
user in the Supplemental Service Area as the sum of the following:
(1) the product of the GPD nonresidential user charge for Supplemental
Service Area and the actual average flow and (2) the product of the
GPD uncovered user charge and the actual average flow plus (3) the
surcharge.
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Nonresidential User Charge in the Supplemental Service Area
=
[GPD Nonresidential User Charge for Supplemental Service Area
x Actual Average Flow] + [GPD Uncovered User Charge x Actual Average
Flow] + [Surcharge]
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A.
Payment of sewer use charges for mixed-use structures. An annual
sewer use assessment shall be levied in advance against each mixed-use
structure, to be mailed concurrent and/or as part of the semi-annual
Town utility bill to the property owner. Payment shall be made in
accordance with the procedures for payment of the tax bills, and the
assessment of any interest and/or penalties shall also be calculated
the same as interest and/or penalties are calculated for the tax bill.
B.
Calculating sewer use charges for mixed-use structures. Sewer use
charges will be equal to total residential user charge plus the sewer
use charges assessed against nonresidential users as the sum of the
following: (1) $250 plus (2) the product of the nonresidential user
charge and the nonresidential flow proportion and (3) of the product
of the GPD uncovered user charge and the nonresidential flow proportion
and (4) the surcharge:
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Total Sewer Use Charge for Mixed-Use Structure =
[Total Residential User Charge] +
[$250] + [Nonresidential User Charge x Nonresidential Flow Proportion]
+ [Nonresidential Flow Proportion x GPD Uncovered User Charge] + [Surcharge]
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C.
Calculating sewer use charges for mixed-use structures in the Supplemental
Service Area. Sewer use charges will be equal to total residential
user charge plus the sewer use charges assessed against nonresidential
users as the sum of the following: (1) the product of the GPD nonresidential
user charge for Supplemental Service Area and the nonresidential flow
proportion and (2) the product of the GPD uncovered user charge and
the nonresidential flow proportion and (3) the surcharge.
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Total Sewer Use Charge for Mixed-Use Structure =
[Total Residential User Charge] + [GPD Nonresidential User Charge
for Supplemental Service Area and the Nonresidential Flow Proportion]
+ [Nonresidential Flow Proportion x GPD Uncovered User Charge] + [Surcharge]
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Any unpaid assessment shall represent a lien on the property
to the same extent and in the same manner as the real property tax.
(Reserved)
