There is hereby established in any and all Town
of Batavia sanitary sewer districts a system of sewer rents which
shall be used:
The sewer rents shall consist of the following
components:
A.
An operation and maintenance charge that shall be levied on all users of the wastewater treatment system. The operation and maintenance charge will result in the distribution of the costs of operation and maintenance, including equipment replacement, of the wastewater treatment system to each user in proportion to such user's contribution to the total wastewater loading of the treatment works as required by the Act. Each user's contribution shall be based on sewer use. The operation and maintenance charge shall be computed based upon sewer use as determined pursuant to §§ 191-55, 191-56 and 191-57; provided, however, that for the first year a property is tied into the wastewater treatment system, operation and maintenance charges shall be computed based on the most recent average yearly water consumption data. The operation and maintenance charge shall become due and payable quarterly and shall be paid pursuant to the provisions of this chapter. The rate of the operation and maintenance charge shall be determined and reviewed by the Town Board pursuant to § 191-53 hereof.
B.
An industrial operation and maintenance surcharge that shall be levied on all industrial users discharging excessive compatible pollutants as defined in Article IV. This charge shall be levied to cover the additional operation and maintenance costs necessary to transport and treat these wastes. This charge shall be based upon the industrial user's proportionate share of the district's operation and maintenance costs (including equipment replacement costs) based on wastewater flow and mass emission rates required by the Act. The industrial surcharge shall become due and payable quarterly and shall be paid pursuant to the provisions of this chapter. The industrial operation and maintenance surcharge shall be computed by the Department of Water and Sewage and shall be determined by said Department as follows:
(1)
The excess pounds of biochemical oxygen demand (BOD), suspended solids, ammonia nitrogen, chlorine and phosphorus requirements will be computed by multiplying the person's wastewater volume in million gallons per day by the constant 8.345 and then multiplying this product by the difference between the person' s concentrations of biochemical oxygen demand (BOD), suspended solids, ammonia nitrogen, chlorine and phosphorus requirements and the aforementioned nonexcessive concentration in mg/l by weight. The surcharge for each constituent will then be determined by multiplying the excess pounds of each constituent by the appropriate rate of surcharge discussed below. This product will then be multiplied by the number of days in the billing period to determine the surcharge. Concentration figures in the above calculations shall be daily averages determined in accordance with the provisions of Article VI, Industrial Discharge Permits and Monitoring.
(2)
Rates of surcharge. The rates of surcharge for each
of the excessive compatible constituents listed below shall be the
City of Batavia rate of surcharge for each constituent in effect at
the time, plus the Town's actual administrative cost, which shall
be determined by the Town. The surcharge shall be in addition to the
charge for the nonexcessive waste discharge.
(3)
The amount of surcharge shall reflect the cost incurred
by the Town and city in removing the excess biochemical oxygen demand
(BOD), suspended solids, ammonia nitrogen and phosphorus. This surcharge
may include a proportionate share of the following:
(a)
Fixed charges and amortization costs for the
wastewater treatment works related to the appropriate surcharge parameter,
as determined by the Department of Water and Sewage. Such basis of
fixed charges shall be recalculated each year, or at the end of major
construction periods, whichever is shorter; and
(b)
The actual annual cost of operation of the portions
of the wastewater treatment works, including repairs and maintenance,
related to the appropriate surcharge parameter, as determined by the
Department of Water and Sewage.
C.
User charges shall be levied on all owners of any
parcel of real property situated within a sanitary sewer district
or any user outside of the district boundaries. The user charge shall
represent the proportionate share of the district's capital costs
as determined by the Town Board and will be based on sewer use and/or,
at the discretion of the Town Board, excessive compatible pollutants
if applicable.
(1)
It is the determination of the Batavia Town Board
that this charge shall constitute the sewer use portion of the Town's
benefit formula assessed for the purpose of amortizing capital construction
costs and that the balance of said costs be amortized through assessment
charges based on property valuations to be levied on owners of all
parcels of real property situated within a sanitary sewer district,
which assessment charges shall be due and payable yearly and shall
be included in the property owner's tax bill.
(2)
User charges for other than excessive compatible pollutants shall be computed based upon the user's sewer use as determined pursuant to §§ 191-55, 191-56 and 191-57. User charges shall be due and payable quarterly and shall be paid pursuant to the provisions of this chapter. The rate of user charges shall be determined and reviewed by the Town Board pursuant to § 191-53.
(3)
If the user charge for an industry is based on excessive compatible pollutants, this proportionate share will be based on the cost incurred by the Town in constructing collection and treatment facilities for the wastewater discharged to the public sewer by the industrial user. This incurred construction cost estimate will be based upon the design requirement for collecting and treating the hydraulic flow; BOD5, suspended solids, chlorine demand, ammonia nitrogen and phosphorus requirements; and any other applicable waste characteristics that must be taken into account in the design. The specific design requirements of each industry will be arrived at through application to the Town and/or city as per the requirements of Articles V and VI and a special agreement entered into between the sewer district and industrial user. User charges to industries based upon excessive compatible pollutants shall be determined and computed by the Department of Water and Sewage, shall become due and payable quarterly, and shall be paid pursuant to the provisions of this chapter.
A.
Pursuant to § 452 of the New York State
Town Law, all sewer rents and charges shall be determined hereinafter
by the Town Board by resolution and shall be reviewed at least yearly
by said Town Board, provided that any resolution establishing and/or
amending sewer rents and charges shall be adopted only after a public
hearing upon at least five days' public notice.
[Amended 8-20-2003 by L.L. No. 1-2003]
B.
C.
User charges levied pursuant to the provisions of § 191-52B of this chapter shall be according to the following rates:
[Amended 12-17-1997 by L.L. No. 2-1997]
(1)
For Sewer District No. 1 of the Town of Batavia, New York, exclusive of the Genesee Community College, the rate of $0.81 for each 1,000 gallons of sewer use per quarter, and for the Genesee Community College the rate of $1.33 for each 1,000 gallons of sewer use per quarter, both as determined pursuant to the provisions of §§ 191-55, 191-56 and 191-57 of this chapter.
A.
The amount due each quarter for operation and maintenance
charges, industrial operation and maintenance surcharges and user
charges shall be stated on the regular water bill and shall be itemized
as separate and distinct charges.
B.
All sewer charges in § 191-53 shall be due and payable at the same time water bills are due and payable.
C.
Responsibility for payment of sewer charges is with
the property owner and/or operator of an industrial or commercial
facility.
D.
A ten-percent penalty shall be added to any bill or
portion thereof in arrears for 30 days. Any rent, charge or fee not
paid shall become a lien upon the premises served and shall be collectible
as provided by New York State Law.
Except as herein provided in this article, the
sewer use shall be the total metered water use.
A.
In the event the owner of a lot, parcel of land, building
or other premises discharging wastewater into a sanitary sewer, either
directly or indirectly, uses metered Town water in excess of 25,000
gallons per quarter and claims a significant portion of the metered
water does not return to the sanitary sewer, such owner may file a
written statement to that effect with the Department of Water and
Sewage.
B.
Upon receipt of such statement, the Department of
Water and Sewage may authorize the installation, at the owner's expense,
of a separate meter or meters to measure the metered water returning
to the sanitary sewer. If the installation of such a meter or meters
is not practical, the Department of Water and Sewage shall determine
a method of measuring the wastewater entering the sanitary sewer.
In such cases, the sewer charges shall be based on this determination.
However, only the owner's operation and maintenance charges shall
be waived. The user charges on the owner's quarterly billing and sewer
charge to cover capital construction costs on the owner's annual tax
statement shall not be waived.
C.
The significant undischarged portion of the metered
water use must be in excess of that quantity of water use that a typical
water user does not discharge into the sewer, and the agreed-upon
water use reduction will only reflect that amount of undischarged
water use that is in excess of what is typical.
In the event that a property owner or occupant,
either directly or indirectly, discharges nonmetered water into the
Town sanitary sewer system, the property owner must provide either
a water meter and appropriate filtration devices or a sewer meter
as determined and directed by the Department of Water and Sewage to
measure and/or estimate the nonmetered water entering the Town sanitary
sewer system. In such cases the property owner shall be assessed operation
and maintenance charges, user charges and appropriate surcharges on
the nonmetered water which is to be measured pursuant to the provisions
of this section.
All expenses in connection with metering shall
be charged to the owner of the land.
If applicable, provisions of this article covering user charges shall not pertain to industrial users if they have a specific agreement with the applicable sewer district in accordance with § 191-52 of this article.
The user charge system contained herein shall
take precedence over any terms or conditions of agreements or contracts
between the Town and users (including industrial users, special districts,
other municipalities, and state and federal agencies or installations)
which are inconsistent with the requirements of Section 204(b)(1)(A)
of the Clean Water Act (33 U.S.C. § 1251 et seq., as amended)
or the 40 CFR Part 35 rules and regulations (February 17, 1984).
