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City of Middletown, NY
Orange County
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Table of Contents
Table of Contents
A. 
If another municipality contributes wastewater to the POTW, the City shall enter into an intermunicipal agreement with the contributing municipality. If a user located outside the City contributes wastewater to the POTW, the City may enter into an intermunicipal agreement with the municipality in which the out-of-City user is located addressing the out-of-City use. Alternatively, and upon authorization of the Common Council, the City may enter into an agreement directly with the out-of-City user; in that event, the requirements of Subsections B and C of this § 389-44 shall be addressed as applicable within such agreement.
[Amended 11-21-2017]
B. 
Prior to entering into an agreement required by Subsection A of this section, above, the Commissioner shall request the following information from the contributing municipality:
(1) 
A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
(2) 
An inventory of all users located within the contributing municipality that are discharging to the POTW; and
(3) 
Such other information as the Commissioner may deem necessary.
C. 
An intermunicipal agreement, as required by Subsection A of this section, above, shall contain the following conditions:
(1) 
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter 389 and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in § 389-30. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to this chapter 389 or local limits;
(2) 
A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
(3) 
A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Commissioner; and which of these activities will be conducted jointly by the contributing municipality and the Commissioner;
(4) 
A requirement for the contributing municipality to provide the Commissioner with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(5) 
Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
(6) 
Requirements for monitoring the contributing municipality's discharge;
(7) 
A provision ensuring the Commissioner access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Commissioner; and
(8) 
A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
A. 
The rates for out-of-City users of the City's sewage facilities shall be set annually during the budget process and approved by the Common Council. City and out-of-City rates may be the same. Notwithstanding the foregoing, the Common Council, in its discretion and at times that may not necessarily coincide with the annual budget process, shall have the power to charge different rates for out-of-City users (whether higher or lower than City rates) based on such factors as the Common Council may deem relevant and appropriate. The sewer users shall be billed at the same times and concurrently with the water billing.
[Amended 11-21-2017]
B. 
In the event a nonresident of the City connects with the City sewage facilities outside the corporate limits of the City and does not use City water, then and in that event said user shall pay quarterly to the City on the first days of March, June, September and December a minimum charge of $5 each quarter, in the case of residence use, and $10 for business and industrial users.
All applicants for the use of City sewage facilities outside the corporate limits of the City shall pay connection charges in accordance with the provisions of §§ 193-52 and 193-53 of this Code.
The City Treasurer be and is hereby authorized, empowered and directed to bill the users of City sewage facilities outside the corporate limits of the City in the amounts and in the manner set forth in this chapter.