For brevity and ease of communication, this
article may be cited as the "Sewer Rent Law for Shandaken Sewer System."
The Town Board of the Town of Shandaken, pursuant
to the provision 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 Shandaken
sewer system for all properties connected to the Shandaken sewer system.
A.
Where the term is used in this article, the meaning
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 the article, "shall" is mandatory; "may" is permissive.
B.
ACTUAL AVERAGE FLOW
(1)
(2)
(3)
CITY
COMBINED RESIDENTIAL AND NONRESIDENTIAL FLOW
DESIGNATED SERVICE AREA (AKA "TOWN SEWER DISTRICT")
EQUIVALENT DWELLING UNIT (EDU)
GPD UNCOVERED USER CHARGE
GPD USER CHARGE
HOUSEHOLD
MINIMUM FEE FUND
MIXED USE STRUCTURE
NONRESIDENTIAL COVERED USER CHARGE
NONRESIDENTIAL FLOWS
NONRESIDENTIAL FLOW PROPORTION
NONRESIDENTIAL SHARE OF O&M COST
NONRESIDENTIAL USER CHARGE
NONRESIDENTIAL USERS
NYCDEP
OPERATIONS & MAINTENANCE (O&M) AGREEMENT
OPERATION & MAINTENANCE (O&M) COSTS
RESIDENTIAL FLOW PROPORTION
RESIDENTIAL FLOWS
RESIDENTIAL USER
SEWER SYSTEM
SURCHARGE
TOTAL RESIDENTIAL COVERED USER CHARGE
TOTAL RESIDENTIAL USER CHARGE
TOWN
UNCOVERED OPERATIONS AND MAINTENANCE COSTS
UNCOVERED USER CHARGE
USER
WASTEWATER TREATMENT PLANT (WWTP)
WATERSHED EQUIPMENT AND METHODS COSTS
WATERSHED MEMORANDUM OF AGREEMENT (MOA)
WATERSHED MOA HOUSEHOLD CAP
As used in article, the following terms shall have
the meanings indicated:
The average daily wastewater flow from a residential or nonresidential
structure.
For residential users (regardless of whether
meters are installed), the actual average flow is equivalent to 300
gallons per day per EDU.
For nonresidential users without Town water
meters, 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
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 Shandaken 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[2] shall be used to calculate the sewer use charges for the
next year.
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 Shandaken 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 (excepting the
supplemental service area) is attached hereto and incorporated herein
as Appendix D.[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 are assigned one EDU which
is 291 gallons of water use per day.
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 (15).
The fund generated by charging all nonresidential users a
minimum fee of $200. 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 Section 1.01 (11).
The product of the GPD user charge and the actual average
flow for nonresidential users after deducting the residential flow
proportion.
The sum of the actual average flow of wastewater flows from
all nonresidential users to the municipal sewer system.
The actual average flow minus residential flow proportion.
The O&M Costs minus the sum of the total residential
covered user charges and minus $10,000.
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 O&M Agreement attached as Appendix F to the amended
and restated new infrastructure agreement entered into between the
Town and the City. The O&M Agreement addresses the payment of
O&M costs associated with operation of the sewer system.
The costs of operating and maintaining the municipal sewer
system as those costs are defined in the O&M agreement in Section
1.01 (15) but excluding watershed O&M costs as those costs are
defined in the O&M agreement in Section 1.01 (25).
The actual average flow for the residential portion of a
mixed use structure calculated as the sum of the EDUs within the structure
times 300 gallons per day.
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 the O&M Agreement
in Section 1.01 (11) that is located in the designated service area
that is connected to the municipal sewer system.
All facilities for collecting, regulating, pumping and transporting
wastewater to and away from the Town's treatment plant.
The debt or capital charge assessed equitably against benefitted
residential and nonresidential users.
Equal to the GPD user charge times 300 gpd times the number
of EDUs for a particular user.
Equal to the watershed MOA household cap times the number
of EDUs for a particular user plus the uncovered user charge.
The Town of Shandaken.
All costs incurred by the Shandaken sewer system 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 municipal sewer system.
The plant treating wastewater from the Shandaken sewer system.
The equipment and methods incorporated in the sewer system
required solely by the watershed regulations as defined in the O&M
Agreement in Section 1.01 (25).
The New York City Watershed Memorandum of Agreement as executed
on January 21, 1997.
The sewer use charge for households as defined in the O&M
Agreement in Section 1.01 (26).
[1]
Editor's Note: Appendix C is included at the end of this chapter.
[2]
Editor's Note: Appendix C is included at the end of this chapter.
[3]
Editor's Note: Appendix D is included at the end of this chapter.
C.
Defined terms in O&M Agreement incorporated by
reference. All terms defined in the O&M Agreement are hereby incorporated
into and made a part of this chapter by reference, except to the extent
expressly modified herein. A copy of the O&M Agreement is attached
as Appendix E.[4]
[4]
Editor's Note: Appendix E is on file in the
Town offices.
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 with and as part of
the semiannual 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). In addition, for purposes of the O&M Agreement 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 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 with and as part
of the semiannual 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)
Two hundred dollars; plus
(2)
The product of the nonresidential user charge and
the actual average flow; and
(3)
Of the product of the GPD uncovered user charge and
the actual average flow; plus
(4)
The surcharge:
|
Nonresidential Sewer Use Charge =
[$200] + [Nonresidential user charge
x Actual Average Flow] + ]GPD uncovered
user charge x Actual average flow]
+ [Surcharge]
|
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 as part of the
semiannual 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)
Two hundred dollars; plus
(2)
The product of the nonresidential user charge and
the nonresidential flow proportion; plus
(3)
The product of the GPD uncovered user charge and the
nonresidential flow proportion; and
(4)
The surcharge:
|
Total Sewer Use Charge for Mixed Use Structure
=
(Total Residential User Charge) +
[$200] + [Nonresidential User Charge x Non-Residential
Flow
Proportion]+ [Non-Residential Flow Proportion
x GPD Uncovered
User Charge] + [Surcharge]
|
Any unpaid assessment shall represent a lien
on the property to the same extent and the same as the real property
tax.
