Town of Warwick, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Warwick 11-13-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Sanitary sewers — See Ch. 124.
Solid waste management facilities — See Ch. 134.
Water — See Ch. 157.
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the Town to collect charges from all users who contribute wastewater to the Town's treatment works. The proceeds of such charges so derived will be used for the purpose of operating and maintaining such public wastewater treatment works.
A. 
Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in milligrams per liter (mg/l).
COMMERCIAL USER
All retail stores, restaurants, office buildings, laundries and other private business and service establishments.
GOVERNMENTAL USERS
Includes legislative, judicial, administrative and regulatory activities of federal, state and local governments.
INDUSTRIAL USER
Any nongovernmental, nonresidential user of publicly owned treatment works which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended, and supplements under the following divisions: Division A: Agriculture, Forestry and Fishing; Division B: Mining; Division D: Manufacturing; Division E: Transportation, Communications, Electric, Gas and Sanitary; Division I: Services.
INSTITUTIONAL USER
Includes social, charitable, religious and educational activities such as schools, churches, hospitals, nursing homes and similar institutional users.
NORMAL DOMESTIC WASTEWATER
Wastewater that has a BOD concentration of not more than 300 milligrams per liter and a suspended solids concentration of not more than 300 milligrams per liter and a total Kjeldahl nitrogen concentration of not more than 25 milligrams per liter. Additional restrictions of pollutants in the wastewater stream can be noted in the Sewer Use Ordinance.
[1]
OPERATION AND MAINTENANCE
Those functions which result in expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes "replacement."
RESIDENTIAL CONTRIBUTOR
Any contributor to the Town's treatment works whose lot, parcel of real estate or building is used for domestic dwelling purposes only.
SEWER SERVICE CHARGE
The combination of all service charges for sewer services.
SS (denoting "suspended solids")
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
TREATMENT WORKS
Any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extension improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; and any works, including site acquisition of the land, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.
USEFUL LIFE
The estimated period during which a treatment works will be operated.
USER CHARGE
That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.
WATER METER
A water volume measuring and recording device, furnished and/or installed by the Town of Warwick or furnished and/or installed by a user and approved by the Town of Warwick.
[1]
Editor's Note: See Ch. 124, Sanitary Sewers.
B. 
Word usage. "Shall" is mandatory; "may" is permissive.
A. 
The user charge shall generate adequate annual revenues to pay the costs of annual operation and maintenance, including replacement costs, associated with financing the treatment works.
B. 
The user charge, which is designated for operation and maintenance, including replacement, of the treatment works, shall be established by this chapter.
C. 
The user charge, as established in § 127-4, shall be deposited in a separate nonlapsing fund known as the "Sewer Service Charge Fund."
D. 
Fiscal year-end balances in the operation and maintenance account and the replacement account shall be used for no other purposes than those designated for these accounts. Moneys which have been transferred from other source to meet temporary shortages in the Sewer Service Charge Fund replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation and maintenance and replacement. The user charge rate(s) shall be adjusted such that the transferred moneys will be returned to their respective accounts within the fiscal year following the fiscal year in which the moneys were borrowed.
A. 
The following classes of users and charges to those users are hereby established:
(1) 
Class I: residential users. Operation and maintenance charges attributable to flow will be calculated as follows:
Charge:
Clu = (Ct/Vt)(Vlu)
Where:
Clu = Class I user's charge for operation and maintenance per unit of time
Ct = Total operation and maintenance costs per unit of time
Vt = Total volume contribution from all users per unit of time
Vlu = Volume contribution from user per unit of time as metered
(2) 
Class II: light commercial/institutional users, comprised of nonresidential users which contribute to the sewage treatment plant flows less than 25,000 gallons per day or 5% of the design flow of the plant, whichever is less, of normal domestic wastewater or normal domestic-strength wastewater. Operation and maintenance charges attributable to flow will be calculated as follows:
Charge:
C2u = (Ct/Vt)(V2u)
Where:
C2u = Class II user's charge for operation and maintenance per unit of time
Ct = Total operation and maintenance costs per unit of time
Vt = Total volume contribution from all users per unit of time
V2u = Volume contribution from user per unit of time as metered
(3) 
Class III: heavy commercial/industrial users, nonresidential users which contribute flows in excess of 25,000 gallons or 5% of the design flow of the plant per day or wastes with BOD5 or SS concentrations in excess of normal domestic wastewater. The basis for the billing will be flow, BOD and SS. Operation and maintenance charges attributable to flow, BOD and SS will be calculated as follows:
Base charge:
C3u = (Ct/Vt)(V3u)
Where:
C3u = Class III user's charge for operation and maintenance per unit of time
Ct = Total operation and maintenance costs per unit of time
Vt = Total volume contribution from all users per unit of time
V3u = Volume contribution from Class II user per unit of time
Surcharge:
C2 = [Bc(B) Sc(S)] Vu
Where:
Cs = Surcharge for wastewaters of excessive strength
Bc = Operation and maintenance cost for treatment of a unit of biochemical oxygen demand (BOD)
B = Concentration of BOD from a user above a base level
Sc = Operation and maintenance cost for treatment of a unit of suspended solids
S = Concentration of SS from a user above a base level
Vu = Volume contribution from a user per unit of time
(4) 
For operation and maintenance calculations, the total annual cost is the cost of operation and maintenance and of replacement reserve fund cost of the appropriate municipal facilities. Cost allocation factors will be calculated as shown on attached Tables No. 1 and 2.[1]
[1]
Editor's Note: The tables referred to are on file at the Town offices.
B. 
Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the Town's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increase in the cost of operation, maintenance or replacement of the treatment works, shall pay for such increased costs. The charge to each such user will be as determined by the responsible plant-operating personnel and approved by the Town.
C. 
The sewer service charge rates established in this section apply to all users, including Town Sewer District No. 1, Town Sewer District No. 1 Extension and Mid-Orange Correctional Institute.
A. 
All users shall be billed quarterly. Billings for any particular quarter shall be made within 20 days after the end of the billing. Payments are due within 20 days after the end of the period. Any payment not received within 30 days after the end of the billing shall be delinquent.
B. 
A late payment penalty of 1.5% of the user charge bill will be added to each delinquent bill for each 30 days or portion thereof of delinquency. When any bill is more than 90 days in default, such bill shall be presented to the County of Orange for payment and said bill will then become part of the county tax lien on said property.
C. 
Final sewer reading charge: $40.
[Added 2-13-2003]
[Amended 2-13-2003; 10-11-2018 by L.L. No. 7-2018]
A. 
All users shall be billed quarterly. Billings for any particular quarter shall be made within 20 days after the end of the billing. Payments are due within 20 days after the end of the period. Any payment not received within 30 days after the end of the billing shall be delinquent. The Town Supervisor is hereby authorized and designated to receive and collect all charges and other fees payable to the Town pursuant to this chapter.
B. 
A late payment penalty of 1.5% of the user charge bill will be added to each delinquent bill for each 30 days or portion thereof of delinquency. When any bill is more than 90 days in default, such bill shall be presented to the County of Orange for payment and said bill will then become part of the county tax lien on said property.
C. 
Final sewer reading charge: $40.
All users contributing more than 25,000 gallons or 5% of the design flow of the plant per day or whose waste strength is greater than 300 milligrams of BOD per liter or 300 milligrams of suspended solids per liter shall prepare and file with the Town a certified laboratory report that shall include pertinent data relating to the wastewater characteristics, including the methods of sampling and measurement to obtain this data. This data shall then be used to calculate the user charge for that user. The Town shall have the right to gain access to the waste stream and take its own samples. Should the Town do so and should the results be substantially different as determined by the Town from the data submitted by the user, the user charge for that user shall be revised for the next billing period.
A. 
Any user who feels his user charge is unjust and inequitable may make written application to the Town Board requesting a review of his user charge. Said written request shall, where necessary, show the actual or estimated average flow and/or strength of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.
B. 
Review of the request shall be made by the Town Board, and, if substantiated, the user charges for that user shall be recomputed based on the revised flow and/or strength data and the new charges shall be applicable to the next billing cycle/period.
A. 
The Town Board will review the user charges at least annually and revise the rates as necessary to ensure that adequate revenues are generated to pay the costs of operation and maintenance, including replacement, and that the system continues to provide for the proportional distribution of operation and maintenance costs, including replacement costs, among users and user classes.
B. 
The Town Board will notify each user at least annually of the rate being charged for operation and maintenance, including replacement, of the treatment works.