[HISTORY: Adopted by the Town Board of the
Town of Warwick 11-13-1986. Amendments noted where applicable.]
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.
BOD (denoting "biochemical oxygen demand")
COMMERCIAL USER
GOVERNMENTAL USERS
INDUSTRIAL USER
INSTITUTIONAL USER
NORMAL DOMESTIC WASTEWATER
OPERATION AND MAINTENANCE
REPLACEMENT
RESIDENTIAL CONTRIBUTOR
SEWER SERVICE CHARGE
SS (denoting "suspended solids")
TREATMENT WORKS
USEFUL LIFE
USER CHARGE
WATER METER
Unless the context specifically indicates otherwise,
the meaning of the terms used in this chapter shall be as follows:
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).
All retail stores, restaurants, office buildings, laundries
and other private business and service establishments.
Includes legislative, judicial, administrative and regulatory
activities of federal, state and local governments.
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.
Includes social, charitable, religious and educational activities
such as schools, churches, hospitals, nursing homes and similar institutional
users.
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]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.
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."
Any contributor to the Town's treatment works whose lot,
parcel of real estate or building is used for domestic dwelling purposes
only.
The combination of all service charges for sewer services.
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.
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.
The estimated period during which a treatment works will
be operated.
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.
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.
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:
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Charge:
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Clu = (Ct/Vt)(Vlu)
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Where:
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Clu = Class I user's charge for operation and
maintenance per unit of time
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Ct = Total operation and maintenance costs per
unit of time
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Vt = Total volume contribution from all users
per unit of time
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Vlu = Volume contribution from user per unit
of time as metered
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(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:
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Charge:
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C2u = (Ct/Vt)(V2u)
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Where:
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C2u = Class II user's charge for operation and
maintenance per unit of time
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|
Ct = Total operation and maintenance costs per
unit of time
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|
Vt = Total volume contribution from all users
per unit of time
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V2u = Volume contribution from user per unit
of time as metered
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(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:
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Base charge:
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C3u = (Ct/Vt)(V3u)
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|
Where:
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C3u = Class III user's charge for operation
and maintenance per unit of time
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|
Ct = Total operation and maintenance costs per
unit of time
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Vt = Total volume contribution from all users
per unit of time
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V3u = Volume contribution from Class II user
per unit of time
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Surcharge:
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C2 = [Bc(B) Sc(S)] Vu
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Where:
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Cs = Surcharge for wastewaters of excessive
strength
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Bc = Operation and maintenance cost for treatment
of a unit of biochemical oxygen demand (BOD)
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B = Concentration of BOD from a user above a
base level
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Sc = Operation and maintenance cost for treatment
of a unit of suspended solids
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S = Concentration of SS from a user above a
base level
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Vu = Volume contribution from a user per unit
of time
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(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.
[1]
Editor's Note: Former § 127-5, Billing of charges;
penalty for late payment; tax lien; final reading, was repealed 2-24-2022
by L.L. No. 2-2022.
[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.
Unpaid sewer charges in arrears for 30 days after the billing due
date shall be subject to a penalty of 4.5% of the amount due for 30
days or portion thereof of delinquency. When any bill is more than
90 days in default at year end closing, 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.
[Amended 2-24-2022 by L.L. No. 2-2022]
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.
