[Adopted 6-7-1978 by L.L. No. 3-1978]
This Article shall be cited and may be referred to as the "Sewer Rents Law of the Town of Waterford."
It is the intention of the Town Board of the Town of Waterford, by the adoption of this Article, to provide for the establishment and imposition of sewer rents for and on behalf of Sewer District No. 1 of the Town of Waterford, as authorized and contemplated by Article 14-F of the General Municipal Law of the State of New York and all other applicable statutes, and it is the intention of the Town Board to use sewer rents as the principal source of revenues for operations and maintenance of the public sewerage works and system of Sewer District No. 1 and to make such sewer rents applicable to owners of any real property located within Sewer District No. 1 and served or required to be served by the sewerage works and system.
This Article shall apply those areas of the Town of Waterford which are encompassed in Sewer District No. 1 of the town, a district formation of which was approved by the Comptroller of the State of New York by his order dated September 24, 1976. Said Sewer District No. 1 constitutes that sewerage system and works for which provision is hereby made for establishment and imposition of sewer rents.
Revenues derived from sewer rents, including penalties and interest, shall be credited to a special fund, to be known as the "Sewer Rent Fund," and moneys in such fund shall be used and expended in accord with the provisions and priorities specified by § 453 of the General Municipal Law of the State of New York and any successor statute.
The "sewer rents" shall mean a scale of charges imposed by the Town Board, which imposition is hereby authorized, for the use of the sewerage works and system of Sewer District No. 1.
The amount of the sewer rents shall be based on consumption of water and will be levied and collected quarterly on such dates as the Town Board may, in the case of each sewer user, prescribe from time to time.
The sewer rents will apportion the total costs of sewerage works and system operation and maintenance among system users in proportion of user water consumption to total water consumption by all users, so far as practical and reasonably possible.
In the case of users whose premises are recipient of municipal water on a metered basis, such meter readings shall be determinative of water consumption for the user.
From time to time the Town Board shall establish a minimum quarterly sewer rent by resolution, and such shall be applicable to all users of the system in each quarter, each user in each quarter to pay not less than the minimum quarterly sewer rent so established.
In the case of any nonresidential user of municipal water on a metered basis who demonstrates to the satisfaction of the Town Board, in its sole discretion, that a substantial portion of the water delivered to its premises is so utilized or diverted, on a regular and continuing basis, that it does not flow into the sewerage system, the Town Board may, in its sole discretion, provide that only a percentage of the volume of municipal water consumed by or delivered to the user's premises shall be employed in determining the user's sewer rents under §§ 126-15 to 126-17.
The Town Board shall, from time to time, make arrangements for the orderly collection of sewer rents.
Payment within 20 days of a due date of any quarterly billing shall entitle the user to a discount of 10% of the billed amount of sewer rents, the billed amount to be a so-called "gross amount" and the discounted amount [i.e., gross amount less 10%] to be a so-called "net amount."
In all ways and at all times, this Article shall be construed in a manner consistent with all provisions of Article 14-F of the General Municipal Law of the State of New York.