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Village of Penn Yan, NY
Yates County
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Table of Contents
Table of Contents
All persons discharging or depositing wastes into the public sewers shall pay a sewer service charge proportional to the liquid volume of waste so deposited, which charge shall be collected as a sewer rent.
All persons discharging or depositing wastes with concentrations in excess of the pollutant concentrations in normal sewage shall pay a surcharge.
The total sewer service charge (which shall be called the "user charge") is comprised of two parts, as follows:
UC(t) = UC(n) + UC(an)
Where:
UC(t)
=
Total user charge for POTW operation and maintenance
UC(n)
=
User charge associated with normal sewage
UC(an)
=
User charge associated with abnormal sewage
UC(n)
=
OM X (OQ/100) X (QIA/QA)
UC(an)
=
OM
{[OB/100 X (BIA-Bn)/BA] +
[OS/100 X (SIA-Sn)/SA] +
[OP/100 X (PIA-Pn)/PA] +
[ONH/100 X (NHIA-NHn)/NHA] +
[OTK/100 X (TKIA-TKn)/TKA]}
Where:
OM
=
Total annual POTW operation and maintenance costs
OQ
=
Percentage of OM attributable to flow (Q)
OB
=
Percentage of OM attributable to BOD5
OS
=
Percentage of OM attributable to suspended solids
OP
=
Percentage of OM attributable to total phosphorus
ONH
=
Percentage of OM attributable to ammonia
OTK
=
Percentage of OM attributable to total Kjeldahl nitrogen
QIA
=
Average daily flow rate (MGD) from discharger
BIA
=
Average daily BOD5 loading (LB/DAY) from discharger
SIA
=
Average daily suspended solids loading (LB/DAY) from discharger
PIA
=
Average daily total phosphorus loading (LB/DAY) from discharger
NHIA
=
Average daily ammonia loading (LB N/DAY) from discharger
TKIA
=
Average daily total Kjeldahl nitrogen loading (LB N/DAY) from discharger
QA
=
Average daily flow rate (MGD) at the POTW treatment plant
BA
=
Average daily BOD5 loading (LB/DAY) at the POTW treatment plant
SA
=
Average daily suspended solids loading (LB/DAY) at the POTW treatment plant
PA
=
Average daily total phosphorus loading (LB/DAY) at the POTW treatment plant
NHA
=
Average daily total ammonia loading (LB N/DAY) at the POTW treatment plant
TKA
=
Average daily total Kjeldahl nitrogen loading (LB N/DAY) at the POTW treatment plant
Bn
=
BOD5 loading (LB/DAY) in discharge if it were normal sewage
Sn
=
Suspended solids loading (LB/DAY) in discharge if it were normal sewage
Pn
=
Total phosphorus loading (LB/DAY) in discharge if it were normal sewage
NHn
=
Ammonia loading (LB N/DAY) in discharge if it were normal sewage
TKn
=
Total Kjeldahl nitrogen loading (LB N/DAY) in discharge if it were normal sewage
NOTES:
1.
If any difference terms in the equation above is negative, then that portion of the equation shall not be used; that is, the difference shall be set to zero when it is negative.
2.
All averages are arithmetic averages determined from available data during the billing period.
The service area of the POTW may be segmented to assist in a fair distribution of user charges, especially if there is a pump station serving a segment.
[Amended 4-18-2017 by L.L. No. 4-2017]
A. 
The volume of flow to be used in computing sewer service charges and abnormal sewage surcharges shall be based upon metered water consumption as shown on the records of meter readings maintained by the Village Water Department. In the event that a person discharging wastes into the publicly owned treatment works (POTW) produces evidence to the Director of Public Works, demonstrating that a substantial portion of the total amount of metered water does not reach the POTW, then the Director of Public Works shall either establish a percentage of the total metered water to be used as a basis for such computations or direct the installation of appropriate flow measuring (and totalizing) devices to measure and record the actual amount of flow into the POTW. The Director of Public Works shall determine which methodology shall be applied. In the event that a person discharging wastes into the POTW procures all or part of his water supply from unmetered sources, the Director of Public Works shall either direct the installation of water meters on the other sources of water supply or direct the installation of appropriate flow measuring devices to measure and record the actual amount of flow into the POTW. Any water meters and/or flow measuring devices installed pursuant to this section shall be of a type and design acceptable to the Director of Public Works and shall be installed, maintained and periodically tested as required by the Director of Public Works, at the owner's expense. All such meters and/or flow measuring devices shall be subject to periodic inspection, maintenance, testing and reading by the Director of Public Works. A commercial or industrial operation discharging wastes into the POTW may install a flow measuring device of a type, design, installation and maintenance plan approved by the Director of Public Works as defined herein, at the owner's expense.
B. 
Any commercial or industrial operation discharging wastewater in the POTW which desires to be charged based upon actual wastewater discharge shall install an automatic full-time flow measurement system. Such automatic full-time flow measurement system must provide continuous flow indication, recording, totalizing and a contact closure pulse signal generating device (e.g., sampler pacing socket) to activate wastewater samplers. Digital totalizers must have emergency backup power and surge protection, and any totalizer reset buttons must be removed, deactivated, or covered.
C. 
Design of flow measurement installations shall be performed by a professional engineer licensed in the State of New York. Design, construction drawings and installation shall be signed and stamped with the authorized seal of the licensed professional engineer to indicate approval of the design and methodology of installation.
D. 
Two sets of detailed construction drawings for any new or modified discharge flow measurement system must be submitted for approval by the Director of Public Works prior to any construction and /or installation. These drawings must show relevant slopes, elevations and locations of piping, types and locations of instrumentation, details of flow measurement elements, estimated flow range (maximum, minimum, and average), and details of upstream and downstream piping, structures, and devices which could influence flow conditions. Manufacturer's calculations, catalog cuts and data sheets must be included with construction drawings for any manufactured equipment to be installed as part of the flow measurement system. Complete rating data and calculations shall be submitted for any engineered flow measurement device.
E. 
Either an open channel (flume, weir) or a closed-pipe (magnetic) flow measurement system is acceptable, depending upon the type of process being used by the customer. Magnetic flow meters are preferred for industries that have difficulty maintaining open channel flow measurement accuracy (e.g., textile finishers and food manufacturers). Mechanical closed-pipe systems (i.e., propeller, turbine) may be accepted in limited cases. Any flow measurement element that is adversely affected by wastewater characteristics will be prohibited. Flow measurement devices should be installed downstream of pretreatment facilities and as close as possible to the point of connection with the public sewer. Aboveground flow measurement installations may require a platform for automatic samplers so that the top of the sampler will be higher than the water level in the primary element. Because it is often difficult to set automatic samplers for pressurized closed-pipe systems, the Director of Public Works may require that a well-mixed side stream be routed through an open channel device (e.g., a sample box). The Director of Public Works may determine and direct that a specific type of system is required
F. 
To function correctly, flumes and weirs must be properly installed in accordance with dimensional specifications. Additionally, flumes must be set level with smooth joints where the influent pipe meets the manhole or vault channel. To ensure accuracy of an open channel flow measurement system, the upstream channel must be designed to prevent excessive velocity and turbulence, while the downstream channel must be designed to prevent excessive submergence and backflow. Any additional monitoring equipment (e.g., pH probe) must not adversely affect hydraulics of the open channel element. All open channel installations below grade must be located directly beneath the vault or manhole access cover to facilitate inspections and field checks. All open channel installations at or above grade must have a staff gauge for accuracy checks.
G. 
Closed-pipe meters must be appropriate for the type of wastewater and range of flow rates. Closed pipe systems must be designed and constructed so as to assure that the flow is full at all times.
H. 
The Village will allow completely digital (i.e., paperless) flow meter recorders as long as the discharger satisfies conditions of data availability, accessibility and integrity. Specifically, a company representative who is fully familiar with the operation of the digital recorder must be available at all times during operating hours to assist Village staff in accessing, retrieving and reviewing current and historical flow data at the site. Furthermore, simple instructions for recalling the flow data must be posted at or near the recorder. The instructions must be protected from the weather (e.g., by lamination).
I. 
The existing digital flow meter recorder system must generate a secure electronic file that cannot be modified. The discharger shall set the data sampling frequency to one per minute. Sufficient memory shall exist for a minimum of 60 days for the specified data sampling frequency. All flow data generated and stored from any approved flow measurement device must be retained and be accessible for at least four years.
J. 
The Director of Public Works shall be notified in writing when installation of a flow measurement system is completed. New systems must be calibrated after installation. A calibration report must also be prepared and submitted with the written notification. The calibration must be a full-flow hydraulic calibration conducted in accordance with the requirements set forth and the manufacturer's specifications.
K. 
The manufacturer's or laboratory certified calibration curves and/or a certificate of calibration must be submitted for any manufactured flow-metering device used to calibrate the system. Accuracy of the flow measurement system must be within 5% of actual flow at each flow rate tested throughout the entire operating range (maximum, minimum, and average flow rates). Where unusual flow rates exist, or where a proposed flow measurement system departs from recognized published standards, engineering calculations shall be submitted to support proposed calibration data. Where required, certified calibration curves or data must be submitted which show measured head or signal output for a minimum of five flow rates over the design flow range.
L. 
All wastewater flow-measurement systems shall have such routine maintenance and periodic calibration checks in accordance with design specifications and/or manufacturer's recommendations. (See Subsection N.) All flow data generated and stored from any approved flow-measurement device must be retained and be accessible for at least four years. Flow charts must be automatically or manually time and date stamped on a regular basis, preferably daily but no less than weekly. The recorder's chart speed must be no lower than 0.5 inch per hour for strip charts and seven days per cycle for circular charts. The flow meter's totalizer must be nonresettable and shall advance frequently enough to allow accuracy checks in the field (e.g., using a stopwatch). The totalizer shall have sufficient digits so that a full cycle is not completed in less than one year.
M. 
Sewer customers that have installed wastewater flow measurement systems must keep accurate records of any cleaning or maintenance and must regularly check accuracy and record totalizer readings. Those records must be retained and be accessible for four years, and copies should be regularly submitted to the Director of Public Works. The zero level of the indicator and recorder should be checked each time the recorder chart is changed to ensure that flows are measured and recorded correctly. Totalizer readings must be taken and recorded at least twice per month.
N. 
At a minimum, all flow measurement systems used to obtain information for examination by the Village must be calibrated annually. A detailed summary of the calibration must be submitted as part of a calibration report. The calibration procedure and method shall be approved by a New York State registered professional engineer. The approval and results of the calibration shall be reported and certified by a licensed professional engineer. All calibration reports must be submitted to the Director of Public Works.
O. 
All recorded data, maintenance and calibration records and reports shall be made available to Village staff for inspection and review upon request.
The billing period shall be monthly for industrial and nonindustrial users.
The additional charges and fees associated with the operation of the pretreatment program shall be assessed the user, and include:
A. 
Reimbursement of costs of setting up and operating the pretreatment program;
B. 
Issuing permits;
C. 
Monitoring, inspections, and surveillance procedures;
D. 
Costs of equipment and supplies;
E. 
Reviewing accidental discharge procedures;
F. 
Construction inspections;
G. 
Filing appeals;
H. 
Application for consistent removal status as outlined in 40 CFR 403;
I. 
Other reasonable expenses to carry out the program to satisfy the requirements of this chapter, the NYSDEC, and the federal government.
The charge for treatment and disposal of trucked or hauled waste which has been introduced into the POTW shall be as established by the Village Board. The manner of determining the volume dumped shall be at the discretion of the Director of Public Works.
The Village may institute an equitable procedure for recovering the costs of any capital improvements of those parts of the POTW which collect, pump, treat, and dispose of industrial wastewaters from those persons discharging such wastewaters into the POTW.
Provisions of Article XI of this chapter relating to the collection of penalties shall apply to the collection of sewer service charges and abnormal sewage service surcharges, unless where otherwise provided by application of the Sewer Rent Law[1] by the Village.
[1]
Editor's Note: See Ch. 154, Sewer Rents.
The POTW shall be operated on the basis of a fiscal year commencing on the first day of June and ending on the 31st day of May.
The Village Board shall have the authority to impose impact fees on new development, which development may:
A. 
Cause enlargement of the service area of the POTW;
B. 
Cause increased hydraulic and/or treatment demands on the POTW.