[HISTORY: Adopted by the Board of Trustees of the Village of Walden 7-9-1985 by L.L No. 8-1985 (Ch. 125 of the 1982 Code). Amendments noted where applicable.]
It is the intent of the Board of Trustees of the Village of Walden to establish and impose sewer charges to pay for all the operation and maintenance costs of the Village disposal system, including any additions to or modifications of the disposal system.
Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:
- BOD (BIOCHEMICAL OXYGEN DEMAND)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C. (68° F.) expressed in parts per million (ppm) or milligrams per liter (mg/l).
- DISPOSAL SYSTEM
- The entire system of sewers, treatment facilities and their appurtenances for collecting and treating sewage, industrial wastes and other wastes.
- INDUSTRIAL WASTES
- Any liquid, gaseous, solid or other waste substance, or a combination thereof, resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources.
- OPERATION AND MAINTENANCE
- The activities required to assure the dependable and economical function of the Village disposal system. The term "operation and maintenance" includes "replacement."
- OTHER WASTES
- Garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, tar, dyestuff, acids, chemicals and all other discarded matter not sewage or industrial waste.
- The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the disposal system to maintain the capacity and performance for which such system was designed and constructed.
- The water-carried human or animal waste from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present.
- SEWER USE CHARGES or SEWER RENTS
- The rent, rate or charge comprising the scale of annual charges imposed or levied by the Village for the use of the Village disposal system.
- SEWER USER
- Any person who is discharging or is required to discharge wastewater into the Village disposal system.
- 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 PLANT or SEWAGE TREATMENT PLANT
- Any arrangement of devices, structures and facilities used to treat sewage, industrial wastes and/or other wastes.
- The Village of Walden, Orange County, New York.
- Any combination of sewage, industrial wastes and/or other wastes.
The Village does hereby establish and impose a scale of sewer charges for the use services rendered by the Village disposal system.
The basis of charges for sewer rents shall be as follows:
If a water rent is levied or charged against a sewer user, the sewer use charge shall be based on the consumption of water by the sewer user.
If a water rent is levied or charged against a sewer user, and that user discharges substantially more or less sewerage than the amount of water supplied by the Village, then the Board of Trustees shall fix and determine the sewer use charge applicable upon an equitable basis.
If a sewer user is connected to the Village disposal system, but not connected to the Village water system, then the sewer user shall install a water meter to monitor the sewer user's water consumption.
At the option of the user, the user may at his own expense and subject to the approval of the Board of Trustees install, operate and maintain sewage meters, gauges or other suitable devices for measuring the amount of wastewater contributed to the disposal system. In such cases, the quantity of wastewater shall be determined by such metering device, and the sewer use rent applicable shall be the same as found in Subsection A of this section.
[Amended 5-9-1989 by L.L. No. 2-1989]
Charges for sewer services during each quarterly period shall be in accordance with the fee schedule adopted by resolution of the Board of Trustees, only after a public hearing upon five days' public notice.
[Amended 3-8-2011 by L.L. No. 4-2011]
Where two or more tenants are in one building, the foregoing rates shall apply to each and every tenant.
Where two or more properties are supplied through one service pipe, the minimum rate shall be the sum of the rates applying to each of said properties; and, if there is more than one tenant in a property, the minimum rate shall also apply to the tenants thereof, as provided for cases where there are two or more tenants in one building.
It shall be the duty of the sewage treatment plant operator to make a survey annually or when directed by the Board of Trustees to determine whether there is being discharged into the disposal system from any source wastewater which, in the opinion of the sewage treatment plant operator, contains unduly high concentrations of solids or any other substance adding to the operating costs of the disposal system. Upon the completion of such survey, a report shall be filed with the Board of Trustees indicating whether additional sewer rent charges should be levied for such wastewater and, if so, shall set forth recommended charges. The Board of Trustees is authorized to fix and determine such additional sewer use charge by resolution, adopted only after a public hearing upon five days' public notice, in addition to the sewer use charges provided for by this chapter.
[Amended 3-8-2011 by L.L. No. 4-2011]
For purposes of this section, the following BOD levels and suspended solids concentrations shall be deemed unduly high, and a surcharge shall be assessed in the amount shown:
The Board of Trustees shall review the sewer rent charges not less often than once every two years. The review shall consist of an analysis of the total cost of operation and maintenance of the disposal system and the wastewater contribution of the users and user classes. Based on that review, the Board of Trustees shall revise, if necessary, the sewer rent charges to accomplish the following:
Generate sufficient revenue to pay the total operation and maintenance costs necessary to effect the proper operation and maintenance of the treatment facilities.
Maintain the proportionate distribution of operation and maintenance costs among users and user classes as attributable to actual use.
Determine the application of any excess revenue collected to either the reductions of the next year's charges or the establishment of a capital reserve fund to be used for contingencies, replacement or necessary improvement.
The cost of all flows not directly attributed to users shall be distributed among all users of the disposal system in the same manner that the costs of operation and maintenance are distributed among all users of the disposal system for their actual use. Any increased costs associated with the management of effluents and/or sludge and any damage to the disposal system caused by the discharge of toxic pollutants shall be paid for by those users discharging the toxic pollutants.
Each user shall be notified annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services.
All sewer use charges shall be due and payable quarterly. The Village Clerk, upon the approval of the Board of Trustees, shall establish the procedures and dates for issuance of all sewer use charge bills.
[Amended 2-21-2017 by L.L. No. 3-2017]
If the amount owed is not paid by the due date set forth on the bill, a late charge of 10% shall be added to the amount unpaid. Said late charge shall constitute additional sewer rent.
All delinquent sewer bills remaining unpaid as of March 31 of each year will be added to the tax roll for inclusion on the next Village tax bill.
[Amended 2-21-2017 by L.L. No. 3-2017]
The Village Clerk shall annually certify to the Village Board the amounts of all unpaid sewer use charges, including penalties. The Clerk shall present such certification at a meeting of the Board of Trustees and enter the certificate of the amounts so unpaid in the minutes of said meeting. The Board of Trustees shall levy such amounts against the real property liable therefor as a part of the annual Village tax levy. The sewer use charge lien shall be prior and superior to every other lien or claim, except the lien of an existing tax, assessment or other lawful charge imposed by or for the state, a political subdivision or district.
This chapter shall take precedence over any terms or conditions of agreements or contracts between the Village and all sewer users which are inconsistent with relevant federal laws, rules or regulations.
In addition to the provisions of this chapter, all sewer users are subject to the provisions of Chapter 234, entitled "Sewers" of the Code of the Village of Walden.