[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:
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).
The entire system of sewers, treatment facilities and their
appurtenances for collecting and treating sewage, industrial wastes
and other 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.
The activities required to assure the dependable and economical
function of the Village disposal system. The term "operation and maintenance"
includes "replacement."
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.
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.
Any person who is discharging or is required to discharge
wastewater into the Village disposal system.
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 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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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]
A.Â
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]
B.Â
Where two or more tenants are in one building, the foregoing rates
shall apply to each and every tenant.
C.Â
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.
A.Â
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]
B.Â
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:
|
5-Day BOD Concentrations
(mg/l)
|
Base Charge
(%)
| |
|---|---|---|
|
300 or less
|
0
| |
|
301 to 400
|
25
| |
|
401 to 500
|
50
| |
|
501 to 600
|
75
| |
|
Over 600
|
As assigned for a special case
|
|
Suspended Solids Concentrations
(mg/l)
|
Base Charge
(%)
| |
|---|---|---|
|
350 or less
|
0
| |
|
351 to 450
|
25
| |
|
451 to 550
|
50
| |
|
551 to 650
|
75
| |
|
Over 650
|
As assigned for a special case
|
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:
A.Â
Generate sufficient revenue to pay the total operation and maintenance
costs necessary to effect the proper operation and maintenance of
the treatment facilities.
B.Â
Maintain the proportionate distribution of operation and maintenance
costs among users and user classes as attributable to actual use.
C.Â
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.
A.Â
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.
B.Â
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]
A.Â
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.
B.Â
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.
