[Adopted 4-12-1982 by L.L. No. 4-1982]
It is the intention of the Village of Suffern to provide, by
the adoption of this article, for the establishment and imposition
of sewer rents for the Village of Suffern as authorized by Article
14-F of the General Municipal Law, to ensure a proportional distribution
of operation and maintenance costs to each user and to utilize the
sewer rents as the principal source of revenue for the operation and
maintenance of the sewer system and treatment plant and for payment
of principal and interest for all obligations in connection with capital
expenditures for the sewer system and treatment plant.
Revenues derived from collection of sewer rents, including penalties
and interest shall be credited to a separate fund to be denominated
as the "Sewer Rent Fund," and moneys contained in such fund shall
be used and expended in accordance with the provisions of § 453
of the General Municipal Law of the State of New York and in accordance
with the following priorities set forth in § 453 of the
General Municipal Law:
A.
For the payment of the costs of operation, maintenance and repairs
of the sewer system and treatment plant.
B.
For the payment of the interest on and amortization of or payment
of indebtedness which has been or shall be incurred for the construction
of the sewer system and treatment plant.
C.
For the construction of sewage treatment and disposal works with
necessary appurtenances, including pumping stations, or for the extension,
enlargement or replacement of or additions to such sewer systems or
part or parts thereof.
A.
The Board of Trustees shall impose a scale of charges for the use
of the sewer system and treatment plant on or prior to May 1 and November
1 of each year. The amount of the sewer rents shall be based on the
consumption of water and shall apply to all users of the Village of
Suffern sewer system and treatment plant.
[Amended 10-28-1997 by L.L. No. 8-1997]
B.
The Board of Trustees may semiannually determine by amendment to
this article to change the amount of the sewer rent applicable to
the Village of Suffern. Said change, if any, shall be determined prior
to May 1 and November 1 and shall be billed to users of the sewer
system and treatment plant at the same time, or as close to the same
time as is practical, as the Village water bills are rendered.
[Amended 6-13-1983 by L.L. No. 4-1983; 7-18-1994 by L.L. No.
8-1994; 12-20-1995 by L.L. No. 8-1995; 10-28-1997 by L.L. No.
8-1997]
C.
The sewer rent shall be based upon the amount of water consumed by
a user, as determined in the last water consumption meter reading
made in or about April of each year.
[Amended 4-9-1984 by L.L. No. 3-1984; 7-18-1994 by L.L. No.
8-1994; 12-20-1995 by L.L. No. 8-1995; 10-28-1997 by L.L. No.
8-1997]
D.
The Board of Trustees shall determine the annual sewer rent by application
of the following formula: the total anticipated cost for operation
and maintenance of the sewer system and treatment plant and the payment
for principal and interest for payment of indebtedness incurred for
the construction of the sewer system and treatment plant less miscellaneous
revenues divided by the total water consumed in the Village as shown
by the water consumption readings which form the basis of the previous
May water bills. The quotient so determined shall be the annual sewer
rent rate for the year, and the annual sewer rent due from each user
shall be determined by multiplying the quotient by the water consumed
by each user during the six-month period, as shown on the previous
May water bills. The semiannual sewer rent due from each user shall
be determined by dividing the annual sewer rent due from each user
by two.
[Amended 7-18-1994 by L.L. No. 8-1994; 12-20-1995 by L.L. No.
8-1995]
E.
A minimum yearly sewer rent shall be established by the Board of
Trustees and may be revised, from time to time, by amendment of this
article. Said minimum rate shall be utilized only in cases of new
construction for which a full six-month history of water consumption
as shown on an August water bill is not available.
F.
Whenever a user conveys property which is subject to a sewer use
charge and the vendor so notifies the Village, the Village shall prorate
the charge to the owner of the premises based upon the previous August
water reading and the portion of the billing period for which the
user owned the premises.
G.
If no water reading can be made because the user or owner refuses
to admit representatives of the Village to read the water meter, or
if no reading can be made or if the reading is erroneous because the
water meter was broken or malfunctioned, the bill of the uses shall
be estimated, such estimate being based upon the history of usage
at said premises.
A.
In order to ensure a proportional distribution of the operation and maintenance cost to each user, any user who shall discharge or cause to be discharged any wastewater which contains a five-day biochemical oxygen demand, as defined in § 220-4 of the Code of the Village of Suffern, greater than 400 parts per million by weight shall be surcharged in accordance with Subsection B herein.
A.
An appeal board to be known as the "Sewer Rent Appeal Board" and
to be composed of three members, to be appointed by the Mayor and
confirmed by the Board of Trustees, is hereby created. The terms of
the first three members shall be staggered such that the term of a
member will expire at the end of each official year for three years,
the first such term expiring on April 4, 1983. Upon the expiration
of the term of each of the three persons first appointed, the term
of appointment shall be for three years.
B.
Any individual or legal entity may appeal to the Sewer Rent Appeal
Board if he or it believes that a substantial portion of the water
delivered to its premises, upon which the current bill has been rendered,
has been utilized or diverted on a regular or continuing basis such
that it has not flowed into the sewer system or if he or it can demonstrate
a significant change in water usage since the water meter reading
upon which the sewer rent is based. The burden of proof shall be upon
the appellant to demonstrate that a substantial portion of the water
delivered was utilized or diverted on a regular or continuing basis
such that it has not flowed into the sewer system or that there has
been a significant change in water usage since the water meter reading
upon which the sewer rent is based. Based upon the evidence presented
to the Sewer Rent Appeal Board, it may determine that only a percentage
of the volume of water delivered shall be used in determining the
user's sewer rent. All such appeals must be filed in the office of
the Village Clerk by August 15. A decision of the Sewer Rent Appeal
Board becomes final when filed in the office of the Village Clerk.
The decision of the Appeal Board shall be sent to the appellant.
A.
Bills shall be rendered semiannually on or about May 15 and November
15 of each year and are due and payable within 30 days from such billing
date.
[Amended 7-18-1994 by L.L. No. 8-1994; 12-20-1995 by L.L. No.
8-1995]
B.
All sewer rent bills not paid within 30 days from the billing date
shall be assessed a late charge of 10% of the gross amount of the
bill and an additional penalty of 2% of the sewer rent due and late
charges if not paid within 90 days of the date due.
[Amended 4-11-2005 by L.L. No. 3-2005]
C.
The sewer rents shall constitute a lien upon the real property served,
and the 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 of New York or a political subdivision
thereof, and may be enforced as provided in § 452, Subdivision
4, of the General Municipal Law.
[Last amended 4-24-2023 by L.L. No. 6-2023]
A.
The sewer rent shall be established and may be changed by local law
following a public hearing thereon. The sewer rate shall be $14.23
per 100 cubic feet of water consumed for properties located in the
Village of Suffern.
B.
The minimum sewer rent shall be $25 per billing period.
C.
The Board of Trustees may allow properties located outside the corporate
limits of the Village of Suffern to access and utilize the Village
sewage system if it is determined that all aspects of the system possess
sufficient excess capacity. If it is subsequently determined that
any aspect of the system is insufficient, the Village may terminate
such outside the Village access upon such notice as the Board of Trustees
deems to be reasonable. Such outside users shall be charged at the
rate of $17.79 per 100 cubic feet of water used as reflected on the
bill provided by their water supplier. Such user shall provide copies
of such water bills to the Village Clerk within five days of receipt
of the same in order for the Village to calculate the applicable sewer
rent. If the outside user fails to do so, the Village will render
an estimated sewer rent. If such outside user fails to provide such
water bill upon demand, the Village may terminate service upon 30
days' written notice. In any event, the minimum bill chargeable
to an outside user shall be $25 per billing period.
Any user who discharges a toxic pollutant which causes an increase
in the cost of managing the effluent or the sludge at the wastewater
treatment plant shall pay for such increased costs.
The sewer rental charge established herein shall take precedence
over any terms or conditions between the Village and users which are
inconsistent with the requirements of the article.
This article shall be construed in a manner consistent with
the provisions of Article 14-F of the General Municipal Law.
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Appendix A
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Formula for Surcharge for BOD5 in
Excess of Average Concentration Assumed as 400 Milligrams Per Liter
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Total annual budget =
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X
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Portion for debt service =
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0.35X
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Portion for operation and maintenance of collection system =
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0.05X
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Portion for treatment =
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0.60X
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Assume BOD5 affects only salaries and
energy
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Salaries at 66% of treatment cost =
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0.66
(0.6X)
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Energy at 10% of treatment cost
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0.10
(0.6X)
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Estimated effect of BOD5 on salaries
=
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50%
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Estimated effect of BOD5 on energy =
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50%
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Therefore, salary surcharge = 0.50 x 0.66 (0.6X) =
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0.198X
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And energy surcharge = 0.50 x 0.10 (0.6X) =
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0.030X
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Therefore, surcharge = 0.2 x sewer rent x
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BOD5 – 400
400
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0.228X
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[Added 10-4-2010 by L.L. No. 8-2010; amended 1-3-2011 by L.L. No.
1-2011]
The Village of Suffern shall provide public notification in
the daily newspaper with the largest circulation in the area of users
which were in significant noncompliance of local or USEPA pretreatment
standards or requirements since the last such notice. The frequency
of such notices shall be at least once per year.
