Exciting enhancements are coming soon to eCode360! Learn more 🡪
Village of Hancock, NY
Delaware County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Subject to all applicable state and federal laws and/or regulations, the Board of Trustees shall establish such charges as are required to raise the necessary revenue to defray the costs of debt service and capital expenditures and operation and maintenance of the wastewater treatment and collection facilities.
A. 
The first year's operation and maintenance (O & M) charges will be based on past experience or some other method than can be demonstrated to be appropriate to the level and type of services as per 40 CFR 35.929-2(a).
B. 
The Village will review not less often than every two years the wastewater contributions, the total costs of operation and maintenance and the user charge system (UCS) itself. Revisions must be made as necessary to conform to 40 CFR 35.929-2(b)(1) through (3).
C. 
Dischargers of toxic wastes which cause an increase in the cost of managing the effluent or sludge shall pay such increased costs as per 40 CFR 35.929-2(c).
D. 
The cost of treating all extraneous flow will be distributed among all users in accordance with 40 CFR 35.929-2(d)(1) through (2).
E. 
Each user is to be notified annually of the rate and portion of the charges attributable to wastewater treatment.
The owner of any real property within the Village of Hancock served or required to be served by the sewerage works maintained and operated by said Village shall pay to the Village of Hancock a sewer rent for use of such sewerage works as hereinafter provided.
[Amended 2-18-1985 by L.L. No. 1-1985; 2-10-1992 by L.L. No. 2-1992]
The definition of user unit shall relate to the benefits received in terms of capital recovery costs and operating cost causative factors, such as sewage flow, biochemical oxygen demand (BOD5), suspended solids (SS) or other waste constituents commonly found in municipal sewage emanating from the various classifications of real property within the Village limits, i.e., the service area.
A. 
Metered users in Village service area.
[Amended 3-3-1992 by L.L. No. 3-1992; 5-10-1993 by L.L. No. 1-1993; 5-13-1996 by L.L. No. 2-1996; 4-15-2002 by L.L. No. 1-2002; 4-15-2002 by L.L. No. 2-2002; 4-15-2002 by L.L. No. 3-2002; 5-9-2005 by L.L. No. 1-2005; 2-14-2011 by L.L. No. 1-2011; 8-14-2017 by L.L. No. 3-2017]
(1) 
The basis of the charge for sewer rents to be paid by metered users shall be determined by the consumption of water shown by the water meter on the following basis:
(a) 
One unit for the first 18,000 gallons of water or any part thereof used per quarter for each property.
(b) 
One unit for the next 22,500 gallons of water used per quarter, or, if less than 22,500, at a rate per gallon to be set by the Village Board of Trustees.
(c) 
Any amount over 40,500 gallons of water shall be billed at a rate per gallon to be set by the Village Board of Trustees.
(2) 
The unit charge and the per-gallon charge shall be set from time to time by the Village Board of Trustees by resolution after a public hearing on not less than five days' notice, to be applicable for the following quarter.
B. 
Nonmetered users in the Village service area or under nonmetered users.
(1) 
The basis for the charge for sewer rents to be paid by nonmetered users shall be determined by the following schedule of units of use:
Classification of Property
Units of Use
Single-family residence
1
Mobile home
1
Multiple residence
1 for each dwelling unit
Trailer
1 for each trailer
Combination 1-family residence with a profession or business (owner-occupied)
1 1/2
Rooming houses, each 4 rooms or part
1
Beauty shops
1
Religious, fraternal or veterans
1 for each major building
General commercial establishments with 5 occupants or fewer ("occupants" are defined as owners, managers or employees)
1
Professional offices with 5 occupants or fewer
1
General commercial establishments with at least 6 occupants but not more than 10
2
Industrial plants/each building
Domestic waste service
1 for each 15 occupants
Industrial waste service
Monitored/calculated per Subsection C below
(2) 
There is hereby established and imposed a quarterly sewer rent on all users who are nonmetered, to be determined by multiplying the unit charge times the number of units assigned to each user based upon the schedule of units of use in this section. There shall be a minimum charge of one unit for each classification of property.
C. 
Sewer use charge for industrial waste treatment.
(1) 
Industrial wastes found acceptable for treatment by the Village treatment plant shall be monitored to determine total monthly flow, monthly BOD5 level by composite sample and monthly SS level by composite sample. The monthly sewer charges for volume treated shall be based on an annually calculated cost per 1,000 gallons. The calculated cost will be the total operating cost of the system for the last fiscal year divided by the total number of 1,000 gallons treated during the last fiscal year. The current monthly recorded total flow to be billed will be multiplied by this rate calculated above.
(2) 
If the BOD5 and SS monthly (or quarterly) composite sample results are greater than 200 milligrams per liter and 200 milligrams per liter respectively, then an additional surcharge will be levied on the industry based on the last fiscal year's costs for expenses as follows:
(a) 
BOD5 surcharge.
Add:
90% of last year's total electrical cost
$X.XX
50% of last year's material and supply cost
$X.XX
50% of last year's repair cost
+
$X.XX
Subtotal
$X.XX
Divided by the total number of 1,000 gallons treated during the last fiscal year.
Equals $X.XX surcharge rate per 1,000 gallons treated during the current billing period.
(b) 
SS surcharge.
Add:
10% of last year's total electrical cost
$X.XX
50% of last year's material and supply cost
$X.XX
50% of last year's repair cost
$X.XX
100% of last year's sludge disposal
+
$X.XX
Subtotal
$X.XX
Divided by the total number of 1,000 gallons treated during the last fiscal year.
Equals $X.XX rate per 1,000 gallons treated.
(3) 
If the BOD5 and/or SS limits noted above are exceeded, then multiply the volume treated during the billing period by the rates calculated above and add the results to the volume charge.
[Amended 2-18-1985 by L.L. No. 1-1985; 2-14-1987 by L.L. No. 2-1987; 2-10-1992 by L.L. No. 2-1992]
A. 
Metered properties. The Village does hereby establish and impose the above-described schedule of sewer rents for the services rendered by the sewerage works to the real property classifications served and required to be served by the sewerage works upon the basis of water consumption for each three months of use of the sewerage works or any part thereof. The sewer rent will be levied and collected commencing on June 1, 2011; September 1, 2011; December 1, 2011; and March 2012 and on the first day of each June, September, December, and March thereafter. The sewer rent is for the purpose of paying the cost of debt service and operation and maintenance of the sewerage works.
[Amended 2-14-2011 by L.L. No. 1-2011]
B. 
The unit charge for nonmetered users shall be set from time to time by the Village Board of Trustees by resolution after a public hearing on not less than five days' notice, to be applicable for the following quarter.
[Amended 5-10-1993 by L.L. No. 1-1993; 5-13-1996 by L.L. No. 2-1996; 4-15-2002 by L.L. No. 4-2002; 5-9-2005 by L.L. No. 1-2005; 2-14-2011 by L.L. No. 1-2011; 8-14-2017 by L.L. No. 3-2017]
C. 
The same shall apply for outside service area users unless service charges are governed by contract.
[Amended 2-18-1985 by L.L. No. 1-1985; 2-14-1987 by L.L. No. 2-1987; 2-10-1992 by L.L. No. 2-1992]
All sewer rents imposed hereunder shall be due and payable on the first day of March, the first day of June, the first day of September and the first day of December of each year for the three-month period preceding each such date. If not paid by the 30th day of the month, there shall be added to the sewer rent due a penalty of 10%. If any sewer rent remains unpaid on the first day of May, the Village Clerk shall certify the amount due and payable to the Board of Trustees, who shall levy the same as taxes and add such sewer rentals and penalties for the succeeding tax roll. Such taxes shall be collected and enforced in the same manner and at the same time as provided for in the collection and enforcement of Village taxes, and it shall be the duty of the Village Clerk to charge and collect interest thereon at the same rates specified for the collection of Village taxes. Such sewer rents shall constitute a lien upon the real property served by such sewerage works, and such liens shall be prior and superior to every other lien or claim, except the lien of an existing tax, assessment or other lawful charge.
The Village Clerk shall render a statement of the amount due to the owner of real property subject to sewer rents during the month when such an assessment first becomes due. Failure of the Village Clerk to render a statement shall not affect the duty of the owner of real property subject to sewer rents hereunder to pay such rents.
Revenues derived from sewer rents, including interest, shall be credited to a special fund to be known as the "Sewer Rent Fund." Moneys in such fund shall be used for the payment of cost of debt service and/or the operation and maintenance of the sewerage works.
All sewerage service may be discontinued without further notice if the sewer rents for such services are not paid within 60 days after the rendition of the final bill thereof.
All owners of real property located within the incorporated limits of the Village to be served or required to be served by the sewerage works, including tax-exempt properties, must pay sewer rent.
All properties served or required to be served by the sewerage works will be charged from the date when official notice to connect to the sewerage works is sent to the property owners, and the property owners are required to pay the sewer rent regardless of whether or not the property is actually connected to the sewerage works and regardless of whether or not the property is occupied.
If any owner of real property on which a sewer rent has been imposed deems himself aggrieved because such real property is not served by the sewerage works or an error has been made computing such sewer rent, such person may file a written application for a refund of all or part of such sewer rent. Such application shall be verified by such person and shall set forth the amount of the refund sought and the grounds thereof. Such application shall be presented to the Village Clerk, and the Village Clerk shall forward such application to the Board of Trustees with a recommendation in relation thereto. The Board of Trustees may refund all or part of such sewer rent.
[Amended 2-10-1992 by L.L. No. 2-1992]
The sewer rent established and imposed by this chapter, multiplied by a factor of 1.5, will also apply to properties located outside of the incorporated limits of the Village of Hancock if the Board of Trustees desires to extend service to property owners outside of the Village limits. All extension facilities required to provide the service shall be paid for by the property owners to be served, including all administrative and engineering costs. All extensions and facilities will be properly engineered to municipal standards and all construction observed by the Village Superintendent or authorized representative.
The Board of Trustees shall have the authority to adopt, by resolution, rules and regulations concerning the interpretation and administration of the sewer rent, and owners of real property served or required to be served by the sewerage works shall be subject thereto.