Pursuant to the authority granted by Article 14 of the Village
Law and pursuant to Article 14-F of the General Municipal Law, the
Village of Waterloo hereby establishes a scale of sewer rents on real
property within the Village of Waterloo subject thereto as herein
set forth.
All real property within the Village of Waterloo now charged
with water rents on the rolls of the Village, whether by meter measurements
or otherwise, shall be subject to a sewer rent charge unless exempt
from such charge as hereinafter set forth. Where real property within
the Village is located such that sewer lines or the Village sewer
system is not available for usage or service by said property, said
property shall not be subject to sewer rent, notwithstanding that
said property is serviced by the Village water system or that such
Village water system is available for usage by said property.
Except as set forth in §
195-157 and §
195-160 hereof, all premises and real property supplied with water by the Village of Waterloo shall be charged sewer rents per the rate schedule set by the Village of Waterloo Board.
Where real property within the Village is not serviced by municipal
water supply but is serviced by Village sewer system, the sewer rent
for such real property will be based upon a water usage of 3,000 gallons
per month.
Any property owner who can demonstrate to the Village Board
that all or any part of the water consumed on the real property in
a given period of time has not been returned to the sewer system shall
be entitled to a rebate of sewer rents for such period, provided that
application for such rebate is made prior to the period for which
the rebate is claimed.
All persons discharging or depositing wastes with concentrations
in excess of the pollutant concentrations in normal sewage shall pay
a surcharge per the rate schedule set by the Village of Waterloo Board.
The total sewer service charge (which shall be called the "user
charge"), shall be the sum of the normal sewage service charges plus
the surcharge for abnormal sewage.
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.
The billing period shall be monthly for industrial and bimonthly
for 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.
C. Monitoring, inspections, and surveillance procedures.
D. Costs of equipment and supplies.
E. Reviewing accidental discharge procedures.
F. Construction inspections.
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 of Waterloo Board. The manner of determining the volume
dumped shall be at the discretion of the Superintendent.
The Village of Waterloo 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. Sewer rents shall be billed to each parcel of real property as aforesaid at such time or times as water charges are now billed and shall be collected in like manner. Sewer rents shall be due at such times as water charges are now due and payable and shall be collected by such Village official or officials as now charged with the collection of water charges.
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 of Waterloo 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.
Sewer rents and penalties shall constitute a lien upon real
property upon which rents have been established and imposed.
The Village of Waterloo may enforce the collection of delinquent
sewer rents and penalties pursuant to § 452 of the General
Municipal Law.
If an owner of real property on which a sewer rent has been
imposed deems himself or herself aggrieved because such real property
is not served by the sewer system or an error has been made in computing
such sewer rent, he or she may file an application for a refund of
all or part of such rent. Such application shall be presented to the
Village Clark-Treasurer, who shall forward such application to the
Board of Trustees with his or her recommendation in relation thereto.
The Board of Trusties may, by two-thirds vote, authorize a refund
of all or part of such sewer rent or charge.
Pursuant to § 453 of the General Municipal Law, revenues
derived from sewer rents and associated penalties, and impact fees,
shall be credited to a special fund to be known as the "sewer rent
fund." Disbursement therefrom shall be made pursuant to such section
of the General Municipal Law.
A. The Village of Waterloo shall maintain and keep proper books of records
and accounts for the POTW, separate from all other records and accounts,
in which shall be made full and correct entries of all transactions
relating to the POTW. The Village of Waterloo will cause an annual
audit of such books of record and account for the preceding fiscal
year to be made by a recognized independent certified public accountant,
and will supply such audit report to authorized officials, and the
public, on request.
B. In conjunction with the audit, there shall be an annual review of
the sewer charge system to determine if it is adequate to meet expenditures
for all programs for the coming year.
C. Classification of old and new industrial users should also be reviewed
annually.
D. The Village of Waterloo shall maintain and carry insurance on all
physical properties of the POTW, of the kinds and in the amounts normally
carried by public utility companies and municipalities engaged in
the operation of sewage disposal systems. All moneys received for
losses under any such insurance policies shall be applied solely to
the replacement and restoration of the property damaged or destroyed.
None of such sewer rents or penalties shall be deemed a tax
against any real property within the Village of Waterloo.