[Amended 5-13-2019 by L.L. No. 2-2019]
A.
All persons
discharging or depositing wastes into the public sewers shall pay
a sewer service charge proportional to the liquid volume of waste
so deposited, as set forth below.
B.
The normal
sewer service charge is based on typical single-family home water
use, or a benefit unit (BU). A single-family property typically uses
150 gallons per day of water, or one BU. For every 150 gallons per
day of water consumed, or portion thereof, a user will be charged
an additional BU.
C.
As part
of the acquisition of the POTW, the Village has entered into a rate
agreement with Red Hook Commons. Normal sewage charges for Phases
1, 2 and 3 of the Red Hook Commons development, as more particularly
set forth in the agreement approved by the Village Board, are set
forth below:
[Added 5-13-2019 by L.L.
No. 2-2019]
Additionally, all properties within the service area of the
POTW benefitted by the sewerage system, whether or not connected to
the system, and whether or not developed, shall pay for their portion
of capital costs, as set forth by resolution of the Village Board.
[Amended 5-13-2019 by L.L. No. 2-2019]
All persons discharging or depositing wastes with concentrations
in excess of the pollutant concentrations in normal sewage shall pay
a surcharge. The surcharge shall be in accordance with a schedule
of surcharges adopted by the Village Board, as may be amended by resolution
of the Village Board from time to time.
[Amended 5-13-2019 by L.L. No. 2-2019]
The total charged to a property is the service charge, plus
any surcharges, and capital costs.
The service area of the POTW may be segmented to assist in a
fair distribution of user charges.
A.
In addition to any and all fees and charges provided by law, the
sewer rental charge shall be based on the quantity of water used on
or in the property or premises as shown by the records of the Village
Water Department.
B.
The rate of such sewer rental charge shall be established from time
to time by resolution of the Board of Trustees after a public hearing
upon five days' public notice.
C.
The volume of flow to be used in computing sewer service charges
and abnormal sewage surcharges shall be based upon metered water consumption
as shown on the records of meter readings maintained by the Village
Water Department. In the event that a person discharging wastes into
the POTW produces evidence, to the Superintendent, demonstrating that
a substantial portion of the total amount of metered water does not
reach the POTW, then the Superintendent shall either establish a percentage
of the total metered water to be used as a basis for such computations,
or direct the installation of appropriate flow-measuring (and totalizing)
devices to measure and record the actual amount of flow into the POTW.
In the event that a person discharging wastes into the POTW procures
all or part of his water supply from unmetered sources, the Superintendent
shall either direct the installation of water meters on the other
sources of water supply, or direct the installation of appropriate
flow-measuring devices to measure and record the actual amount of
flow into the POTW. Any water meters and/or flow-measuring devices
installed pursuant to this section shall be of a type and design acceptable
to the Superintendent and shall be installed, maintained, and periodically
tested as required by the Superintendent, at the owner's expense.
All such meters and/or flow-measuring devices shall be subject to
periodic inspection, testing, and reading by the Superintendent. Any
person discharging wastes into the POTW may install a flow-measuring
device at his option, of the type, design, installation, and maintenance
standards of the Superintendent, at the owner's expense.
The billing period shall be quarterly in tandem with the water
billing.
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.
B.
Issuing permits.
C.
Monitoring, inspections, and surveillance procedures.
D.
Costs of equipment and supplies.
E.
Reviewing accidental discharge procedures.
F.
Construction inspections.
G.
Filing appeals.
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 Board. The manner of determining the volume dumped shall
be at the discretion of the Superintendent.
The Village 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 rents and abnormal sewage service surcharges, unless where otherwise provided by application of this chapter by the Village.
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.
Revenues derived from sewer rents, including penalties and interest,
shall be credited to a special fund, to be known as the "Sewer Rent
Fund," which shall be administered as provided in § 453
of the General Municipal Law of the State of New York.
A.
The Village 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 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. Classification of old and new
industrial users should also be reviewed annually.
C.
The Village 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.
