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, which charge shall be collected as a
sewer rent.
All persons discharging or depositing wastes with concentrations
in excess of the pollutant concentrations in normal sewage shall pay
a surcharge.
A.
The total sewer service charge, (which shall be called the "user
charge"), is comprised of two parts, as follows:
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UC(t) = UC(n) + UC(an)
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Where:
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UC(t)
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=
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Total user charge for POTW operation and maintenance
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UC(n)
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=
|
User charge associated with normal sewage
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UC(an)
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=
|
User charge associated with abnormal sewage
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UC(n)
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=
|
OM X (OQ/100) X (QIA/QA)
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UC(an)
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=
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OM }[OB/100 X (BIA-Bn)/BA] +
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|
[OS/100 X (SIA-Sn)/SA] +
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[OP/100 X (PIA-Pn)/PA] +
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[ONH/100 X (NHIA-NHn)/NHA] +
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[OTK/100 X (TKIA-TKn)/TKA]}
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Where:
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OM
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=
|
Total annual POTW operation and maintenance costs
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OQ
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=
|
Percentage of OM attributable to flow (Q)
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OB
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=
|
Percentage of OM attributable to BOD5
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OS
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=
|
Percentage of OM attributable to suspended solids
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OP
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=
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Percentage of OM attributable to total phosphorus
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ONH
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=
|
Percentage of OM attributable to ammonia
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OTK
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=
|
Percentage of OM attributable to total kjeldahl nitrogen
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QIA
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=
|
Average daily flow rate (MGD) from discharger
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BIA
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=
|
Average daily BOD5 loading (LB/DAY) from discharger
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SIA
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=
|
Average daily suspended solids loading (LB/DAY) from discharger
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PIA
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=
|
Average daily total phosphorus loading (LB/DAY) from discharger
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NHIA
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=
|
Average daily ammonia loading (LB N/DAY) from discharger
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TKIA
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=
|
Average daily total Kjeldahl nitrogen loading (LB N/DAY) from
discharger
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QA
|
=
|
Average daily flow rate (MGD) at the POTW treatment plant
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|
BA
|
=
|
Average daily BOD5 loading (LB/DAY) at the POTW treatment plant
| |
|
SA
|
=
|
Average daily suspended solids loading (LB/DAY) at the POTW
treatment plant
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|
PA
|
=
|
Average daily total phosphorus loading (LB/DAY) at the POTW
treatment plant
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|
NHA
|
=
|
Average daily total ammonia loading (LB N/DAY) at the POTW treatment
plant
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|
TKA
|
=
|
Average daily total Kjeldahl nitrogen loading (LB N/DAY) at
the POTW treatment plant
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Bn
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=
|
BOD5 loading (LB/DAY) in discharge if it were normal sewage
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|
Sn
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=
|
Suspended solids loading (LB/DAY) in discharge if it were normal
sewage
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|
Pn
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=
|
Total phosphorus loading (LB/DAY) in discharge if it were normal
sewage
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|
NHn
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=
|
Ammonia loading (LB N/DAY) in discharge if it were normal sewage
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|
TKn
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=
|
Total Kjeldahl nitrogen loading (LB N/DAY) in discharge if it
were normal sewage
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B.
Note: If any difference terms in the equation above is negative,
then that portion of the equation shall not be used, that is, the
difference shall be set to zero when it is negative.
C.
Note: All averages are arithmetic averages determined from available
data during the billing period.
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 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 Town of
Wilna Herrings Water District. 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 Town Board 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 Town Board 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 or the Town Board. 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 Town
Board, at the owner's expense.
The billing period shall be monthly for industrial and quarterly
for non-industrial users.
The additional charges and fees associated with the operation
of the pre-treatment program shall be assessed the user, and include:
A.
Reimbursement of costs of setting up and operating the pre-treatment
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 Part
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 Town Board. The manner of determining the volume dumped shall
be at the discretion of the Superintendent.
The Town of Wilna 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, Enforcement and Penalties, of this chapter relating to the collection of penalties shall apply to the collection of sewer service charges and abnormal sewage service surcharges, unless where otherwise provided by application of the Sewer Rent Law by the Town of Wilna.
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 Town Board shall have the authority to impose impact fees
on new development, which development may:
Revenues derived from user charges and associated penalties,
and impact fees, shall be credited to a special fund. Moneys in this
fund shall be used exclusively for the following functions:
A.
For the payment of the operation and maintenance, including repair
and replacement costs of the Town's POTW;
B.
For the discovery and correction of inflow and infiltration;
C.
For the payment of interest on and the amortization of or payment
of indebtedness which has been or shall be incurred for the construction
or extension of the Town's POTW; and
D.
For the extension, enlargement, replacement of, and/or additions
to the Town's POTW, including any necessary appurtenances.
A.
The Town of Wilna 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 Town of Wilna 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 Town of Wilna 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.
