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.
The total sewer service charge (which shall be called the "user charge")
shall be computed pursuant to a formula prepared and adopted by the Town Board.
Such formula shall be reviewed on a biannual basis and changes, if any, shall
be adopted after a public hearing.
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 water district
records. 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 for industrial and 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.
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 Town 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.
The POTW shall be operated on the basis of a fiscal year commencing
on the first day of January and ending on the 31st day of December.
The Town Board shall have the authority to impose additional 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. Monies 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 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 POTW; and
D.
For the extension, enlargement, replacement of, and/or
additions to the Town POTW, including any necessary appurtenances.
A.
The Town 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 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 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.