[HISTORY: Adopted by the Board of Trustees the Village of Penn Yan 4-12-2005 by L.L. No. 1-2005. Amendments noted where applicable.]
Editor's Note: This local law superseded former Chapter 154, Sewer Rents, which consisted of Article I, Establishment of Rents, adopted 9-2-1969 by L.L. No. 2-1969 (Ch. 56 of the 1969 Code), as amended; and Article II, Wastewater Service Area, adopted 7-18-1983 by L.L. No. 6-1983 (Ch. 56A of the 1969 Code).
The purpose of this chapter shall be to generate sufficient revenue to first pay for the necessary operation and maintenance costs, and then capital construction costs, net of related estimated revenues and budget resource appropriations, from users who are connected in whole or in part to the Village of Penn Yan sewer system.
There is hereby established in the Village of Penn Yan a schedule of rent rates to be called "sewer rents," the revenues from which shall be kept as a separate and distinct fund known as the "sewer fund," which shall be used for the payment of the cost of the management, operation, maintenance and repair of the Village sewer system, including treatment and disposal works, and in the event of any surplus, such surplus may also be used for the enlargement or replacement of the same and for the payment of the interest on any debt incurred for the construction of such sewer system, including sewage pumping, treatment-disposal works and for retiring such debt, but shall not be used for the extension of the sewer system to serve any unsewered area or for any purpose other than one or more of the purposes herein specified.
[Amended 3-15-2011 by L.L. No. 6-2011]
In order to ensure the continued functioning of the Sewer Department and the wastewater treatment plant of the Village and to ensure their proper operation, repair and maintenance, the Village establishes herein a formula for fixing rates for the use of the Village sewer system by sewer customers of the Village of Penn Yan.
With the exception of users of the Village sewer system and wastewater treatment plant pursuant to a contract between the Village of Penn Yan and any other town, village or special district, the following provisions shall be applicable for computation of rates for customers of the Village sewer system.
In addition to any and all other fees and charges provided by law, regulation or resolution every person who shall use the Village sewer system or whose property shall utilize the Village sewer system shall be billed monthly at rates pursuant to the following formula: monthly TUC = [(FUC x EDU) + (VUC x number of gallons consumed divided by 1,000)] divided by 12.
The components of the formula are:
Total user cost (TUC) is the monthly amount of the customer's sewer bill.
Fixed user cost (FUC), computed as the annual costs of all indebtedness related to the operation of the Penn Yan municipal sewer system and wastewater treatment plant divided by the total number of EDUs.
Equivalent dwelling units (EDU) is a factor representing the customer's premises as set out in the EDU documents filed with the Village Clerk and adopted or amended by resolution after public hearing and upon five days' notice, posted and published.
Variable user cost (VUC), computed as the total of the annual operating and maintenance costs related to the operation of the Penn Yan Municipal sewer system and the wastewater treatment plant, divided by the anticipated annual water production of the Penn Yan municipal water system and expressed as a cost per 1,000 gallons.
Customers outside the Village limits will be billed monthly at 1 1/2 times the costs at which a similarly categorized sewer rents customer within the Village would be billed.
Sludge hauler rates shall be set by resolution of the Board of Trustees of the Village of Penn Yan, subsequent to a public hearing upon five days' notice, posted and published.
Editor's Note: This local law provided that it would be effective for sewer rent consumption readings taken after May 25, 2011.
The Municipal Utilities Board may include the statement of sewer rents provided for by this Chapter on or with its regular water rent bills.
[Amended 8-18-2015 by L.L. No. 7-2015]
The owner of any premises, which premises is or may be, supplied with sanitary sewer service through the Village municipal sewer system contiguous to those premises, shall be liable for charges related to such sewer service, computed as provided in this chapter.
With respect to rental premises for which the owner of the premises consents to the tenant having the sewer rent account in the tenant's name, the account may be entered in the name of the tenant and sewer rent may be charged to the tenant. Such account shall be managed subject to § 154-6 hereof.
Only rental units with separately metered water service may have sewer rent billed to a tenant.
In the event that an owner of real property discharging sewage into the sewer system can show that a building on premises owned by him uses water in excess of 5,000 gallons per quarter year, and it can be shown to the satisfaction of the Board of Trustees of the Village of Penn Yan that a portion of the water as measured by the water meter does not and cannot enter the sewer system of the Village of Penn Yan, the Board of Trustees may, at the cost of such owner, in such manner and by such devices as may be found practicable, determine the percentage of metered water entering the sewerage system for which a charge should be made, and the amount or percentage so found shall be used to determine and be the basis of the sewer rental for such owner, when certified to and approved by the Board of Trustees.
[Amended 8-18-2015 by L.L. No. 7-2015]
Sewer rent is due within 15 days of the date of the invoice for such sewer rent. Sewer rent not paid within such fifteen-day period becomes past due, without further notice and subject to a late payment penalty of 1.5% per month computed from the past due date.
The Village Clerk/Treasurer is authorized to enter into "payment agreements" with sewer service customers, including tenants, with respect to unpaid sewer rent invoices, upon such terms as are determined in the sole discretion of the Village Clerk/Treasurer.
Upon billing therefor, sewer rents levied pursuant to this chapter shall become a lien upon the real property which benefited from such sewer service. Any such lien shall be prior to and superior to any other lien upon the property with the exception of water rent and real property taxes.
In April of each year the Board of Trustees shall certify, by motion duly made and adopted, a list upon which is set out the names, addresses and Tax Map identification numbers of the owners of real property who, as of January 10 of that year are and continue to be delinquent in payment of sewer rent, together with the amount of such delinquent sewer rent. The Village Treasurer shall set out on the Village tax roll the name and address of the owner of the real property liable for general Village taxes and the amount of each delinquent sewer rent which constitutes a new principal sum and shall thereafter, as such new principal sum, be payable, collectible and enforceable in the same manner and at the same time provided by law for the payment, collection and enforcement of the Village taxes for the subject real property.
The Penn Yan Municipal Utilities Board shall review annually the necessary operation and maintenance costs and capital construction costs, net of related estimated revenues and budget resources appropriations, as well as each user's wastewater contribution percentage annually, and will revise the system as necessary to assure equity of the sewer rent charges established herein and to assure that sufficient funds are obtained to adequately operate and maintain the sewer system.
Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services.
The system of service charges and rent rates established herein shall take precedence over any terms or conditions of agreements or contracts between the Village of Penn Yan and users (including industrial users, special districts, other municipalities or state and federal agencies or installations) which are inconsistent with Section 204(b)(1)(A) of the Clean Water Act (33 11.S.C. § 1251 et seq., as amended) or the 40 CFR 35 rules and regulations.