[Adopted 11-17-1980]
This article defines and regulates the following items within the City of Jamestown, County of Chautauqua and State of New York, with respect to sewer use:
A. 
A system of proportioning operation and maintenance costs (sewer rents) required to operate and maintain the City's wastewater collection and treatment facilities among the contributors who benefit by its use.
B. 
A system of proportioning debt retirement costs required to design and construct City wastewater collection and treatment facilities among the contributors who benefit by its use.
Unless the context specifically indicates otherwise, definitions contained in the Sewer Ordinance[1] and the following terms used in this article shall be as follows:
DRY INDUSTRY
Any industrial or commercial user which discharges primarily domestic wastewaters, as distinguished from industrial wastewaters.
INDIVIDUAL, INDIVIDUAL USER or USER
Any individual, family, firm, company, association, society, corporation or group.
INDUSTRIAL USER
Any user which contributes wastewater discharges other than domestic sanitary wastewaters to the City sewerage system.
RESERVE CAPACITY
That capacity required by an industry in excess over that which it actually intends to use during the initial connection period.
SEWER RENTS
A scale of monthly charges established and imposed by the City of Jamestown through its Board of Public Utilities for the use of the sewerage system or any part or parts thereof.
[Amended 12-28-1987; 1-11-1988; 8-26-2013]
SIGNIFICANT INDUSTRIAL USER
One that will contribute greater than 10% of the design flow or design pollutant loading of the treatment works.
USER COSTS
The costs of operation and maintenance of all wastewater treatment service provided by the City, and includes replacement costs.
[1]
Editor's Note: See Art. III, Sewer Use, of this chapter.
Industrial users of the City of Jamestown sanitary sewer system discharging wastewaters other than domestic wastes shall be required to participate in the user charge and debt retirement program. The Director of Public Works for the City of Jamestown shall stipulate which industries shall be included in addition to significant industrial users. User charges and debt retirement costs will be established on the basis of individual wastewater characteristics and reserved capacity as they affect the cost and operation of transmission and treatment works. Wastewater characteristics may include volume, strength and flow rates.
A. 
Uncontaminated cooling water is prohibited from the City sanitary sewer system as specified in § 240-22B. Should it be necessary to discharge such cooling water, it must be considered process waste and must be included in the fee computations.
B. 
Industrial users which pretreat process wastewaters prior to their discharge to the City sanitary sewer system must pay their portion of these sewer rents based on the characteristics of the pretreated process waste flows.
C. 
An industrial user may reserve excess capacity in the collection and/or treatment systems to accommodate projected growth of that user. This shall be excess capacity over that which it actually intends to use during the initial connection period. In such cases, the reserved capacity allotted to an industrial user must be included as part of that industry's debt retirement repayment. Reserved capacity must be requested through a formal, written agreement with the City of Jamestown through the Director of Public Works' office. The industrial user shall be required to pay the full debt retirement fee for its initial and reserved capacity. Should the industrial user exceed its reserved capacity, it shall be required to pay its portion calculated on the initial and reserved capacity, plus additional fees for use above the reserved capacity limits.
D. 
Should the collection or treatment systems be upgraded, the industrial users with reserved capacity contracts shall be required to pay additional user charges and debt retirement fees attributed to the cost of upgrading.
E. 
Any new industrial users shall be required to participate in the user charge and debt retirement program. Payments by a new industry shall begin on the date use is initiated and shall continue until the industry discontinues the use of the collection and/or treatment facilities.
F. 
The wastewater characteristics of each industrial user contributing to the City sanitary sewer system shall be determined through a monitoring system as described in § 240-23I of Article III, Sewer Use. Monitoring shall be scheduled on a random basis at the discretion of the Director of Public Works. In each case, monitoring shall be conducted during a period of normal industrial wastewater discharge. In addition to the monitoring program, industries shall be required to maintain records which will assist in accurately defining each user's wastewater characteristics.
G. 
In the event that an industrial user discontinues use of the collection and/or treatment systems of the City of Jamestown, its payment for user charges and debt retirement shall cease. Discontinuance of use shall include the termination of any agreement for reserve capacity. Written notification to the Director of Public Works providing the date of cessation must be received by the City of Jamestown not later than 90 days prior to the effective date of termination. Termination of the agreement shall acknowledge all conditions (i.e., reserved capacity) that have been provided. The discontinuance of use by an industrial user shall not affect the payment responsibilities of the remaining industries. Payment responsibility of the departing industry shall be restricted to the total cost during the period of use.
H. 
Each industrial user shall be provided the opportunity to request an administration hearing to appeal the reasonableness of the allocations. Prior to being assessed its respective charges for repayment, each industrial user shall be advised by the Director of Public Works of its impending indebtedness. The industrial user shall have a period of 30 days from the date of said notice to appeal. In the event that an industry chooses to appeal its assessment, representatives of that industry shall be required to appear before a Hearing Board, which Board shall decide in each dispute the objectives of this article.
A Hearing Board shall be appointed as needed in accordance with § 240-31, Hearing Board, of Article III, Sewer Use.
A. 
Universal agreement regarding cost allocation for various collection or treatment components is not possible. General considerations, however, are included in this article to provide guidelines for establishing charges. As of the date of this article, the City of Jamestown shall relate collection and treatment facilities to the following principal parameters: flow (Q), biochemical oxygen demand (BOD), suspended solids (SS) and total kjeldahl nitrogen (TKN). The foregoing represent the major design considerations affecting construction operation and maintenance of sewerage facilities in the City's system. Cost allocations shall be divided over these parameters per component. General guidelines are as follows:
Component/Facility
Cost Allocation
(percent)
Component
Q
BOD
SS
TKN
Sewers
100
-
-
-
Pumping facilities
100
-
-
-
Sewage treatment facilities
Preliminary treatment
100
-
-
-
Primary treatment
100
-
-
-
Secondary treatment
50
50
-
-
Secondary effluent pumping
100
-
-
-
Tertiary treatment facilities
70
-
-
30
Chlorination facilities
100
-
-
-
Outfall
100
-
-
-
Sludge handling facilities
-
20
50
30
Auxiliary power
100
-
-
-
Administration building
50
25
25
-
Miscellaneous modifications
70
10
10
10
Water supply facilities
100
-
-
-
Electrical and instrumentation
70
10
10
10
Subtotals
1210
115
95
80
Total
1500
B. 
The percentage cost allocations shown above are not to be considered mandatory, nor should they be considered uniformly applicable in all situations. The Director of Public Works may allocate costs associated with flow, BOD, SS, TKN, etc., as a whole without resorting to a component-by-component analysis.
A. 
A system of sewer rents shall be established by the City of Jamestown through its Board of Public Utilities, and such system shall assure that each recipient of wastewater treatment services within the City's service area shall pay its proportionate share of the costs of operation and maintenance of all wastewater treatment services provided by the City of Jamestown. Operation and maintenance includes replacement which is construed to be expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment facilities to maintain the capacity and performance for which such facilities were designed and constructed. The costs of operation and maintenance of publicly owned treatment facilities shall be distributed to the pollutant source to promote self-sufficiency of treatment works with respect to operation and maintenance.
[Amended 8-26-2013]
B. 
Sewer rent system.
(1) 
The sewer rent system shall result in the distribution of the cost of operation and maintenance of wastewater collection and treatment within the City's service area to each user in proportion to such user's contribution to the total wastewater loading of these facilities. Volume, strength and flow characteristics shall be considered and included as the basis for the user's contribution to ensure a proportional distribution of the operation and maintenance costs to each user.
(2) 
The City of Jamestown, through its Board of Public Utilities, shall review sewer rents annually and revise them to reflect actual operation and maintenance costs.
[Amended 8-26-2013]
(3) 
The sewer rent system shall generate sufficient revenue to offset the cost of all wastewater collection and treatment and operation and maintenance costs provided by the City.
(4) 
In the event that wastewaters are accepted from sewerage systems owned by others, then the subscribers receiving wastewater services from the City shall have adopted sewer rent systems. Such sewer rent systems shall also be incorporated in the appropriate municipal legislative enactments or other appropriate authority.
C. 
Wastewater flows.
(1) 
Four classes of wastewaters are hereby established and include the following: residential user; industrial user; industrial user sanitary wastewater; and commercial user. Specific interpretation of individual wastewaters shall be established by the Director of Public Works and generally follow the following guidelines:
(a) 
Residential user: an individual home, apartment or dwelling whose wastewaters are generated by sanitary facilities, food preparation, laundry or dishwashing facilities.
(b) 
Industrial user: a business engaged in the manufacture of a product and that discharges an industrial waste from the manufacturing operation.
(c) 
Industrial user sanitary wastewater: the wastewater discharged by an industry consisting of wastewaters from sanitary facilities. This is assumed to equal 25 gallons per employee per working day.
(d) 
Commercial user: an establishment generally rendering a service whose wastewaters are from sanitary facilities. Included but not limited to this class are schools, small private businesses, churches and the like.
(2) 
It is the intent to apportion the user costs equitably to all users of the City's wastewater collection and treatment facilities in relation to each user's approximate wastewater flow. For each class of user, the following methods of flow determination shall be used:
(a) 
Residential user: the wastewater flow equivalent to the yearly water usage as determined from water meter measurements.
(b) 
Industrial user: the wastewater flow equivalent to the wastewater discharged to the City's sanitary sewer system per year as determined by the industry's records and the industrial waste monitoring program.
(c) 
Industrial user/sanitary wastewater: the wastewater flow equivalent to 25 gallons per employee per day for the number of days of operation per year.
(d) 
Commercial user: the wastewater flow equivalent to the yearly water usage as determined from water meter measurements.
D. 
Method of assessment. To establish the cost obligation charged an individual user, the Director of Public Works shall prepare the list of expenditures for operation and maintenance which constitute the user cost portions of the City of Jamestown's sanitary sewer collection and treatment system. Expenditures shall include operation and maintenance costs for transmission, equipment and treatment. The share of user costs of each component in relation to the principal parameters shall be established by the Director of Public Works. Principal parameters shall include flow (Q), biochemical oxygen demand (BOD), suspended solids (SS), total kjeldahl nitrogen (TKN) and any other design parameter which influences the costs. The costs for operation and maintenance shall be distributed in proportion to the flow of all users of the City wastewater collection and treatment system. Flow figures shall be the primary criteria for assessing costs. In the event that a user continuously discharges a wastewater containing pollutant concentrations above the average values recorded at the treatment plant, that user shall be surcharged a cost commensurate with its discharge characteristics. The following sewer rent and user surcharge formulation shall be used to calculate individual user costs:
SEWER RENT FORMULATION
(1) 
A user shall be assessed an annual sewer rent equivalent to that portion of the total operation and maintenance costs as a ratio of that user's annual wastewater flows to the total annual wastewater flows. Provisions are included to assess a surcharge fee should a user discharge wastewaters with characteristics in excess of average design parameter.
User cost is expressed in dollars per year per user.
Total annual sewer rent represents the total operation and maintenance costs for the City wastewater disposal system, in dollars.
Total annual wastewater flow represents the total cumulative wastewater flows for all classes of users as defined by Subsection C above, expressed in cubic feet x 100.
Annual user wastewater flow represents that user's total annual wastewater flow as defined by Subsection C above, expressed in cubic feet x 100.
(2) 
A user surcharge will be assessed if it is demonstrated that a user is discharging wastewaters with characteristics in excess of average design criteria. The principal parameters used to evaluate excessive pollutant strengths are biochemical oxygen demand (BOD), suspended solids (SS) and total kjeldahl nitrogen (TKN). Component cost allocations are provided in § 240-5.
User surcharge cost is expressed in dollars per year per user.
Total annual sewer rents represent the total operation and maintenance costs for the City wastewater disposal system, in dollars.
Component cost allocation ratio is the ratio of component cost allocations per parameter to the total component cost allocations. (See § 240-5.)
Annual user wastewater flow represents that user's total annual wastewater flows as defined by Subsection C and expressed in cubic feet x 100.
Total annual wastewater flow represents the total cumulative wastewater flows for all classes of users as defined by Subsection C above, and expressed in cubic feet x 100.
User parameter is the strength of a parameter discharged by a user, expressed in milligrams per liter, pounds per year, etc.
Average City parameter is the average strength of a parameter received by the City treatment plant, expressed in milligrams per liter, pounds per year, etc.
A. 
Each user of the wastewater collection and treatment system of the City of Jamestown shall pay its proportionate share of costs of debt retirement for the City of Jamestown wastewater collection and treatment system.
B. 
Debt retirement system.
(1) 
The debt retirement system shall result in the distribution of the cost of debt retirement for wastewater collection and treatment facilities within the City's service area to each user in proportion to such user's contribution to the total wastewater loading of said facilities.
(2) 
The City of Jamestown, through its Board of Public Utilities, shall review debt retirement charges annually and revise them to reflect current flows, flow rates and wastewater characteristics.
[Amended 8-26-2013]
(3) 
The debt retirement system shall generate sufficient revenues to offset the amortization costs of all wastewater collection and treatment facilities projects provided by the City.
(4) 
In the event that wastewaters are accepted from treatment works owned by others, then the subscribers receiving wastewater treatment services from the City shall be required to assume their proportionate share of the debt retirement costs in accordance with the provisions of this article. Participation in this debt retirement program shall not constitute ownership of that portion of the City's wastewater collection and treatment facilities.
C. 
Wastewater flows. Four classes of wastewaters are established by the Director of Public Works and include residential user, industrial user, industrial user sanitary wastewaters and commercial user. Specific interpretation of individual wastewaters shall be established by the Director of Public Works. For each class of user, the following methods of flow determination shall be used:
(1) 
Residential user: the wastewater flow equivalent to the yearly water usage as determined from water meter measurements.
(2) 
Industrial user: the wastewater flow equivalent to the wastewater discharged to the City's sanitary sewer system per year as determined by the industry's records and the industrial waste monitoring program.
(3) 
Industrial user sanitary wastewater: the wastewater flow equivalent to 25 gallons per employee per day for the number of days operation per year.
(4) 
Commercial user: the wastewater flow equivalent to the yearly water usage as determined from water meter measurement.
D. 
Method of assessment. To establish the cost obligation charged an individual user, the Director of Public Works will prepare the list of amortization costs for wastewater collection and treatment projects which constitutes the cost portions of indebtedness owed by the City of Jamestown. The expenditures shall include principal and interest payments required per year. The portion of debt retirement costs of each wastewater facility component in relation to the principal parameters shall be established by the Director of Public Works. Principal parameters shall include flow (Q), biochemical oxygen demand (BOD), suspended solids (SS), total kjeldahl nitrogen (TKN) and any other design parameter which influences the project cost. The costs for debt retirement shall be distributed in proportion to flow for all users of the City's wastewater collection and treatment system. In the event that a user continuously discharges wastewater containing pollutant concentrations above the average value record in the treatment plant, that user shall be surcharged a cost commensurate with its discharge. The following debt retirement and debt retirement surcharge formula will be used to calculate individual debt retirement costs:
DEBT RETIREMENT FORMULATION
(1) 
A user shall be assessed an annual debt retirement charge equivalent to that portion of the total debt retirement cost as a ratio of that user's annual wastewater flows and reserved capacity to the total annual wastewater flows. Provisions are included to assess a surcharge fee should a user discharge wastewaters with characteristics in excess of average design parameters.
Debt retirement is expressed in dollars per year per user.
Annual user wastewater flow and reserved capacity represents that user's total annual wastewater flows as defined by Subsection C above and that user's reserved capacity as defined by § 240-3C, expressed in cubic feet x 100.
Total annual wastewater flow and reserved capacity represents the total cumulations wastewater flows for all classes of users as defined by Subsection C above and the total cumulative reserved capacity for all classes of users as defined by § 240-3C, expressed in cubic feet x 100.
Total annual debt retirement represents the total cost for debt retirement for the City's sewerage system.
(2) 
A debt retirement surcharge will be assessed if it is demonstrated that a user is discharging wastewaters with characteristics in excess of average design criteria. The principal parameters used to evaluate excessive pollutant strengths are biochemical oxygen demand (BOD), suspended solids (SS) and total kjeldahl nitrogen (TKN). Component cost allocations are provided in § 240-5.
Debt retirement surcharge cost is expressed in dollars per year per user.
Total annual debt retirement represents the total debt retirement costs for the City wastewater disposal system, in dollars.
Component cost allocation ratio is the ratio of component cost allocations per parameter to the total component cost allocations. (See § 240-5.)
Annual user wastewater flow and reserved capacity represents that user's total annual wastewater flow and reserved capacity as defined by Subsection C above and § 240-3C, and expressed in cubic feet x 100.
Total annual wastewater flow and reserved capacity represents the total cumulative wastewater flows and reserved capacity for all classes of users as defined by Subsection C above and § 240-3C, and expressed in cubic feet x 100.
User parameter is the strength of a parameter discharged by a user, expressed in milligrams per liter.
Average City parameter is the average strength of a parameter received by the City treatment plant, expressed in milligrams per liter.