Town of Bethel, NY Sewer Service Charges

It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the Town to collect charges from all users who contribute wastewater to the Town's treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public wastewater treatment works.

§ 257-32 Definitions and word usage.

Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:

BOD (denoting "biochemical oxygen demand")

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter (mg/l).

BUNGALOW COLONY

A group of bungalow dwellings under one ownership, excluding mobile homes, including rental office and recreational facilities serving the residents of such colony.

BUNGALOW USER

Any dwelling suitable for human habitation designed for a seasonal occupancy (i.e., unheated and uninsulated) which is occupied for six months or less.

COMMERCIAL USER

All retail stores, restaurants, office buildings, laundries, theaters and other private business and service establishments.

COST ALLOCATION FACTOR

The cost of treatment assigned to each of the following parameters of wastewater discharges: flow; BOD; restricted discharges and suspended solids and which will be utilized in the calculation of the sewer service charge for industrial users.

[Amended 11-13-2013 by L.L. No. 3-2013]

DEBT SERVICE

The total principal and interest payments for a given period, e.g., a year, on long-term debt issues.

EQUIVALENT DWELLING UNIT or EDU

A unit of measure equal to 300 gallons of normal domestic wastewater, which is the estimated amount of normal domestic wastewater discharged daily from one single-family residence.

[Added 11-13-2013 by L.L. No. 3-2013]

GOVERNMENTAL USER

Includes legislative, judicial, administrative and regulatory activities of federal, state and local governments.

INDUSTRIAL USER

Includes any nongovernmental, nonresidential user of publicly owned treatment works which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended, and supplements, under the following divisions: Division A, Agriculture, Forestry and Fishing: Division B, Mining; Division D, Manufacturing; Division E, Transportation, Communications, Electric, Gas and Sanitary; Division I, Services.

INSTITUTIONAL USER

Includes social, charitable, religious and educational activities such as schools, churches, hospitals, nursing homes, penal institutions and similar institutional users.

NORMAL DOMESTIC WASTEWATER

Wastewater that has a BOD concentration of not more than 200 milligrams per liter, a suspended solids concentration of not more than 250 milligrams per liter, and a total Kjeldahl nitrogen concentration of not more than 25 milligrams per liter: Additional restrictions of pollutants in the wastewater stream can be noted in Article I, Sewer Use.

OPERATION AND MAINTENANCE

Those functions which result in expenditures during the useful life of the collection system and the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.

PERMIT

For the purposes of Article III of this chapter, any permit issued by the Town Supervisor pursuant to § 257-41 hereof.

[Added 11-13-2013 by L.L. No. 3-2013]

REPLACEMENT

Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The phrase "operation and maintenance" includes "replacement."

RESIDENTIAL USER

Any contributor to the Town's treatment works whose building is used or can be used for year-round domestic dwelling purposes only.

SEASONAL USER

A bungalow dwelling or bungalow colony dwelling unit which is occupied for six months or less.

SECOND HOME

Includes all year-round dwellings with heating systems and insulation suitable for twelve-month occupancy.

SEWER SERVICE CHARGE

The combination of all service charges for sewer services, including user charges and debt service charges.

SS (denoting "suspended solids")

Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

TOWN SUPERVISOR

The duly elected Town Supervisor of the Town of Bethel.

[Added 11-13-2013 by L.L. No. 3-2013]

TREATMENT WORKS

Any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and their appurtenances; and extensions or improvements, including acquisition of the required land.

TRUCKED WASTE

[Added 4-6-2006 by L.L. No. 3-2006; amended 11-13-2013 by L.L. No. 3-2013]

(1)

Normal domestic wastewater, or any other wastewater which meets the permit requirements of any permit issued pursuant to Article III of this chapter, and which is discharged from a residential dwelling (including a second home) or by a residential user, bungalow user, seasonal user, institutional user, governmental user, or commercial user including wastewater removed from a septic tank utilized by any of the forgoing.

(2)

Trucked waste shall also mean i) wastewater removed from portable lavatories; and ii) leachate discharged from the closed landfill owned and operated by the Town of Bethel which wastewater or leachate meet the permit requirements of any permit issued pursuant to Article III of this chapter.

(3)

Trucked waste shall not include any of the following:

(a)

Wastewater discharged from industrial users, any manufacturing use, as defined by Town Code § 345-5, or from any explicitly prohibited use, as defined by Town Code § 345-38;

(b)

Prohibited discharges set forth at Town Code § 257-18; or

(c)

Restricted discharges set forth at Town Code § 257-19, unless expressly allowed in any permit issued pursuant to Article III of this chapter.

USEFUL LIFE

The estimated period during which a treatment works will be operated.

USER CHARGE

That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.

Word usage.

(1)

"Shall" is mandatory.

(2)

"May" is permissive.

§ 257-33 Sewer Service Charge Fund.

Revenue derived from sewer charges, including interest and penalty, shall be credited to a special fund known as the "Sewer Service Charge Fund."

The Sewer Service Charge Fund shall generate adequate annual revenues to pay costs of annual operation and maintenance, including replacement and costs associated with debt retirement of bonded capital associated with financing the treatment works, which the Town ordinance designates to be paid by the sewer user charge system. The user charge, that portion of the total sewer service charge which is designated for operation and maintenance, including replacement of the treatment works, shall be established by this article.

The Sewer Service Charge Fund, that portion of the total sewer service charge collected which is designated for operation and maintenance, including replacement purposes as established in § 257-34, shall be deposited in a separate nonlapsing fund known as the "Sewer Service Charge Fund."

Fiscal-year-end balances in the operation and maintenance account and the replacement account shall be used for no other purpose than those designated for these accounts. Moneys which have been transferred from other sources to meet temporary shortages in the Sewer Service Charge Fund replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement debt retirement. The user charge rate(s) shall be adjusted such that the transferred moneys will be returned to their respective accounts within the fiscal year following the fiscal year in which the moneys were borrowed.

§ 257-34 Establishment of classes and charges for Kauneonga Lake Sewer District.

[Amended 4-6-2006 by L.L. No. 3-2006; amended 11-13-2013 by L.L. No. 3-2013]

The classes of users of the Kauneonga Lake Sewer District and the calculation of charges for use of said sewer system shall be as set forth in this § 257-34. The calculation of sewer service charges shall be based upon equivalent dwelling units for residential users and other users not having a metered flow of wastewater. The following class of users and calculation of sewer service charges are as follows:

(1)

Class I users (residential users).

(a)

Residential users residing in a single-family dwelling, as that term is defined at Town Code § 345-5, shall be charged operation and maintenance costs and debt service costs based upon a single EDU at a rate established annually by resolution of the Town Board.

(b)

Residential users residing in a two-family or multifamily dwelling, as those terms are defined at Town Code § 345-5, shall be charged operation and maintenance costs and debt service costs based upon a single EDU for each dwelling unit located in the two-family or multifamily building at a rate established annually by resolution of the Town Board.

(c)

Bungalow users and seasonal users residing in a single-family dwelling, as that term is defined at Town Code § 345-5, shall be charged operation and maintenance costs at a rate which is no more than 80% of the rate established annually by resolution of the Town Board for residential users and debt service costs based upon the full rate established annually by the Town Board for debt service for residential users.

(d)

Bungalow users and seasonal users residing in a two-family or multifamily dwelling, as those terms are defined at Town Code § 345-5, shall be charged operation and maintenance costs and debt service costs based upon each dwelling unit located in the two family or multifamily building at a rate established annually by resolution of the Town Board for bungalow users and seasonal users.

(2)

Class II users (commercial and industrial users).

(a)

Class II users are all institutional users, governmental users, commercial users or industrial users of the Kauneonga Lake Sewer District which discharge less than 25,000 gallons per day of normal domestic wastewater to the Kauneonga Lake Sewer District wastewater facilities.

(b)

Class II users shall be charged operation and maintenance costs and debt service costs based upon the actual metered flow of wastewater from the use in question. The actual metered flow of wastewater shall be converted to an equivalent dwelling unit basis. Sewer service charges shall be fixed at a rate established annually by resolution of the Town Board.

(c)

In the event that a Class II user does not have a meter to measure the flow of wastewater from the use in question, such Class II user will be charged on the basis of an equivalent dwelling unit basis as set forth in Table 1 hereto.[1] In the event that the use of any such Class II user is not set forth in Table 1, the number of equivalent dwelling units shall be calculated by the Town and charged at a rate established annually by resolution of the Town Board.

[1]

Editor's Note: Table 1 is included at the end of this chapter.

(3)

Class III users (commercial and industrial users).

(a)

Class III users are all users of the Kauneonga Lake Sewer District which are not Class I users or Class II users and which discharge:

[1]

More than 25,000 gallons per day of normal domestic wastewater to the Kauneonga Lake Sewer District wastewater facilities;

[2]

Any amount of wastewater containing BOD₅ or SS in concentrations in excess of normal domestic wastewater; or

[3]

Any amount of wastewater containing restricted discharges (as set forth at Town Code § 257-19) in quantities deemed by the Superintendent to need regular testing or monitoring.

(b)

All Class III users must meter the flow of wastewater from the use in question unless a permit is issued by the Superintendent which provides for a calculation of estimated wastewater flow based upon an engineering analysis acceptable to the Superintendent. The actual or estimated metered flow of wastewater shall be converted to an equivalent dwelling unit basis.

(c)

Class III users shall be charged operation and maintenance costs and debt service costs based upon the actual metered or estimated flow of wastewater from the use in question converted to an equivalent dwelling unit basis, plus a cost allocation factor which takes into account additional treatment costs attributable to the rate of flow of discharged wastewater and/or additional treatment requirements occasioned by the Class III discharge in question. Sewer service charges shall be fixed at a rate established annually by resolution of the Town Board.

(d)

The cost allocation factor referenced in Subsection A(3)(c), above, for flow will be 0.50, for BOD, 0.25; for SS, 0.25; and for other restricted discharges, 0.25. Debt, operation and maintenance charges attributable to flow, BOD, SS and RD will be calculated as follows:

Flow	=	User Flow Total Plant Flow	x [(Total Annual Cost) (Cost Allocation Factor)]
BOD	=	User BOD Total Plant BOD	x [(Total Annual Cost) (Cost Allocation Factor)]
SS	=	User SS Total Plant SS	x [(Total Annual Cost) (Cost Allocation Factor)]
RD	=	User SS Total Plant RD	x [(Total Annual Cost) (Cost Allocation Factor)]

Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from Town's treatment works or any user which discharges any substance which singly or by interaction with other substances causes an identifiable increase in the cost of operation, maintenance or replacement of the treatment works shall pay for such increased costs. Such increased costs also include any fines or penalties imposed against the Town for violation of its SPDES permit. The charge to each such user will be as determined by the responsible plant operating personnel and approved by the Town Board.

The sewer service charge rates established in this § 257-34 apply to all users located in the Kauneonga Lake Sewer District, except for those users located in the Kauneonga Lake Sewer District extension area.

§ 257-35 Establishment of classes and charges for Kauneonga Lake Sewer District extension area.

[Added 4-6-2006 by L.L. No. 3-2006]

The following classes of users, charges to those users and charges in the Kauneonga Lake Sewer District extension area for the use of a sewer system are hereby established as follows:

Performing arts center ("PAC") facility parcels.

(1)

Debt charge for the Kauneonga Lake Sewer District extension area. The total annual debt charge to the PAC facility parcels shall be the total annual cost of the capital debt incurred for the Kauneonga Lake Sewer District extension area minus the total amount paid toward capital debt retirement by other users within the Kauneonga Lake Sewer District extension area. The PAC facility parcels are those parcels upon which the Bethel Performing Arts Center is to be constructed.

(2)

Debt charge to the PAC facility parcels for future debt incurred by Kauneonga Lake Sewer District (if required).

(a)

The charge to the PAC facility parcels for debt incurred by the Kauneonga Lake Sewer District on or after 2006 for improvements made to the original Kauneonga Lake Sewer District (as opposed to the Kauneonga Lake Sewer District extension area) shall be based on an application of an equivalent dwelling unit ("EDU") measurement, at a cost per EDU to be determined by the Kauneonga Lake Sewer District, pursuant to the following table:

Year one: 50 EDUs.

Year two: 60 EDUs.

Year three: 70 EDUs.

Year four: 80 EDUs.

Year five: 90 EDUs.

Year six and beyond: 105 EDUs.

(b)

One EDU is 300 gallons of discharge. The "year" designation refers to the year that the PAC facility parcels first become connected to the Kauneonga Lake Sewer District system.

(c)

The PAC facility parcels are assessed at 105 EDUs based upon a calculated flow of 31,098 gallons of normal domestic wastewater per day. The PAC facility parcels shall be charged operation and maintenance costs based upon a rate per EDU established annually by resolution of the Town Board.

[Amended 8-24-2006 by L.L. No. 4-2006; 11-13-2013 by L.L. No. 3-2013]

Residential users. The calculation of sewer service charges for residential users, bungalow users and seasonal users shall be in the same manner as Class I users under § 257-34A. The rate established by the resolution of the Town Board for operation and maintenance costs shall be the same amount for similar users located in the Kauneonga Lake Sewer District. The rate established by the resolution of the Town Board for debt service costs shall be based upon the debt service obligations of both the Kauneonga Lake Sewer District and the Kauneonga Lake Sewer District extension area.

[Amended 8-24-2006 by L.L. No. 4-2006; 11-13-2013 by L.L. No. 3-2013]

Commercial and industrial users. The calculation of sewer service charges for commercial users and industrial users shall be in the same manner as Class II users and Class III users under § 257-34A. The rate established by the resolution of the Town Board for operation and maintenance costs shall be the same amount for similar users located in the Kauneonga Lake Sewer District. The rate established by the resolution of the Town Board for debt service costs shall be based upon the debt service obligations of both the Kauneonga Lake Sewer District and the Kauneonga Lake Sewer District extension area.

[Amended 8-24-2006 by L.L. No. 4-2006; 11-13-2013 by L.L. No. 3-2013]

[Added 11-13-2013 by L.L. No. 3-2013]

The sewer service charges established in this § 257-35 apply only to users located in the Kauneonga Lake Sewer District extension area.

[Added 11-13-2013 by L.L. No. 3-2013]

§ 257-36 Collection; late payments; liens.

The sewer use charge herein shall be levied and collected quarterly commencing on September 1, 1990, subsequent to the enactment of this article, and continuing quarter-annually thereafter on the first days of December, March, June and September.

A late payment penalty of one and 1.5% of the user charge bill will be added to each delinquent bill for each 30 days or portion thereof of delinquency.

Sewer rents shall constitute a lien upon real property serviced by the sewer system or such part or parts thereof for which sewer rents shall have been established and imposed. The lien shall be prior and superior to every other lien or claim except the lien of an existing tax assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof.

The Town Board, on behalf of the Kauneonga Lake Sewer District, may bring and maintain actions upon contract or foreclosure of liens as provided in § 452 of the General Municipal Law of the State of New York, as may be amended from time to time. As an alternative to the maintenance of any such action, the Town Board may annually cause a statement to be prepared setting forth the amount of each lien for sewer rent in arrears, the real property affected thereby and the name of the person in whose name such real property is assessed. Such statement shall be presented to the board or body empowered to levy Town tax on or before a date specified by such body or board, and such board or body shall levy the amounts contained in such statement against the real property liable at the same time and in the same manner as Town taxes, and such amounts shall be set forth in a separate column in the annual tax rolls. The amounts so levied shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of Town taxes and in accordance with Subdivision 4 of § 452 of the General Municipal Law.

§ 257-37 Report.

All users contributing more than 25,000 gallons per day or whose waste strength is greater than 200 milligrams of BOD per liter or 250 milligrams of SS per liter shall prepare and file with the Town a report that shall include pertinent data relating to the wastewater characteristics, including the methods of sampling and measurement to obtain these data, and these data shall be used to calculate the user charge for that user. The Town shall have the right to gain access to the waste stream and take its own samples. Should the Town do so and should the results be substantially different as determined by the Town from the data submitted by the user, the user charge for that user shall be revised for the next billing period.

§ 257-38 Application for review of individual charges.

Any user who feels his user charge is unjust and inequitable may make written application to the Town Board requesting a review of his user charge. Said written request shall, where necessary, show the actual or estimated average flow and/or strength of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.

Review of the request shall be made by the Town Board, and, if substantiated, the user charges for that user shall be recomputed based on the revised flow and/or strength data, and the new charges shall be applicable to the next billing cycle/period.

§ 257-39 Review and revision; notice.

The Town Board will review the user charges at least annually and revise the rates as necessary to ensure that adequate revenues are generated to pay the costs of operation and maintenance, including replacement, and that the system continues to provide for the proportional distribution of operation and maintenance, including replacement costs among users and user classes.

The Town Board will notify each user at least annually of the rate being charged for operation and maintenance, including replacement of the treatment works.

§ 257-40 (Reserved) [1]

[1]

Editor's Note: Former § 257-40, Current sewer service charges, added 10-26-1995 by L.L. No. 7-1995, was repealed 11-13-2013 by L.L. No. 3-2013.

§ 257-41 Disposal and treatment of trucked waste; fees.

[Added 4-6-2006 by L.L. No. 3-2006; amended 11-13-2013 by L.L. No. 3-2013]

Authorization. Any party desiring to dispose of trucked waste at the wastewater treatment works must secure a permit issued by the Town Supervisor pursuant to this section based upon a form of permit approved by the Town Board.

(1)

Said permit shall include, but not be limited to, all of the following conditions:

(a)

Trucked waste may be disposed of at the wastewater treatment works only during the time period set forth in the permit, and if no such time periods are set forth in the permit, only normal business hours of the wastewater treatment works and only in accordance with a schedule approved by the Superintendent. Trucked waste may not be disposed at any time that a plant operator is not present.

(b)

A party seeking to dispose of trucked waste at the wastewater treatment works must be in possession of all applicable licenses, permits and manifests required by any other governmental agency, and must be insured as required by terms and conditions of the permit.

(c)

A permit to dispose of trucked waste at the wastewater treatment works may be denied to any permit applicant because:

[1]

The applicant lacks proof of the necessary insurance required by the terms of the permit or fails to provide requisite insurance certificates which name the Town as an additional insured;

[2]

The applicant lacks the necessary licenses, permits and manifests required by any other governmental agency to operate the required vehicles or haul the trucked waste;

[3]

A violation of the SPDES operating permit issued to the wastewater treatment works would likely occur because the wastes are not trucked wastes; or

[4]

The health and safety of the public may be threatened.

(d)

A permit to dispose of trucked waste at the wastewater treatment works may be denied to or revoked from any party who is in violation of any applicable provision of this article or applicable state law or regulation governing the storage, transport, treatment or disposal of trucked waste, septic waste, sewage, hazardous waste or similar substance.

(e)

Upon request of the Superintendent, any permit holder of a permit to dispose of trucked waste at the wastewater treatment works must provide copies of test results taken of the trucked waste offered for disposal at the wastewater treatment works, if any, and must subject any load of trucked waste offered for disposal or disposed at the wastewater treatment works to a test for pH.

(f)

Any load of trucked waste may be refused by the on-site plant operator for any of the reasons set forth in any permit issued pursuant to this section.

(2)

A permit to dispose of trucked waste at the wastewater treatment works may be revoked from any party who fails to comply with any conditions contained in the permit or in this § 257-41, including any delinquency in the payment of fees required by § 257-41B. A permit holder of a permit to dispose of trucked waste at the wastewater treatment works may appeal such revocation in writing to the Town Board in accordance with the terms contained in the permit.

Fees. Any permit issued to a party desiring to dispose of trucked waste at the wastewater treatment works will be subject to an application fee and a treatment fee, which fees shall be established from time to time by resolution of the Town Board and payable by the permit holder. The permit fees shall be governed by the following:

(1)

The volume of waste disposed shall be measured by the full capacity of the vehicle conveying the trucked waste. No payment calculation shall be based upon a partial load; and

(2)

Payment of all fees shall be due and payable within 20 days of the invoice date unless the permit shall expressly provide otherwise. Late payments shall be subject to a notice of delinquency for the first event. All subsequent late payments shall be subject to a late payment fee of 10% of the balance due or as otherwise set forth in the permit.

Enforcement. Any person disposing of trucked waste in violation of this article or in violation of any permit to dispose of trucked waste at the wastewater treatment works shall be subject to the fines and penalties set forth at § 257-27B hereof, and, if such violation causes or contributes to a violation of the SPDES permit issued for the operation of the wastewater treatment works, such person, in addition to any fines or penalties levied in accordance with Town Code § 257-27B, shall indemnify and reimburse the Town for i) any fines or penalties levied by any federal, state or local government with jurisdiction over the operation of the wastewater treatment works; and ii) any costs incurred by the Town (including all reasonable engineering and legal fees) related thereto.