(A) Purpose. It is the purpose of this section to provide for the recovery of costs, from users of the wastewater disposal system of the town, for the implementation of the program established herein. The applicable charges or fees shall be set forth in a schedule of sewer use charges and fees by the POTW Director and approved by the Town Board. A copy of these charges and fees will be made available from the POTW Director.
(B) The fees may be published in the town's annual budget ordinance. See the Town Clerk for copies of the budget ordinance.
(C) Surcharges. The amount of the surcharges will be based upon the volume of flow and the character and concentration of the constituents of the wastewater:
(1) The volume of flow used in determining the total discharge of wastewater for payment of user charges and surcharges shall be based on the following:
(a) Metered water consumption as shown in the records of meter readings maintained by the town; or
(b) If required by the town or at the individual discharger's option, other flow monitoring devices which measure the actual volume of wastewater discharged to the sewer. The devices shall be accessible and safely located, and the measuring system shall be installed in accordance with plans approved by the town. The metering system shall be installed and maintained at the user's expense, according to arrangements that may be made with the town; or
(c) Where any user procures all or part of his or her water supply from sources other than the town, the user shall install and maintain, at his or her own expense, a flow measuring device of a type approved by the town.
(2) The character and concentration of the constituents of the wastewater used in determining surcharges shall be determined by samples collected and analyzed by the town. Samples shall be collected in a manner as to be representative of the actual discharge and shall be analyzed using procedures set forth in 40 C.F.R. part 136.
(3) The determination of the character and concentration of the constituents of the wastewater discharge by the POTW Director, or his or her duly appointed representatives, shall be binding as a basis for charges.
(D) Pretreatment program administration charges. The schedule of charges and fees adopted by the town may include charges and fees for:
(1) Reimbursement of costs of setting up and operating the pretreatment program;
(2) Monitoring, inspections and surveillance procedures;
(3) Reviewing slug control plans, including accidental and/or slug load discharge procedures and construction plans and specifications;
(4) Permitting; and
(5) Other fees as the town may deem necessary to carry out the requirements of the pretreatment program.
(E) Surcharges.
(1) A sewer service surcharge may be billed and collected from industrial/commercial users of the sewer system who discharge waste based on BOD and TSS contribution. The surcharge is calculated on the basis of wastewater BOD and TSS concentrations in excess of 200 mg/l for each of the parameters. The surcharge rates for the BOD and TSS will be available in the office of the Director. The town will determine by monitoring, the amount of BOD and TSS being received into its sewer system from industrial/commercial users. Such surcharge shall be imposed in addition to any existing sewer service charge and any sewer charge imposed in the future. The determination of the character and concentration of the constituents of the wastewater discharge by the Director or his or her duly appointed representatives shall be binding as a basis for charges
(2) A sewer service surcharge shall be billed and collected from all food service establishments required to maintain a grease interceptor in accordance with the grease control ordinance, set forth in Art. 4 above.
(F) Charges for monitoring.
(1) Industrial/commercial users whose discharge is being periodically monitored by the town shall pay for specific sampling and analytical work performed by the town. If, during the course of normal monitoring, a violation of this chapter is determined, additional monitoring may be imposed on the industrial/commercial user at a frequency defined by the Director. The charge for the monitoring will be for only those wastewater parameters or conditions that are in violation of this chapter and monitoring may continue until the violation ceases. The industrial/commercial user will pay for the additional monitoring charges. Any additional monitoring for surcharge purposes requested by an industrial/commercial user shall be paid for by the industrial user on a per-analysis basis.
(2) The schedule of charges and fees adopted by the town may include charges and fees for:
(a) Reimbursement of costs of setting up and operating the pretreatment program;
(b) Monitoring, inspections and surveillance procedures;
(c) Reviewing slug control plans, including accidental and/or slug load discharge procedures and construction plans and specifications; and
(d) Other fees as the town or county may deem necessary to carry out the requirements of the pretreatment program.
(3) Permit fees. All users determined to require a permit shall pay a permit development fee, in accordance with the schedule of rates and fees established by the town and on file with the Town Clerk.
(G) System development fees. System development fees shall be determined from time to time by the Board, published in the annually adopted fee schedule and kept on file in the office of the Clerk.
(2003 Code, § 6-2.3) (Adopted 4-26-1994; Amended 7-3-2007; Amended 7-1-2014; Amended 12-3-2019; Amended 10-3-2023)