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(A) The town, or its engineer, shall determine the total annual costs of operation and maintenance or the of sewerage system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works were designed and constructed.
(B) The total annual cost of operation and maintenance shall include but need not be limited to labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests, and a reasonable contingency fund.
(Prior Code, § 9-2B-2)
(A) The town, or its engineer, shall determine average user’s average daily volume of wastewater, which has been discharged to the wastewater system, which shall then be divided by the average daily volume of all wastewater discharged to the wastewater system, to determine each user’s volume contribution percentage.
(B) The amount used as the total average daily volume of wastewater shall exclude infiltration and inflow. Residential users contributing domestic strength waste will be assessed charges based on hydraulic loading only.
(Prior Code, § 9-2B-3)
(A) The town, or its engineer, will determine the average suspended solids (SS) and biochemical oxygen demand (BOD) daily loadings for the average residential users. The town will assess a surcharge rate for all nonresidential users discharging wastes with BOD and SS strengths greater than the average residential user.
(B) Such users will be assessed a surcharge sufficient to cover the costs of treating such user’s above normal strength wastes. Normal strength domestic wastes are considered to be 180 ppm BOD and 240 ppm SS. The surcharge rate structure for such above normal strength waste dischargers is contained in Appendix A of Ord. 229, on file in the office of the Town Clerk-Treasurer.
(Prior Code, § 9-2B-4)
(A) Each nonresidential user’s wastewater treatment cost contributions as determined in §§ 9-2B-3 and 9-2B-4 shall be added together to determine such user’s annual wastewater service charge. Residential users will be considered to be one class of user and an equitable service charge will be determined for each user based upon an estimate of the total wastewater contribution of this class of user.
(B) The governing body may classify industrial, business, commercial, and other nonresidential establishments as a residential user; provided, that the wastes from these establishments are equivalent to the wastes from the average residential users with respect to volume, suspended solids, and BOD. Each user’s wastewater treatment cost contribution will be assessed in accordance with the rate schedule contained in Appendix A of Ord. 229, on file in the office of the Town Clerk-Treasurer.
(Prior Code, § 9-2B-5)
The town shall submit a quarterly statement to the user for the user’s monthly wastewater service charge to be included with the monthly water utility billing. Should any user fail to pay the user wastewater service charge within six months of the due date, the town may stop the wastewater service to the property.
(Prior Code, § 9-2B-6)
(A) The town shall review the total annual cost of operation and maintenance as well as each user’s wastewater contribution percentage not less often than every two years and will revise the system as necessary to assure equity of the service charge system established herein and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater treatment works.
(B) If a significant user, such as an industry, has completed in-plant modifications which would change that user’s wastewater contribution percentage, the user can present at a regularly scheduled meeting of the governing body, such factual information and the town shall then determine if the user’s wastewater contribution percentage is to be changed. The town shall notify the user of its findings as soon as possible.
(Prior Code, § 9-2B-7)
(A) Fees established. Any and all persons or corporations who shall utilize the services of the sanitary sewer disposal system of the town shall pay a monthly charge as set by the Town Council by resolution.
(B) Hardship; waiver of fee. If any fee established by this section will cause undue hardship upon any person, the fees may be waived in whole or in part by motion of the Town Council.
(C) Unpaid fees a lien against property. The fees provided by this section shall constitute a lien on all property owned by the user within the corporate limits of the town.
(Prior Code, § 9-2B-8) (Ord. 317, passed 10-2-1997; Ord. 2024-01, passed 4-4-2024)
(A) Applicability. Late payment charges shall pertain to fees required to be paid to the town pertaining to sewer usage fees, water fees and landfill fees, respectively.
(B) Payment; delinquency. Statements shall be due and payable at the office of the Town Clerk-Treasurer immediately upon receipt of the statement and shall be delinquent if not paid before the expiration of 90 days after the date the statement was prepared for mailing.
(C) Responsibility for payment; penalty for failure.
(1) Property owners or the owner, agent, tenant, purchaser, or lessee of each such place or abode or place of business shall, each and all, be jointly and severally liable for the payment of all charges and fees hereunder. Failure to pay any charges and fees when due shall constitute a violation of the provisions of this chapter.
(2) Collection of the charges and fees fixed under this chapter and other applicable ordinances when delinquent may be enforced by civil action at law brought by the town or an accredited collection agency for the town in any court of competent jurisdiction, and this remedy is cumulative and not exclusive and shall be in addition to all penalties provided for by the town ordinances for any violation of provisions thereof.
(3) No change of ownership or occupation shall affect the application of this section. In the event fees described in this chapter are not paid within the 90-day period, the amount shall accrue interest of $10 for each 30-day period the fees are not paid after the 90-day delinquency period. The late payment charges shall be collectible in addition to the accrued fees as described in this chapter as well as any and all other costs of collection, including reasonable attorney fees incurred by the town as the result of any civil action initiated for collection or foreclosure of the lien provided.
(Prior Code, § 9-2B-9) (Ord. 2024-01, passed 4-4-2024) Penalty, see § 9-2-7