(A) Purpose. It is the purpose of this chapter to provide for the recovery of costs from users of the town’s wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth by the town’s schedule of charges and fees which is included with the ordinance codified in this subchapter. The intent of such user charge is to equitably distribute the cost of administration, operation and maintenance of the POTW to each user proportional to the amount of wastewater treatment service each user receives; and to promote self-sufficiency of the POTW with respect to administration, operation and maintenance costs.
(B) User charges.
(1) Authority. Pursuant to the provisions of Pub. Law No. 92-500, § 240(b), and subsequent amendments to it, the town, having received EPA financial assistance for the construction of treatment works, shall adopt a system of charges to assure that each user pays a share of the annual administration, operation and maintenance (including replacement) costs of the POTW.
(2) Intent. The intent of such user charges is to equitably distribute the cost of administration, operation and maintenance of the POTW to each user proportional to the amount of wastewater treatment service each user receives; and to promote self-sufficiency of the POTW with respect to administration, operation and maintenance costs.
(3) Definition. The term REPLACEMENT, referred to in division (B)(1) above, is defined as those expenditures for obtaining and installing equipment, accessories or appurtenances that are necessary during the service life of the treatment works to maintain the treatment works capacity and performance. The term “operation and maintenance” includes REPLACEMENT.
(4) User class. Each user shall be charged a share of the treatment works operation and maintenance cost based on the measured proportional contribution to the treatment works loading. Generally, the user charge will be dependent upon flow insofar as BOD, COD, TSS and other pollutant contributions discharged by all users are approximately equal. Where such pollutants exceed the range of concentration of these pollutants in normal domestic sewage, a surcharge will be added to the base charge. The models used in calculating the user charge are defined in division (B)(6) below.
(5) User charge criteria. The user charge system shall be approved by the Town Council and shall be maintained by the town in accordance with the following requirements.
(a) The user charge system must result in the distribution of the cost of operation and maintenance of treatment works within the town jurisdiction to each user (or user class) in proportion to such user’s contribution to the total wastewater loading of the treatment works. Factors such as strength, volume and delivery flow rate characteristics shall be considered and included as the basis for the user’s contribution to ensure a proportional distribution of operation and maintenance costs to each user (or user class).
(b) The user charge system must generate sufficient revenue to offset the cost of all treatment works operation and maintenance provided by the town.
(6) Model user charge system. The user charge system adopted by the town shall result in the equitable distribution of annual treatment works administration, operation and maintenance costs to each user (or user class) in approximate proportion to each user’s (or user class) contribution towards the total wastewater loading of the treatment works. The following user charge models shall be used for this purpose. The symbols used in the models are as defined below:
Cf = Total fixed operation and maintenance (O&M) costs per unit of time
Ct = Total variable operation and maintenance (O&M) costs per unit of time
Cu = A user’s charge for O&M per unit of time
Cs = A surcharge for wastewater of excessive strength
Vu = Volume contribution from a user per unit of time
Vt = Total volume contribution from all users per unit of time
Bc = O&M cost for treatment of a unit of biochemical oxygen demand (BOD)
B = Contribution of BOD from a user above a base level
Sc = O&M cost for treatment of a unit of suspended solids
S = Contribution of SS from a user above a base level
Nc = O&M cost for treatment of unit of ammonia
N = Concentration of ammonia from a user above a base level
Pc = O&M cost for treatment of a unit of any pollutant having identifiable contributions to overall treatment
P = Concentration of a pollutant from a user above a base level
(a) Model No. 1. Whereas the treatment works is primarily flow dependent as the BOD, suspended solids and other pollutant concentrations discharged by the majority of users are approximately equal; therefore, the user charge will be developed on a volume basis in accordance with the model below:
Cu = Cf + Vux Ct
No. of Users Vt
(b) Model No. 2. When determined by the town that BOD, COD, TSS, ammonia and any other appropriate pollutant concentrations from a user exceeds the range of concentration of these pollutants typically found in normal domestic sewage, a surcharge calculated by means of Model No. 1, shall be levied in addition to the base sewer use charge. The surcharge shall be computed by the model below:
Cu
= [Bc(B)+Sc(S)+Nc(N)+Pc(P)]
(7) Baselines. Baseline pollutant concentrations shall be BOD5-300 mg/l, TSS-300 mg/l, Total Nitrogen-50 mg/l, TKN-40 mg/l and Ammonia Nitrogen-25 mg/l or as established by the POTW Director and held as a standard for the town.
(8) Inclusions. Model No. 1 shall include all costs for operation and maintenance associated with extraneous flows not attributable to any one user or user class, thereby distributing these costs to all users.
(9) Other considerations. User charges may be established based on a percentage of the charge for water usage. However, the unit rate sewer charge for the largest volume users must be as great as or greater than the unit cost of operation and maintenance (excluding debt service). In any event, a surcharge shall still be levied in accordance with the provisions of Model No. 2 above. The system of user charges for the wastewater treatment system shall be based on total annual system costs, including operation and maintenance expenses.
(10) Notification. Each user shall be notified no less often than annually of the rates for user charges. Such notification shall be done in conjunction with a regular bill and, if the regular bill also includes charges for other services, shall clearly identify the portion of the bill attributable to wastewater user charges.
(11) Review. The Town Council shall review annually the sewage contributions of users, the total annual costs of debt service, operation and maintenance of the POTW and will make adjustments in the schedule of charges and fees as necessary to support the intent of this subchapter.
(12) Contracts, agreements. The user charge system shall take precedence over any terms or conditions of any contracts or agreements that are inconsistent with § 204(b)(1)(a) of the Clean Water Act (“the Act” as defined by this subchapter).
(C) Surcharges.
(1) All industrial users of the POTW are subject to industrial waste surcharges on discharges which exceed the levels as established in the schedule of fees and charges which is included with the ordinance codified in this subchapter.
(2) The amount of surcharge will be based upon the mass emission rate (in pounds per day) discharged above the levels in the schedule of fees and charges. The amount charged per pound of excess will be set forth in the schedule of charges and fees.
(a) 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:
1. Metered water consumption as shown in the records of meter readings maintained by the town;
2. If required by the town or at the individual dischargers option, other flow monitoring devices which measure the actual volume of wastewater discharged to the sewer. Such 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 users expense according to arrangements that may be made with the town; or
3. 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.
(b) 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 such 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.
(c) 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) The amount of surcharge is based on the current treatment costs associated with the removal of the designated parameter. O&M costs used to derive the surcharge is based on the most current costs of treating the given parameter to produce the acceptable discharge characteristics as defined in the town’s current NPDES permit. All noted surcharges shall be imposed as herein provided in addition to any existing sewer user charge and/or other fees imposed after the adoption of this subchapter. Rates shall be as stated in Appendix A of Ordinance 2007-13.
(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.
(Ord. 2007-13, passed 11-6-2012)