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Village of Williamsville Code
 
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Chapter 78: Sewer Rents
§ 78-1. Purpose.
§ 78-2. Rents established.
§ 78-3. Collection.
§ 78-4. Conflict with other provisions.

[HISTORY: Adopted by the Town Board of the Town of Williamsville 1-14-1991 as L.L. No. 2-1991. Amendments note where applicable.]

GENERAL REFERENCES

Sewer use -- See Ch. 81.

§ 78-1. Purpose.

The purpose of this chapter is to establish and impose sanitary sewer rents, pursuant to Article 14-F of the General Municipal Law the State of New York, on all properties located within one hundred fifty (150) feet of a sanitary sewer and all properties outside village where the village has contracted to provide sanitary sewer services.

§ 78-2. Rents established.

A. The sanitary sewer rents for properties located within village corporate limits shall be established annually by resolution of the Board of Trustees after a public hearing.

B. Properties located outside the village corporate limits which are connected to the village sanitary sewer system shall pay an annual sewer rent as established by resolution of the Board of Trustees after a public hearing.

C. Properties shown on the Village Map as unimproved land shall pay a sewer rent based on an annual rate per one thousand dollars ($1,000.) of value.

D. For all other properties in the village subject to the payment of sanitary sewer rents, a scale of charges shall be established by resolution of the Board of Trustees in accordance with the following:

(1) That part of the total cost attributed to operation and maintenance costs shall be based upon the volume of water consumed. That part of the total cost attributed to capital costs shall be based upon the total value of the premises connected with and served by the sewer system.

(2) Any nongovernmental user of the sanitary sewer system which discharges more than twenty-five thousand (25,000) gallons per day (gpd) of sanitary waste or a volume of process waste or a combined process and sanitary waste having a weight of biochemical oxygen demand (BOD) or suspended solids equivalent to that weight found in twenty-five thousand (25,000) gallons per day of sanitary waste shall be classified as an industrial commercial user. Each such user shall pay its proportionate share of operation and maintenance costs of the sanitary sewer system based upon its proportionate contribution to the total wastewater loading from all classes of users. Such contribution shall be based on factors such as strength, volume and delivery-flow rate characteristics.

(3) Industrial, institutional or commercial property whose water supply is not exclusively provided by the village water system but which is connected to the sewer system may, at the discretion of the village, be required to install and maintain a meter or other suitable device, at the expense of the owner, subject to the approval of the village, for the purpose of measuring the amount of sewage discharged into the village sanitary sewer system.

(4) Any user that discharges any toxic pollutants that result in any increase in the cost of managing the effluent or the sludge of the local treatment works shall be classified as an industrial/commercial user and be required to pay the amount of such increased costs.

§ 78-3. Collection.

A. Sanitary sewer rents shall be due and payable at the same time and in the same manner as general village taxes and shall be included therein.

B. Sanitary sewer rents not paid when due, plus penalties and interest, shall become a lien on the real property to which unpaid rents were charged and shall be added to the next succeeding county property tax bill.

C. Interest and penalties shall be levied in the same manner as interest and penalties on the village taxes.

D. The Board of Trustees may direct that an action be brought to any court of competent jurisdiction for the collection of sanitary sewer rents, penalties and interest.

§ 78-4. Conflict with other provisions.

In the case of any possible preexisting agreements which address the reservation of capacity in the local treatment plant or the charges to be collected by the village in providing wastewater treatment services, transporting services or reserving capacity, the system outlined herein for the establishment and collection of sanitary sewage rents shall take precedence over any terms or conditions or agreements or contracts between the grantee and users, including industrial users, special districts, other municipalities, federal agencies or installations, which are inconsistent with the requirements of Section 204(b)(1)(A) of the Clean Water Act of 1977 and the rules and regulations contained in 40 CFR Part 35, Subpart E (Grants Construction of Treatment Works, Clean Water Act).


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