N.Y. Comp. Codes R. & Regs. tit. 21 § 1960.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1960.8 - Wastewater service charges

(a) Development of user charges for all users.

(1) All users shall pay and shall be liable to pay to the water board such fees, rates and other charges as the water board may establish from time to time in accordance with and pursuant to the authority of the Water Board Act. A schedule of such fees, rates and charges are set forth in section 1950.20 of this Title. These rates shall recover all of the costs associated with the water board's POTW for the fiscal year stated in such schedule. The user rates shall be developed using an equitable user charge structure which complies with all State and Federal regulations.

(2) As part of the user charge structure, process accounts shall be developed. Process accounts can be considered as cost centers into which all capital, operations, maintenance and other costs of the water board POTW can be allocated.

(3) Water board POTW users shall be divided into three classes:

(i) SIU;

(ii) CSIRU;

(iii) hauled waste.

(4) The costs assigned to process accounts shall be divided between user classes using allocating parameters which reasonably reflect the actual usage of the particular process by each user class as determined by the water board.

(b) User charge for commercial/small industrial/residential users (CSIRU).

(1) Any person owning premises accessible to the water board POTW who is classified as a CSIRU as defined hereinbefore, shall pay a user charge in accordance with a schedule to be adopted annually by the water board. This schedule will be developed to fully meet the need for income to pay the proportionate share of the costs, including without limitation, cost of operation, maintenance, insurance, renewals, and replacement of all wastewater collection, treatment and disposal services provided by the water board for this class of users, and payment of the proportionate share of interest on and amortization of, or payments of indebtedness for the capital costs of all facilities built to serve as part of the water board POTW. The amount of the billing shall be based upon the water consumption on each premises covered by this section determined by the water board, except as provided below. For the purposes of this section, it shall be deemed that a cubic foot of water consumed shall constitute a cubic foot of wastewater discharged. In the event that consumptive use precludes the use of water meter readings for determination of user charges, alternate metering may be substituted on a case-by-case basis pursuant to water board review and approval.

(2) For the purpose of billing, the owners of premises covered by this section for the user charges established in subdivision (a) of this section, the water board's service area shall be divided into sewer districts which shall have the same geographic boundaries as those established in section 1950.8(b) of this Title, and the billing dates for the three geographic districts shall be as established in such section, duly adopted by the water board, from time to time.

(3) The owners of the premises covered by this section shall be responsible for the payment of the user charge as determined in accordance with subdivision (a) of this section and no reduction in bills rendered shall be allowed for leakage.

(4) All user charge bills shall be payable when due. They shall be mailed or delivered by the water board, as a matter of convenience to the property owner or user, as the case may be. Failure of a property owner or user, as the case may be, to receive a user charge bill shall not release the property owner or user, as the case may be, from the payment of such bill together with any fee or penalty which may accrue or become existent by virtue of non-receipt of such bill.

(5) Whenever a property discharging wastewater into the water board POTW is without a meter, the water board will arrange for installation of a water meter. The water board will then bill the property owner or user, as the case may be, for an estimated reasonable amount of wastewater discharged during the time that the property has been occupied without a meter.

(6) When it is impossible to obtain a regular quarterly reading of any meter for any reason, including a meter found to be registering inaccurately or found to be stopped, the amount of wastewater discharged shall be estimated according to the amount of water consumed for the same or similar occupancies and a bill rendered for such estimated amount of wastewater discharged. The fact that the amount of the bill has been estimated shall be indicated on the bill.

(7) Any user charge account of any nature remaining unpaid on September 30th of each year shall be placed upon the next general city tax roll made up after such date, should the water board be unable to make collection in any manner other than by civil action. If placed upon the tax roll, a user charge account shall become a part of said tax roll and shall become due with the same and shall be subject to the same penalties and interest as such city taxes. User charges shall be liens against real property within the city to the extent set forth in the Water Board Act and General Municipal Law of the State.

(8) Complaints of incorrect charges on user charge bills must be made prior to the due date of such bill and all user charge bills against which no claim has been made within the time set forth above shall be considered correct and must be paid in the amount rendered.

(9) When property becomes vacant, upon receipt of written notice from the owner of same, the water board shall remove the water meter and seal the service in a manner that will prevent any possibility of usage without charge. When the water board is notified that the property is reoccupied, a meter will be reinstalled, the shutoff seal removed and the water supply restored. No charge shall be made for sewer use during the time that the property remains vacant provided that the foregoing provisions are fully complied with.

(10) The billing charge on any building permanently demolished shall be discontinued when conclusive proof of demolition is presented to the water board, when the water meter is removed by the water board, a licensed plumbing contractor certifies to the water board that the water and sewer service has been properly sealed, and upon payment of any existing bills up to the date such certification is provided to the water board.

(11) User charge bills shall not be rendered, otherwise than quarterly and in the full amount due for all of the wastewater discharged for the full quarter as provided in this section. Persons purchasing property shall make arrangements with the seller or transferor of the same regarding any settlement for the partial payment for the user charge during any portion of any quarter.

(12) For purposes of the initial billing pursuant to this section, in any case where the bill for user charge shall cover a period less than a full quarter, there shall be an estimated proration of the user charge and the bill shall be forwarded based upon such estimate and shall be described on the face of the bill as an estimated billing.

(13) The director shall charge a person discharging waters or water from a motor vehicle, tank truck or any other mobile conveyance an amount which adequately represents the cost of testing and treatment.

(c) User charge for SIUs.

(1) Any person owning premises accessible to the water board POTW and being an SIU defined hereinbefore, shall pay a user charge, in accordance with a schedule to be adopted annually by the water board. This schedule will be developed to fully meet the need for income to pay the proportionate share of costs including without limitation, cost of operation maintenance, insurance, renewals, and replacements of all wastewater collection, treatment and disposal services provided by the water board for this class of users, and payment of the proportionate share of interest on and amortization of, or payments of indebtedness for the capital costs of all facilities built to serve as part of the water board's POTW.

(2) Each SIU shall provide facilities for continuous metering of wastewater flow quantities and for sampling and monitoring for determination by the water board of character and quality of discharge to the water board POTW in accordance with the SIU permit, and as required in section 1960.6 of this Part hereinbefore except that, at the option of the SIU, flows and loadings of TSS and SOC of wastewater from office buildings and washrooms of factory spaces may be estimated upon a per capita basis if connected separately to the water board POTW. Such flow and loading quantities shall be combined with the industrial waste flow and loading quantities in determining the average quarterly quantities upon which user charges are computed.

(3) The user charges for SIUs shall be at the rates as established by the water board, by resolution duly adopted from time to time, and shall be payable when due and in accordance with the provisions of such resolution(s). Failure of an SIU to receive a user charge bill shall not release the SIU from the payment of such bill together with any fee or penalty which may accrue or become existent by virtue of non-receipt of bill.

(4) Any user charge account of any nature remaining unpaid on September 30th shall be placed upon the next general city tax roll made up after such date, should the water board be unable to make collection in any other manner than by civil action. If placed upon the tax roll, a user charge account shall become a part of said tax roll and shall become due with the same and shall be subject to the same penalties and interest as such taxes. User charges shall be liens against real property within the city to the extent set forth in the Water Board Act and the General Municipal Law of the State.

(5) For determination of quantity, character and quality of wastewaters, complaints of incorrect charges on user charge bills must be submitted in writing to the director no later than 60 days from the date on which such bills are rendered and all user charge bills against which no claim has been made within the time set forth above shall be considered correct and must be paid in the amount rendered.

(d) User charge for hauled waste.

(1) Any person, whether a transporter or generator, shall pay a charge in accordance with paragraph (4) of this subdivision to fully meet the need for income to pay the proportionate share of costs including without limitation, cost for operation, maintenance, insurance, renewals, replacements of all wastewater receiving and conveyance facilities, treatment, and disposal services provided by the water board for this class of user, and payment of the proportionate share of interest on an amortization of, or payments of indebtedness for the capital cost of all facilities built to serve as part of the water board POTW. Each person who desires to discharge hauled waste, including the transporter and the generator, to the water board POTW shall apply for a discharge permit to do so. Such application will supply information pertaining to the pollutant characterization and volume of waste. No hauled waste shall be accepted without formal application and issuance of a permit.

(2) The user charges for hauled waste shall be billed and payable on a monthly basis.

(3) The amount of billing shall be based upon the pollutant content and volume of the waste. In addition, administrative and analytical costs shall be billed to and payable by the user.

(4) Bills due the water board for sewer use, or any other service, if not paid within 25 days from the date of issue, shall be subject to a fee of 10 percent penalty and 1.5 percent of the current billing amount due in interest for each month overdue, such fee to be collected together with the amount of the bill.

(5) Any user charge account of any nature remaining unpaid on February 1st of the year following rendition, shall be collected through any and all available legal remedies.

(6) Complaints of incorrect user charge bills must be made within the month in which such bills are rendered and all user charge bills against which no claim has been made within the time set forth above shall be considered correct and must be paid in the amount rendered.

(e) User fees. The water board may adopt fees which may include:

(1) fees for reimbursement of costs of establishing, operating and maintaining the water board's pretreatment program;

(2) fees for monitoring, inspections and surveillance procedures;

(3) fees for reviewing slug discharge control procedures and corrective action plans;

(4) fees for permit applications;

(5) fees for consistent removal (by the water board) of pollutants otherwise subject to categorical pretreatment standards; and

(6) other fees as the water board may deem necessary or appropriate to carry out the requirements contained herein.

These fees relate solely to the matters covered by this Part and are separate from all other fees chargeable by the city or the water board.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1960.8