LL #03-1970TOWN OF WAPPINGE R
LOCAL LAW # 3, 1970
A, Local Law relating to the Imposition Charge And Collection of Sewerage Rates
for the Fleetwood Mayor Sewer District as well as the Penalties and enforcement thereof.
Be IT ENACTED AND ORDAINED by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
DEFINITIONS
Section 1. As used in this law, the term "sewer system" shall mean and include
all sewer pipes and other appurtenances which are used or useful in whole or in part
in connection with the collection, traetment, or disposal of sewage, industrial waste and
other wastes and which are owned, operated or maintained by a city or village or sewer
district in a county or town, including sewage pumping stations and sewage treatment
and disposal works, if any.
The term "sewage" shall mean the water -carried human or animal wastes from
residences, buildings, industrial establishments, or other places, together with
such ground water infiltration and surface water as may be present. The admixture
with sewage as above defined of industrial waste or other wastes as hereafter defined,
also shall be considered "sewage" within the meaning of this law.
The term "industrial waste" whall mean and include any liquid, gaseous, solid
or other waste substance or a combination thereof resulting from any process of
industry, manufacturing, trade, or business_or from the development or recovery of any
natural resources.
The term "other wastes" shall mean garbage, refuse, decayed wood, sawdust,
shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dye, stuffs, acids,
chemicals and all other discarded matter not sewage or industrial waste.
Section 2. The owner of any parcel of real property served by the sewer
system within this district, including but not limited to such real property con-
neeted with the sewer system by means of a private sewer or drain emptr:2.ng into a
sewer system shall pay a sewer rent. Such rent is hereby fixed in an amount equal
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to seventy per cent of the gallonage rate per thousand gallons for the water
supplied to any such real property.
Section 3. The owner of any parcel of real property within the district
served by the sewer, which said property obtains water from a source other than
the Fleetw,aod Manor Water District, or obtains water that is not measured by a
water meter, shall purchase such measuring devices as shall be approved by the
district commissioners and shall at his own cost and expense install same in a
manner provided by said commissioners, and shall pay sewer rent. Such rent is
hereby fixed at an amount equal to seventy percent of the gallonage rate as com-
puted by said measuring device, based upon the same gallonage rate per thousand
gallons as in the case of water supplied to said property by the Fleetwood Manor
Water District.
Section 4. The owner of any parcel of real property using the district
sewer, which property is located outside of the district limits, shall pay a
sewer rental. Such rent is hereby fixed at an amount equal to seventy percent
of the charges now made or hereafter made for the water supplied to any such
property by the Fleetwood MaytorWater District. If the said property obtains
water from a source other than the Fleetwood Manor Water District or the water
obtained from the Fleetwood Manor Water District is not metered, the owner shall
purchase such measuring devices as shall be approved by the Town board and shall
install same in the manner provided by said Town Board for the purpose of ascer-
taining the quantity of water used. In the event said rental is not paid as pro-
vided herein, the Town Board shall forthwith cut off and discontinue sewer services
thereto.
Section 5. If any owner of real property within the district served by the
sewer system shall discharge therein any sewage or industrial wastes containing any
substance which may clog such system, or add to the operating costs of the sewerage
disposal plant, then said owner shall pay for the actual costs of repairing same,
or the additional operating costs of the sewerage disposal plant, as the case may
be, and if not paid within thirty days after completion of repairs or notice that
the extra cost of operating the sewerage disposal plant has been mailed to said
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owner, it is determined by the commissioners, that the same shall be added to the
next rental bill and shall be collected as provided herein.
SECTION 6
IMPOSITION AND COMPUTATION OF SEWER RENTS
A. The owner shall be obligated to pay the minimum charge of Six and
93/100 ($6.93) Dollars per each quarter, regardless of the consumption of water for
said quarter, provided said owner is connected to the system at any time during
the quarter.
B. In addition to any other fees or charges provided by law, the
owner of any parcel of real property served by the sa-wer system shall pay sewer rent.
Such rent is hereby fixed at an amount equal to seventy percent of the following
gallonage rate per thousand gallons:
Number of Gallons
first 9, 000 gallons
over 9, 000 gallons
Per thousand Gallons
$1.10
.90
C. Such sewer rents shall be payable on the 1st days of February, May,
August
and November, in each
year, commencing
1,
1970, and for non-
payment,
shall be subject to
the same penalties
as charged for
water. The sewer
rent Vi ch will be payable on November 1, 1970, shall be determined by the water
meter reading to be made between April 15, 1970 and October 15, 1970, irrespective
of the date of the last proceeding water meter reading. In the event that such
readings shall cover a period in excess of three months, such sewer rents shall be
determined by the average charge for water for a three month period, such average
to be determined by the last water readings of said water meter.
SECTION 7
PAYMENT AND ENFORCEMENT OF SEWER RENTS
A. Said sewer rents shall be payable, collectable and enforceable in a
manner provided by law, for the payment, collection and enforcement of water charged,
and shall constitute a lien upon the real property served by the sewer system of the
Town and such lien shall be prior and superior to every other lien or claim except
the lien of an existing tax, assessment,water rates or other lawful charged imposed
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by the City.
SECTION 8
SEWER RENT FUND
A. Revenues derived from sewer rents, including penalties and interest,
shall be credited to a special fund, to be known as the "sewer rent fund." Monies
in such fund shall be used in the following order:
(1) For the payment of the cost of operation, maintenance and repairs
of the sewer system.
(2) For the payment of the interest on and amortization of, or payment
of indebtedness which has been or shall be incurred for the construction of the
sewer system.
(3) For the construction of sewage treatment and disposal works with
necessary appurtenances, including pumping stations, or for the extension, enlargement,
or replacement of, or additions to, such sewer system.
B. Such revenues from sewer rents shall not be used to finance the cost
of any extension of any part of the sewer system (other than any sewage treatment
and disposal works with necessary appurtenances including pumping stations) to
serve unsewered areas if such part of the sewer system has been constructed wholly
or partly at the expense o,f the real property especially benefited, or fhr the
payment of the interest on, and the amortization of, or payment of, indebtedness
which is to be paid in the first instance from assessments upon benefited property.
SECTION 9
This Local Law shall take effect immediately upon adoption as provided by the
Municipal Home Rule Law.
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