NFW-13-08-00006-EP Adoption of a Schedule of Rates, Fees and Charges
3/26/08 N.Y. St. Reg. NFW-13-08-00006-EP
NEW YORK STATE REGISTER
VOLUME XXX, ISSUE 13
March 26, 2008
RULE MAKING ACTIVITIES
NIAGARA FALLS WATER BOARD
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. NFW-13-08-00006-EP
Filing No. 233
Filing Date. Mar. 10, 2008
Effective Date. Mar. 10, 2008
Adoption of a Schedule of Rates, Fees and Charges
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 1950.8 and 1950.20 of Title 21 NYCRR.
Statutory authority:
Public Authorities Law, section 1230-j
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
To enable the Board to sufficiently fund its operations and in order to preserve public health, safety and welfare for the people in our service area.
Subject:
Adoption of a schedule of rates, fees and charges.
Purpose:
To pay for the increased costs necessary to operate, maintain and manage the system.
Text of emergency/proposed rule:
EXHIBIT 1
Section 1950.20 is being amended to read as follows:
(a) This schedule sets forth the rates, fees and other charges applicable to the provision of water supply, wasterwater and related services by the Niagara Falls Water Board to all property owners, users and other persons during the period January 1, 200[7]8 through December 31, 200[7]8. All property owners, users and other persons who receive services from the water board shall pay to the water board the rates, fees and charges set forth in this schedule.
(b) The following rates shall be charged and collected for the use of water within the city, supplied by the water board as hereby fixed and established:
First 20,000 cu. ft. per quarter, $[2.66]2.79 per 100 cu. ft.
Next succeeding 60,000 cu. ft. per quarter, $[2.31]2.42 per 100 cu. ft.
Next succeeding 120,000 cu. ft. per quarter, $[1.92]2.05 per 100 cu. ft.
Over 200,000 cu. ft. per quarter, $[1.62]1.70 per 100 cu. ft.
The minimum charge for water consumed in any premises within the city for any quarter or portion thereof shall not be less than $[34.58] 36.27.
(d) Water used for testing fire hoses, filling tanks, swimming pools, testing sprinkler systems, and like use shall be billed at the highest residential unit rate enumerated in section 1950.20(b) above. [$2.66 per 100 cu. ft. in the city.] The amount used may be either estimated in accordance with the size of the pipe through which taken at the pressure furnished, or determined by the use of a temporary meter rented to the user by the water board. The use of the latter method shall be at the discretion of the director and may required a refundable deposit.
(n) The annual availability charge for private fire protection services shall be:
Diameter of Service Connection
Annual Fee
2″ or less
$[63.00] 66.00
3″
$[89.00] 95.00
4″
$[160.00] 168.00
6″
$[362.00] 380.00
8″
$[640.00] 670.00
10″
$[1000.00] 1050.00
12″
$[1440.00] 1510.00
(r) ….
SCHEDULE I
Minimum charge per quarter
$[43.50]45.59 with a usage allowance of up to
1,300 cubic feet
Additional usage in excess
$[3.55] 3.72 per 100 cubic feet
of 1,300 cubic feet
SCHEDULE II
POLLUTANT PARAMETERS
RATE
Flow
$[2506.00] 2,626.30 per million gallons
Suspended Solids
$[0.83] ,87 per pound
Soluble Organic Carbon
$[1.41]1.50 per pound
SCHEDULE III
SUBSTANCES OF CONCERN UNIT CHARGES
PARAMETERS
UNIT RATE
Benzene
$[284.00] 297.65 per pound
Chloroform
$[50.55] 53.00 per pound
Dichloroethylenes
$[309.00] 323.85 per pound
Toluene
$[13.67] 14.35 per pound
Trichloroethanes
$[64.20] 67.30 per pound
Trichloroethylene
$[81.97] 85.90 per pound
Vinyl Chloride
$[41.00] 43.00 per pound
Monochlorotoluenes
$[2.74] 2.90 per pound
Tetrachloroethylene
$[38.25] 40.10 per pound
Total Phenols
$[6.22] 6.55 per pound
This notice is intended
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire June 7, 2008.
Text of rule and any required statements and analyses may be obtained from:
William Bolents, Niagara Falls Water Board, 5815 Buffalo Ave., Niagara Falls, NY 14304, (716) 283-9770 ext. 214, e-mail: bbolents@nfwb.org
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.