§ 50.338  FEES.
   (A)   Purpose. It is the purpose of this section to provide for the recovery of costs from contributors to the town’s POTW for the implementation of the program established herein. The applicable charges or fees shall be set forth in the town’s schedule of charges and fees established by the POTW Director as approved by the Town Council. A copy of these charges and fees will be made available by the POTW Director.
   (B)   Contributor charges. A contributor charge shall be levied on all contributors, including but not limited to, persons, firms, corporations or governmental entities that discharge, cause or permit the discharge of wastewater into the POTW.
      (1)   The contributor charge shall be based upon factors, including the cost of debt service and the operation and maintenance (including replacement) of the POTW.
      (2)   Each contributor shall pay its proportionate cost based on volume of flow.
      (3)   The Town Manager may review annually the wastewater contributions of contributors, the total costs of debt service, operation and maintenance of the POTW, and may make recommendations to the Town Council for adjustments in the schedule of charges and fees as necessary.
      (4)   Charges for flow to the POTW not directly attributable to specific or identifiable contributors shall be distributed among all contributors of the POTW, based upon the volume of flow of the contributors.
   (C)   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;
      (5)   Other fees as the town may deem necessary to carry out the requirements of the pretreatment program.
   (D)   Surcharges.
      (1)   The unit charge for wastewater of excessive strength shall be defined and listed on the town's schedule of charges and fees.
      (2)   The amount of surcharges will be based upon the volume of flow and the character and concentration of the constituents of the wastewater.
         (a)   The volume of flow used in determining the total discharge of wastewater for payment of contributor charges and surcharges shall be based on the following:
            1.   Metered water consumption as shown in the records of the meter readings maintained by the town; or
            2.   If required by the town, other flow-monitoring devices that 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 the plans approved by the town. The metering system shall be installed and maintained at the contributor's expense, according to arrangements that may be made with the town.
            3.   Where any contributor procures all or part of his or her water supply from sources other than the town, the contributor 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 wastewater used in determining surcharges shall be determined by samples collected and analyzed by the town. Samples shall be collected in such as 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 shall be binding as a basis for charges.
(Ord. passed 6-21-2011; Am. Ord. passed 12-13-2012)