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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOD. The abbreviation for biochemical oxygen demand or the quantity of oxygen used in the biochemical oxidation of organic matter in a specified time (five days) at a specified temperature (20°C) and under specified conditions (standard laboratory) expressed in milligrams per liter.
COLLECTION SYSTEM. The system of public sewers to be operated by franchisees and governmental entities, or public sewers connected to such systems collecting wastewater from point sources.
DOMESTIC WASTEWATER. Wastewater derived principally from dwellings, commercial buildings, institutions and industry resulting from household or toilet wastes resulting from human occupancy. It may or may not contain ground water, surface water or storm water.
GRANTEE. Recipient of a federal grant for all or a portion of a treatment works as administered by the environmental protection agency.
INDUSTRIAL COST RECOVERY. Recovery by a federal grantee from the industrially classified users of a treatment works of the grant amount allocable to the treatment of wastes from such users.
INDUSTRIAL OR COMMERCIAL WASTE. A permit issued to control the industrial, commercial or institutional process flows from users that may be discharged into the sanitary sewer system. This permit is issued in addition to any other types of permits. When issued, the permit will define the characteristics and volume of the flow and acceptance or rejection of individual waste components.
INDUSTRIALLY CLASSIFIED USER. An industrial or commercial user whose liquid wastes are in part made up of flows related to industrial processes, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resulting from human occupancy.
mg/l (milligrams per liter). The quantity by weight of a minor constituent present in a given volume of a solution or mixture, expressed in milligrams per liter.
PERSON. Any individual, establishment, firm, company, association, society, corporation or group.
REPLACEMENT. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which such facilities were designed and constructed.
SHALL, MAY. SHALL is mandatory; MAY is permissive.
SURCHARGE. A charge levied on the users of the treatment works whose wastewater discharge exceeds the parameters established for wastewater strength.
SUSPENDED SOLIDS. Solids that either float on the surface of or are in suspension in water, wastewater or other liquids and which are largely removable by laboratory filtration.
TREATMENT WORKS. The wastewater treatment plant, interceptors, force mains, lift stations and collection systems.
USER CHARGE. A charge levied on the users of the treatment process facilities for the cost of operation and maintenance of such facilities and other equitable and necessary charges.
(Ord. 1-84, passed 8-23-1984)
There is hereby imposed upon each customer served by the sewer system a monthly user charge for the use thereof as follows.
(A) Sewer rates.
(1) A charge for waste based on a monthly charge per 1,000 gallons of wastewater discharged into the sewer system applicable to all customers; and
(2) This user charge shall be based on the following.
(a) Charge levied on the town by the City of Boynton Beach for transmission and treatment of all of the town’s sewage; and
(b) Charges incurred by the town in:
1. Operation and maintenance;
2. Capital cost; and
3. Other as applicable.
(B) Sewer surcharge. A surcharge for waste in excess of the parameters for strength as established in the § 52.31(B), which may be assessed to all applicable customers. It is deemed that in the majority of instances, such high-strength waste would affect only the regional treatment facility. As such, all surcharge funds received by individual collection systems shall be made payable to the town on a monthly basis.
(Ord. 1-84, passed 8-23-1984)
There is hereby imposed upon the owners and upon the users of each industrially classified property served by the sewer system an annual industrial cost recovery assessment for the use thereof, subject to the following rules, regulations and limitations.
(A) Industrial cost recovery will be administered in accordance with the Federal Water Pollution Control Act Amendments of 1972 and in accord with the environmental protection agency guidelines.
(B) Industrial users shall be as defined under the Standard Industrial Classification Manual, Divisions A, B, D, E and I.
(C) Users that introduce primarily domestic wastes or wastes from sanitary conveniences are not required to pay an industrial cost recovery assessment.
(D) Industrially classified users which discharge less than 25,000 gpd of industrial process flows shall be exempt from industrial cost recovery.
(E) Industrially classified users shall pay an assessment equal to the amount of the federal grant allocable to the treatment of industrial waste flow according to the formula as established herein.
(F) As a minimum, an industrially classified user’s assessment shall be based on sewage flow as a percentage of treatment work capacity.
(G) If there is a substantial change in the volume introduced into the treatment works by an industrially classified user, such user’s assessment shall be adjusted accordingly.
(H) If there is an expansion of the treatment works capacity, each existing industrially classified user’s assessment shall be adjusted as required to maintain proportionality.
(I) A “significant” industrially classified user is one who will contribute greater than 10% of the treatment works capacity. A letter of agreement must be executed between the grantee and the significant user.
(J) An industrially classified user’s assessment shall include any firm commitment to the grantee of increased use by such user.
(K) An industrially classified user’s assessment shall not include any portion of the federal grant amount allocable to unused or unreserved capacity.
(L) An industrially classified user’s share shall not include an interest component.
(M) Assessment will begin at the commencement of operation of treatment works during which the federal grant amount is applied. Each industrially classified user will pay its share of the applicable federal grant amount divided by the recovery period of 30 years, or the service life of the treatment works, whichever is less.
(N) Industrial cost recovery payments by a new industry shall begin on the date use in initiated and shall continue for the unexpired portion of the industrial cost recovery period or until the industry ceases use of the facility, whichever occurs first. Discontinuance of use of treatment works by an industrial user (including termination of any agreement for reserve capacity) will nullify the requirement of an industrial cost recovery payment from that user. There is no requirement for other industries presently using the treatment works to assume that portion of industrial cost recovery which is unrecovered due to the departure of an industrial user.
(O) Sewer users shall have the right to appear before the appropriate governmental entity to appeal user charge and industrial cost recovery charges. If the grievance is not satisfied, the matter may be turned over to a “Hearing Board” for arbitration. The Hearing Board shall be the final arbitrator for grievances regarding user charge and industrial cost recovery systems interpretation and execution. The cost of the arbitration by the Hearing Board shall be borne by the sewer system which provides wastewater collection service to the sewer user. One member of the Board shall be a registered professional engineer; one member shall be a practicing sanitary engineer; one member shall be a member of industry or manufacturing enterprise; one member shall be a lawyer; and one member shall be selected at large for his or her interest in accomplishing the objectives of the user charge and industrial cost recovery systems.
(P) Not later than 30 days after the industrial cost recovery period begins, the Board will establish the accounting period for the industrial cost recovery system and will notify the regional administrator in writing, of the date of this implementation of the industrial cost recovery system. The first payment to the Board by the industrial users shall be made not later than one year after the beginning of the industrial cost recovery period.
(Q) The Board shall retain 50% of the amounts recovered from industrially classified users. The remainder, together with any interest earned thereon, shall be returned to the U.S. Treasury on an annual basis. A minimum of 80% of the retained amounts, together with the interest earned thereon, shall be used solely for the allowable costs of the expansion or reconstruction of treatment works associated with the project and as necessary to meet the requirements of the act. The Board shall obtain the written approval of the regional administrator of EPA prior to commitment of the retained amounts for any expansion and reconstruction. The remainder of the retained amounts may be used as the Board desires. Pending use, the Board shall invest the retained amounts for reconstruction and expansion in: obligations of the U.S. government; or obligations guaranteed as to principal and interest by the U.S. government or any agency thereof; or shall deposit such amounts in accounts fully collateralized by obligations fully guaranteed as to principal and interest by the U.S. government, or any agency thereof.
(R) Illustration of cost computation.
METHOD OF CALCULATION FOR ANNUAL
INDUSTRIAL COST RECOVERY ASSESSMENT
1. Federal grant
Design capacity = Cost per gallon
2. Cost per gallon x waste load
service life = Annual assessment
Where Federal grant represents the eligible federal share of the project costs.
Where Design capacity represents the treatment capacity of the wastewater plant in gallons per day as established.
Where Cost per gallon represents the cost per gallon as applied to the federal grant.
Where Waste load represents the wastewater load applicable to the individual industrially classified user as complied on a daily basis (excluding the quantity of domestic waste calculated for employee use).
EXAMPLE OF ASSESSMENT CALCULATIONS
FOR INDUSTRIAL COST RECOVERY
Given: 1. Ajax Mfg. Co. - 25,000* gallons (daily industrial process waste load which excludes the quantity of domestic waste calculated for employee use).
2. Total average daily design flow of the grant eligible items - 1,200,000 gallons.
3. Federal grant amount - $1,000,000.
4. Assumed life of the project - 30 years.
1,000,000
1,200,000 gallons = $0.83 cost per gallon
$0.83 x 25,000 = $20,750 total assessment.
$20,750
30-year service life = $692 annual assessment
*This calculation assumes no changes in waste load over the 30-year usable life of the project.
(Ord. 1-84, passed 8-23-1984)
(A) Any person found to be violating any provision of this subchapter shall be served by the appropriate governmental entity with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(B) Any person who shall continue any violation beyond the time limit provided for in this section shall be guilty of a misdemeanor, and on conviction thereof shall be punished as hereinafter provided for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(C) Any person violating any of the provisions of this chapter shall become liable to the appropriate governmental entity for any expense, loss or damage occasioned the entity or the regional wastewater facilities by reason of such violation.
(Ord. 1-84, passed 8-23-1984)
Any person violating any of the provisions of this chapter, upon conviction thereof, may be fined in a sum not to exceed $100, or may be imprisoned for a period not to exceed 30 days, or may be both so fined and imprisoned within the discretion of the court. Any act which is a violation of this chapter and which by its nature may be continuous, shall be deemed a separate violation for each day such violation continues.
(Ord. 1-84, passed 8-23-1984)