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Sec. 36-174. Fees.
   (a)   Purpose. It is the purpose of this division to provide for the recovery from users of the town's wastewater disposal system of costs of the POTW and for the implementation of the program provided for herein. The applicable charges or fees shall be set forth in the town's schedule of charges and fees.
   (b)   User charges. A user charge shall be levied on, and paid by, all users.
   (1)   The user charge shall reflect, at a minimum, the cost to the town of debt service, and operation and maintenance costs (including, but not limited to, replacement costs) of the POTW.
   (2)   Each user shall pay its proportionate share of cost based on the volume of the user's flow.
   (3)   The town manager shall review annually the sewage contributions of users, the total costs of debt service, and operation and maintenance costs of the POTW (including, but not limited to, replacement costs) and shall make recommendations to the town council for adjustments in the schedule of charges and fees as necessary.
   (c)   Surcharges. All industrial users of the POTW are subject to industrial waste surcharges on all discharges which exceed the following levels:
 
Parameter
Levels (mg/l )
CBOD
250
TSS
250
TN
40
Total Phosphorus
7
Ammonia nitrogen
25
 
The surcharge shall be based upon the mass emission rate (in pounds per day) discharged above the levels listed above. The amount charged per pound of excess shall be set forth in the schedule of charges and fees. The imposition or payment of the surcharge shall in no way be construed to constitute an authorization for the user to discharge in excess of the levels set forth above, nor shall it be construed to constitute a waiver of the town's right to strictly enforce the provisions of this division.
   (d)   Charge and surcharge determination. The volume of flow used in determining the total discharge of wastewater for payment of user charges and surcharges shall be based on the following:
   (1)   Metered water consumption as shown in the records of meter readings maintained by the town; or
   (2)   If required by the director, or if desired by the user with the consent of the director, other flow measuring devices ("alternate metering devices") which measure the actual volume of wastewater discharged to the sewer. Such "alternate metering devices" shall be accessible and safely located, and shall be installed in accordance with plans approved by the town. The alternate metering device shall be installed and maintained at the user's expense according to arrangements that may be made with the town. Certified calibration of the metering device shall be required at least every three months. More frequent calibrations may be required by the director.
   (3)   Where any user procures all or part of the user's water supply from sources other than the town, the user shall install and maintain at the user's own expense a flow measuring device of a type approved by the town.
   (e)   Surcharge sampling. The character and concentration of wastewater used in determining surcharges shall be determined by samples collected and analyzed by the town or by state-certified contract laboratory personnel performing permitted self-monitoring activities. Samples shall be collected in such a manner as to be representative of the actual discharge and shall be analyzed using procedures set forth in 40 CFR 136 by a state-certified laboratory.
   (f)   Determination binding. The determination by the director of the character and concentration the constituents of wastewater discharged shall be binding on the user as a basis for all charges and surcharges.
   (g)   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 slug load discharge procedures and construction plans and specifications;
   (4)   Permitting; and
   (5)   Other fees as the town may deem necessary to carry out the requirements of the pretreatment program.
The schedule of charges and fees will be set forth in the town's annual budget ordinance.
(Code 1982, § 19-92; Ord. No. 94-036, 12-8-1994; Ord. No. 02-011, 4-11-2002; Ord. No. 05-005, 3-10-2005; Ord. No. 2007-20, 12-13-2007; Ord. No. 2011-Code-09, 12-15-2011)