§ 51.09 SURCHARGE.
   (A)   Any significant user generating discharge which exhibits none of the characteristics of wastes prohibited herein, but which has an average concentration of total suspended solids (TSS), or carbonaceous biochemical oxygen demand five (CBOD5) in excess of 150 mg/l during a 24-hour period, may be required to obtain a discharge permit. Such discharge may, however, be accepted by the POTW for treatment if:
      (1)   The user agrees to payment of a surcharge over, and above, published sewer rates, as provided herein; and
      (2)   The discharge is amendable to treatment such that when it leaves the sewage treatment plant to be discharged, the discharge does not exceed, or cause the total discharge to exceed, the standards set by federal, and state, agencies having jurisdiction.
   (B)   Prior to imposition of a surcharge, the user shall be notified, in writing, that the discharge exceeds the maximum limits, as established in this subchapter.
   (C)   If, after 60 days have elapsed from the date of notice, the quality of the waste has not been brought within the maximum allowable limits, the user must enter into a surcharge agreement with the city.
   (D)   The surcharge will be adjusted on billings for the month following submission of new data, but not less frequently than quarterly.
   (E)   Carbonaceous biochemical oxygen demand five (CBOD5) and total suspended solids (TSS) values will be determined for standard values established by the Control Authority for various industries having normal pretreatment facilities for that industry. The Control Authority shall sample the discharge from a user to determine accurate values of CBOD5 and TSS being discharged for the purpose of determining a surcharge. Analysis performed by a user shall be under the direction of the Control Authority, and performed by an approved qualified laboratory. Reports submitted to the Control Authority shall contain a statement that the samples collected, and values determined, are based on a 24-hour composite representative of the user’s flow.
   (F)   All sampling, and analyses, of the waste characteristics shall be performed in accordance with 40 C.F.R. part 136; approved methods, and all such costs, shall be borne by the user.
   (G)   The volume of flow used in computing surcharge shall be based upon metered water consumption, as shown in the records of meter readings maintained by the city’s business office. In the event that a person discharging waste into the city sewerage system produces evidence to the Control Authority demonstrating that a portion of the total amount of water used for all purposes is not discharged into the POTW, a separate meter, or meters, or other approved flow measuring device, may be installed at the user’s expense, upon his or her request, to measure only that portion of the total flow being discharged into the city sewerage system. If a surcharge is assessed by the city, it shall be shown separately on the monthly billing.
   (H)   (1)   Any person discharging industrial waste into the sanitary sewers of the city who procures any part of all of the user’s water supply from sources other than the city, all, or part, of which is discharged into the sanitary sewer, shall install, and maintain, at the user’s expense, water meters of the type approved by the city for the purpose of determining the proper volume of flow to be used in computing sewer service charges.
      (2)   Such meter will be read monthly, and tested for accuracy when deemed necessary by the city. Where it can be shown that a portion of the water measured by the aforesaid meter, or meters, does not enter the sanitary sewer system of the city, then the user may install additional approved meters at the user’s expense in such a manner as to measure the quantity of water actually entering the sanitary sewer system from the property of such user, and the quantity of wastewater used to determine the sewer service charge, and surcharge, shall be the quantity of wastewater actually entering the sewage system, as so determined.
   (I)   Computation of surcharge shall be based on the following: S=V * 8.34*[X (CBOD5 - 150) + Y (TSS - 150)], where:
         (1)   “S” is the surcharge in dollars for the billing period;
         (2)   “V” is the water consumption in millions of gallons during the billing period;
         (3)   “8.34" is the weight of water in pounds per gallon;
         (4)   “X” is the unit charge in dollars per pound for CBOD5 in effect at the time of the billing;
         (5)   “Y” is the unit charge in dollars per pound for TSS in effect at the time of the billing;
         (6)   “CBOD5" is the concentration of carbonaceous biochemical oxygen demand five in milligrams per liter; and
         (7)   “TSS” is the concentration of total suspended solids in milligrams per liter.
   (J)   (1)   The Control Authority reserves the right to review, and approve, any water, or industrial waste, entering the city’s sewerage system, or proposed to be discharged into the system, having an average daily flow greater than 5% of the design flow capacity of the plant which will treat the waste.
      (2)   In the event the city’s measurement discloses such flow in excess of such capacity, the city shall be under no obligation to receive such flow in excess of 5% of designed capacity, and the city’s published rate shall not apply to such excess. A user affected hereby shall be promptly notified of such determination by the Control Authority. A special contract, at the city’s option, may be made with the user to accommodate such excess flow.
(Prior Code, § 10.04.10) (Ord. 2007-17, passed - -)