§ 51.085 SURCHARGE COSTS.
   (A)   Adoption of reasonable charges and fees. The city may adopt reasonable charges and fees for surcharges.
   (B)   Agreement to pay industrial waste charge and added costs.
      (1)   If the volume or character of the waste to be treated by the city does not cause overloading of the sewage collection system, treatment or disposal facilities of the POTW, then prior to approval, the city and the person making the discharge shall enter into an agreement which provides that the discharger pay an industrial waste charge to be determined from the schedule of charges.
      (2)   If the volume or character of the waste to be treated by the city requires that wastewater collection, treatment, or other disposal facilities of the city be improved, expanded, or enlarged in order to treat the waste, then prior to approval, the city and the person making the discharge shall enter into an agreement which provides that the discharger pay in full all added costs the city may incur due to acceptance of the waste.
      (3)   The agreement entered into pursuant to division (B) of this section shall include but not limited to:
         (a)   Amortization of all capital outlay for collecting and treating the waste, including new capital outlay and the proportionate part of the value of the existing system used in handling and treating the waste; and
         (b)   Operation and maintenance costs, including salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, depreciation, overhead, and office expense.
      (4)   Amortization shall be completed in a maximum of a 15- year period and payment shall include all debt service costs.
   (C)   Adjustment of charges.
      (1)   The city shall adjust charges at least annually to reflect changes in the characteristics of wastewater based on the results of sampling and testing.
      (2)   Increases in charges shall be retroactive for two billing periods and shall continue for six billing periods unless subsequent tests determine that the charge should be further increased.
      (3)   The city shall review at least annually the basis for determining charges and shall adjust the unit treatment cost in the formula to reflect increases or decreases in wastewater treatment costs based on the previous year's experience.
      (4)   The city shall bill the discharger by the month. The discharger shall pay monthly in accordance with practices existing for payment of sewer charges.
   (D)   Failure to pay bill. In addition to sanctions provided for in this subchapter, the city is entitled to exercise sanctions provided for by the subchapter for failure to pay the bill for water, sanitary sewer and industrial waste service when due.
(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)