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§ 53.30  INDUSTRIAL USERS SUBJECT TO INDUSTRIAL COST RECOVERY CHARGE; BASIS.
   Each industrial user that discharges to the system will be subject to an industrial cost recovery charge equal to each industrial user’s allocable share of the federal construction grant received after 3-1-1973, based on pollutant loading, volume, and delivery flow rate.
(1995 Code, § 58-531)  (Ord. 60, passed 4-2-1979)
§ 53.31  INDUSTRIAL USER DEFINED.
   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   INDUSTRIAL USER.  As defined in Chapters 51 through 53.
(1995 Code, § 58-532)  (Ord. 60, passed 4-2-1979)
§ 53.32  NONINDUSTRIAL USERS NOT SUBJECT TO SUBCHAPTER.
   A nonindustrial user is any user of the system that is not an industrial user.  Nonindustrial users are not subject to the industrial cost recovery system charges.
(1995 Code, § 58-533)  (Ord. 60, passed 4-2-1979)
§ 53.33  INDUSTRIAL COST RECOVERY PERIOD.
   The industrial cost recovery period is the time period that is provided to allow industrial users to pay their total industrial cost recovery charge.  The period of time shall be equal to 30 years or the useful life of the system, whichever is less, as determined by the Authority.
(1995 Code, § 58-534)  (Ord. 60, passed 4-2-1979)
§ 53.34  CALCULATION OF CHARGES; DETERMINATION OF SHARE; ANNUAL PAYMENT.
   (A)   The industrial cost recovery charge for each industrial user shall be a portion of the federal construction grant amount equal in proportion to the industrial share of the total capacity of the system in terms of strength, volume, and delivery flow rate.  Specifically, the industrial share of the total capacity shall be determined by one of the three following relationships, whichever produces the largest value:
      (1)   Industrial volume contribution per unit of time - plant design volume per unit of time;
      (2)   Industrial BOD contribution per unit of time - plant BOD design capacity per unit of time; and
      (3)   Industrial suspended solids contribution per unit of time - plant suspended solids design capacity per unit of time.
   (B)   Industrial cost recovery charges shall be calculated and paid annually in an amount equal to the total industrial cost recovery charge for any industrial user divided by the number of years in the cost recovery period.
(1995 Code, § 58-535)  (Ord. 60, passed 4-2-1979)
§ 53.35  RECOVERY ACCOUNT; DISPOSITION OF FUNDS.
   (A)   Costs recovered from industrial users shall be deposited by the authority in a separate account identified as the City of Douglas Industrial Cost Recovery Account.
   (B)   Funds shall be distributed from the industrial cost recovery account in accordance with U.S. Environmental Protection Agency rules and in the following manner.
      (1)   The city shall retain 50% of the total recovered amount.  The remainder, together with any interest earned thereon, shall be returned to the U.S. treasury on an annual basis.
      (2)   Eighty percent of the retained amount, together with interest earned thereon, shall be used solely for the eligible costs of expansion or reconstruction of the treatment works.  The remainder of the retained amount may be used as the city sees fit.
      (3)   Pending use, the city shall invest the retained amounts for expansion and reconstruction in:
         (a)   Obligations of the U.S. government;
         (b)   Obligations guaranteed as to principal and interest by the U.S. government or any agency thereof; or
         (c)   Shall deposit the amounts in accounts fully collateralized by obligations of the U.S. government or by obligations fully guaranteed as to principal and interest by the U.S. government or any agency thereof.
(1995 Code, § 58-536)  (Ord. 60, passed 4-2-1979)
§ 53.36  ADJUSTMENT OF CHARGES; BASIS.
   The city shall have the right to adjust the industrial cost recovery charges to any industrial user that makes a significant change in the volume, strength, or delivery flow rate.  Industrial users will only be required to pay for those years of the cost recovery period that they use the system and only at an annual rate in proportion to the length of the entire recovery period.
(1995 Code, § 58-537)  (Ord. 60, passed 4-2-1979)
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