All contributing industrial users of the sewerage system shall make industrial cost recovery payments for that portion of the cost of construction of the sewerage system which is allocable to the treatment of their industrial wastes in accordance with Section 204(b)(1)(B) of the Act.
Pertinent components of the said Section are that:
(A) Industrial cost recovery payments shall be in proportion to the amount of flow (Q), biochemical oxygen demand (BOD), suspended solids (SS) and any other characteristics of wastes, which contribute to the cost of construction, the industrial user is contributing to the sewerage system.
(B) Contributing industrial users discharging pretreated process wastes into the sewerage system shall pay industrial cost recovery based on the characteristics of the waste effluent from the pretreatment facilities.
(C) Elko County may permit contributing industrial users to reserve extra or additional capacity in the sewerage system for future use by the industry. Such capacity shall be reserved through formal, written agreement, and shall be subject to pertinent industrial cost recovery regulations. The industrial user shall be required to pay the full industrial cost recovery allocable to the capacity reserved. In the event that the Town of Jackpot has unused capacity in its sewerage system available for use, and the said industrial user is permitted by Elko County to exceed its agreed upon reserved capacity, the industry shall be required to pay industrial cost recovery calculated on the full reserved capacity plus the additional industrial cost recovery for the use above the limits of the original agreed upon reserve capacity or any element thereof.
(D) All contributing industrial users shall be required to pay any additional industrial cost recovery charges associated with the cost of future upgrading the treatment works as may be required of Elko County to comply with waste discharge requirements.
(E) Industrial cost recovery for expansion of the treatment works shall be required from those industries which have exceeded their reserved capacity and have been a contributing factor to the need for expansion. Industrial cost recovery payments will be required for that portion of the expanded capacity which is allocable to the industrial users discharge.
(F) Payments for industrial cost recovery shall begin within a month of the date of initiation of service by the industry of the treatment facility as was constructed with grant assistance funds, and shall continue for a base period of thirty (30) years. Contributing industrial users shall pay their share of industrial cost recovery, at no interest, in two hundred forty (240) equal monthly payments except that any increase as a result of using extra capacity beyond the original agreed upon amount will be in addition thereto.
(G) A contributing industry which connects to the treatment works at some time after such treatment works have been put into initial service shall begin industrial cost recovery payments on the date use is initiated, and shall continue for the unexpired portion of the initial base period of twenty (20) years for industrial cost recovery, or until the new industry ceases the use of the facility, whichever occurs first. The total industrial cost recovery payment from a "new" contributing industry shall be the federal cost of the capacity used multiplied by the ratio of its period of use to the industrial cost recovery base period of twenty (20) years.
(H) The amount of payment required from an industry for industrial cost recovery is to be determined by the following procedure:
1. The costs of the treatment facility shall be allocated in proportion to the benefit of the proposed facility to each wastewater characteristic as follows:
Q = 50% of Grant Amount
BOD = 30% of Grant Amount
SS = 20% of Grant Amount
The cost of any future expansion, upgrading or reconstruction of the waste treatment facility shall be allocated in proportion to the benefit of the said improvement to any wastewater characteristic so benefited at that time.
2. The total cost per unit of each characteristic shall be calculated as follows:
Q Unit Cost | = (Grant Amount) (Percent of Grant Amount Allocated to Q) (Total Design Flow of Facility in Gallons per Day) |
BOD Unit Cost | = (Grant Amount) (Percent of Grant Amount Allocated to BOD) (Total Design SS Capability of Facility in Pounds per Day) |
SS Unit Cost | = (Grant Amount) (Percent of Grant Amount Allocated to SS) (Total Design SS Capability of Facility in Pounds per Day) |
3. The cost to an industry for industrial cost recovery (ICR) is calculated as follows:
Total ICR Cost = (Industry's Final Reserved amount of Q) (Q Unit Cost)
+ (Industry's Final Reserved Amount of BOD (BOD Unit Cost)
+ (Industry's Final Reserved Amount of SS) (SS Unit Cost)
Annual ICR Cost | = Total ICR Cost 20 |
Monthly ICR Cost | = Total ICR Cost 240 |
For small contributing industrial concerns where it is impractical to develop a monitoring program to measure wasteload discharges, industrial cost recovery payments may be made on the basis of estimated flows alone, provided that the industry does not discharge an excessive strength waste that may disrupt the treatment process as determined by the City. The industrial cost recovery payments will be calculated on a similar basis as described herein, except that one hundred percent (100%) of the grant amount will be allocated to flow.
(I) All industrial cost recovery payments collected from industry and paid to the Sewer Fund shall be used in accordance with the EPA grant agreement as follows: Fifty percent (50%) shall be returned to the Environmental Protection Agency (EPA); forty percent (40%) together with all interest earned thereon shall be used solely for the cost of any future expansion, upgrading or reconstruction on the sewerage system eligible for EPA assistance; and ten percent (10%) shall be used as the City sees fit in the maintenance, operation and/or construction of sewerage facilities to serve any or all areas of the City; and
(J) Actions for non-payment will be in accordance with Section 7-549 and Section 7-550 as are hereinafter provided.