§ 51.105 PRETREATMENT CHARGES AND FEES; SURCHARGES.
   (A)   The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city's pretreatment program, which may include:
      (1)   Fees for wastewater discharge permit applications including the cost of processing the applications;
      (2)   Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
      (3)   Fees for reviewing and responding to accidental discharge procedures and construction;
      (4)   Fees for filing appeals;
      (5)   Recovery of administrative and legal costs associated with enforcement activity taken by the Director to address industrial user noncompliance.
      (6)   Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the city;
      (7)   Fees for treating abnormal strength wastes; and
      (8)   Fees incurred from an upset, bypass, or unauthorized discharge.
   (B)   Surcharge. The city may surcharge industrial users for the treatment of abnormal strength wastes. Water or wastes having (1) a five-day biochemical oxygen demand greater than 250 parts per million (ppm) by weight, or (2) containing more than 250 parts per million by weight of total suspended solids, shall be subject to the review and approval of the Director. Where the Director has approved the admission of (1) and/or (2) above into the POTW, that discharge may be subject to a surcharge as determined by the Director. In no case shall a discharge be accepted that will prevent the POTW from meeting its NPDES or TPDES limits.
      (1)   The surcharge will be assessed according to the following formula each month using the most current pollutant concentration data and the current month's wastewater flow:
         Surcharge = [Q/1,000,000]* [a(BOD - x) + b(TSS - y)] [8.34]
         Where:
         Q = flow in gallons
         8.34 = weight in pounds of one gallon of water
         x = normal limits of BOD in domestic wastewater expressed in milligrams per liter
         y = normal limits of TSS in domestic wastewater expressed in milligrams per liter
         a = unit cost of treatment per pound of BOD
         b = unit cost of treatment per pound of TSS
      (2)   A surcharge is an additional charge by the POTW for the increased cost of handling discharge of unusual strength and character and shall not serve as a variance to the requirements of this chapter. Exercise of this provision shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 317, passed 10-16-1995; Am. Ord. O-21-932, passed 3-1-2021)