(A) The Sanitation District No. 1 shall conduct one wastewater treatment system (WTS) surcharge sample per location per calendar year, without cost to the person, industry, or company. This sample shall be obtained any time during the calendar year and shall serve as the basis for future WTS surcharges. If a person, industry, or company requests, in writing, another WTS sample before the normally scheduled yearly sample by the Sanitation District No. 1, the full cost of the sample (including labor, equipment, and analytical costs), shall be payable by the requesting party. After the sample is completed, the new results, higher or lower than the previous sample, shall become the basis for the WTS surcharge.
(B) If a person disagrees with the analysis on which the WTS surcharge is based, he may request, in writing, an additional sampling and analysis which shall be conducted in a manner acceptable to the General Manager of the Sanitation District No. 1. The cost of such additional sampling and analysis shall be borne in full be the requestor.
(C) In the event an analysis of the wastes is not furnished to the Sanitation District No. 1 when requested, the WTS surcharge shall be based on a chemical analysis of a similar process or other data acceptable to the Sanitation District No. 1 and shall continue in effect until such time as an analysis of the wastes is submitted by the company and confirmed by the Sanitation District No. 1.
(D) If the findings, order, or decision of the General Manager of the Sanitation District No. 1 made pursuant to the provisions of this chapter are not acceptable to any industry, the industry shall have the right to appeal as follows:
(1) Two professional engineers shall be chosen, one by the industry, and the other by the Sanitation District No. 1, neither of whom shall be a regular employee of either principal. Such persons shall act as referees. As soon as the referees are chosen, the General Manager of the Sanitation District No. 1 shall file with them a certified copy of the complaint and the decision of the General Manager of the Sanitation District No. 1, and it shall be the duty of the referees to investigate the complaint and to agree either to affirm or reject the findings of the General Manager of the Sanitation District No. 1 and file a report with the Sanitation District No. 1 within a reasonable time, setting down their decision. If the referees so chosen are unable to agree, they shall choose a third professional engineer, and the decision or recommendation of the majority shall be reported to the Sanitation District No. 1. The decision or ruling shall be final and shall be reported to the industry and to the General Manager of the Sanitation District No. 1.
(2) The fees and expenses of the referee appointed by the industry shall be paid by the industry and the fees and expenses of the referee appointed by the Sanitation District No. 1 shall be paid by the Sanitation District No. 1. The fees and expenses of the third referee shall be equally divided between the industry and the Sanitation District No. 1.
(Ord. O-6-84, passed 2-28-84)