(A) Project C-262640 is defined as a separate and distinct construction project for the construction of the treatment works, which was sponsored by the U.S. Environmental Protection Agency under the provisions of Public Law 92-500 and granted through the city. This project does not include past or future construction, equipment or other services not included under the specific project number and the approved plans, specifications and approved change orders for the project.
(B) In order to comply with the special grant conditions under P.L. 92-500, which requires the grantee to recover from industrial users of the waste treatment facilities that portion of the grant amount allocable to the treatment of industrial wastes, the local agency will collect all required industrial cost revenue charges and remit in accordance with federal requirements of the U.S. Environmental Protection Agency as prescribed below:
(1) In addition to definitions given in § 51.002, the meaning of terms used in this section shall be as follows:
FEDERAL GRANT AMOUNT FOR THE INDUSTRIAL RECOVERY CHARGES. Only that portion of the total project costs of Project No. C-262640 for wastewater treatment which were funded by the U.S. Environmental Protection Agency.
NONINDUSTRIAL USER. Any governmental or residential user, including commercial, institutional and other industrial users where it has been determined that the wastes contributed by these users are primarily segregated domestic wastes or wastes from sanitary conveniences.
NORMAL DOMESTIC WASTES. The wastewaters from segregated domestic and/or sanitary conveniences as distinct from wastes from industrial processes and such domestic wastes to not exceed a BOD strength of 250 milligrams per liter or a suspended solids strength in excess of 300 milligrams per liter.
RECOVERED AMOUNTS. The annual payments from industrial users for their share of the federal grant amount allocable to the treatment of industrial waste, by the recovery period. The first payment by an industrial user shall be made not later than one year after such user begins use of the treatment works.
RECOVERY PERIOD. The industrial cost recovery period, which is hereby defined as a period of 30 years.
RETAINED AMOUNTS. That portion of the recovered amounts retained by the local agency. The retained amounts will be equal to 50% of the recovered amounts, together with interest earned thereon. Retained amounts shall be under the jurisdiction of the City Administrator.
(2) Recovered amounts shall be collected each year during the industrial cost recovery period from each industrial user as defined in § 51.002 and division (B)(1) above.
(3) An industrial user's share shall be based on all factors which significantly influence the cost of the treatment works. Factors such as strength, volume, and delivery flow rate characteristics shall be considered and included to insure a proportional distribution of the grant assistance allocable to industrial use to all industrial users of the treatment works.
(4) If there is a substantial change in the strength, volume or delivery flow rate characteristics introduced into the treatment works by an industrial user, such user's share shall be adjusted accordingly.
(5) If there is an expansion or upgrading of the treatment works, each existing industrial user's share shall be adjusted accordingly.
(6) The industrial user's share shall include only that portion of the grant assistance allocable to its use or to capacity firmly committed for its use.
(7) The industrial user's share shall not include an interest component.
(8) Retained amounts shall be monies held from recovered amounts. The local agency shall retain 50% of the amounts recovered from industrial users. The remaining 50% of recovered amounts, together with any interest earned thereon, shall be returned to the U.S. Treasury on an annual basis.
(9) A minimum of 80% of the amounts retained by the local agency, together with interest earned thereon, shall be used solely for the eligible costs of the expansion or reconstruction of treatment works associated with the project. The local agency shall obtain the written approval of the Regional Administrator of the U.S. Environmental Protection Agency prior to commitment of any funds obtained from the USEPA. Upon obtaining such approval, all or part of the retained amounts may be used as the local agency sees fit.
(10) Pending use, the local agency shall invest the retained amounts for reconstruction and expansion in the following:
(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 such 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.
(11) All process wastewater from industrial facilities are subject to an industrial cost recovery charge. The I.C.R. charge is to be collected with sewer service billings.
(12) In addition, for BOD greater than 250 milligrams per liter or suspended solids greater than 300 milligrams per liter, an additional industrial cost recovery surcharge will be levied equal to the cost of treatment per pound of BOD in excess of 250 milligrams per liter and the cost of treatment per pound of suspended solids in excess of 300 milligrams per liter.
(C) The system shall be operated on the basis of an operating year commencing on July 1 and ending on the last day of June.
(Ord. 214, passed 6-5-95)