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(A) Introduction. This chapter sets forth requirements for direct and indirect contributors into the wastewater collection and treatment system for the village, and enables the village to comply with all applicable state and federal laws, as required by the Clean Water Act of 1977, being 33 U.S.C. §§ 1251 et seq., and the general pretreatment regulations (40 C.F.R. pts. 22 and 403), as amended.
(B) The objectives of this chapter are:
(1) To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;
(2) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system inadequately treated into receiving waters or the atmosphere or otherwise be incompatible with the system;
(3) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
(4) To provide for equitable distribution of the cost of the municipal wastewater system.
(1984 Code. § 7-01-03-010) (Ord. 146, passed 1-29-1985; Ord. 227, passed 1-26-1993)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT or THE ACT. The Federal Water Pollution Control Act, (Pub. Law No. 92-500), also known as the Clean Water Act,(Pub. Law No. 95-217), as amended, 33 U.S.C. §§ 1251 et seq.
APPROVAL AUTHORITY. The Director in an NPDES state with an approved state pretreatment program and the appropriate regional administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C expressed in milligrams per liter.
BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (one and one-half meters) outside the inner face of the building wall. A BUILDING DRAIN is a component of that instrumentality defined as a service lead in Public Act 109 of 2001, being M.C.L.A. § 691.1416.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal. A BUILDING SEWER is a component of that instrumentality defined as a service lead in Public Act 109 of 2001, being M.C.L.A. § 691.1416.
BYPASS. An intentional diversion of any waste stream from any portion of an industrial user’s treatment facility.
CATEGORIZED STANDARDS. The national categorical pretreatment standards/or pretreatment standard.
COMBINED SEWER. A sewer intended to serve as a sanitary sewer and a storm sewer, or as an industrial sewer and a storm sewer.
COMPATIBLE POLLUTANT. A substance amenable to treatment in the village wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus “additional pollutants” identified in the NPDES permit of the village wastewater treatment works.
COOLING WATER. The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
COUNCIL. The Village Council.
DELIVERY FLOW RATE CHARACTERISTICS. Information establishing rate of flow during daily or weekly intervals, or portions of the day in unit-time designation such as gallons per day and fluctuations.
DEPARTMENT. The Village Department of Public Works.
DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the state.
DIRECTOR. The Village Manager or his or her designee.
DISCHARGE. Spilling, leaking, seeping, pumping, pouring, emitting, emptying, dumping, or depositing.
DOMESTIC WASTES. Wastes normally emanating from residential living units and resulting from the day-to-day activities usually considered to be carried on in a domicile. Wastes emanating from other users which are to be considered DOMESTIC WASTE shall be of the same nature and strength and have the same flow rate characteristics.
GARBAGE. The wastes from the preparation, cooking, and dispensing of food and from handling, storage, and sale of produce.
GRAB SAMPLE. A sample which is taken from a waste stream on a one-time basis with no regarded to the flow in the waste stream and without consideration of time.
GROUNDWATER. The water beneath the surface of the ground, whether or not it flows through known or definite channels.
HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
IMPOUNDMENT. Any lake, reservoir, pond, or other containment of surface water occupying a bed or depression in the earth’s surface and having a discernible shoreline.
INCOMPATIBLE POLLUTANTS. All pollutants not defined as compatible.
INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under §§ 307(b), 307(d) of the Act or 308(c), being 33 U.S.C. 1317(b) and (d) or 33 U.S.C. § 1318(c), including holding-tank waste discharged into the system.
INDUSTRIAL COST RECOVERY. Recovery by the village from the industrial users of the sewer system of the federal grant amount allocable to the treatment of wastes from such users, pursuant to 40 C.F.R. § 35.928.
INDUSTRIAL COST RECOVERY PERIOD. Equal to 30 years from the date of completion of the facilities.
INDUSTRIAL USER. Any non-governmental, nonresidential user of the publicly-owned treatment works, which discharges more than the equivalent of 25,000 gallons per day of normal domestic sewage (excluding domestic wastes or discharges from sanitary conveniences) and which is identified under Division A, B, C, D, E, or I of the Standards Industrial Classification Manual, 1972, Office of Management and Budget. Also included in this definition is any non-governmental user of the publicly-owned treatment works which discharges wastewater to the treatment works which contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system or to injure or to interfere with any sewage treatment process or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.
INDUSTRIAL USER OR USER. A source of indirect discharge.
INDUSTRIAL WASTE. Any liquid, free-flowing waste, including cooling water, resulting from any industrial or manufacturing process or from the development, recovery, or processing of natural resources, with or without suspended solids.
INDUSTRIAL WASTE USER. See INDUSTRIAL USER.
INTERFERENCE. A discharge which, alone or in conjunction with a discharge or discharges from other sources, that:
(1) Prohibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal; and
(2) Therefore, is a cause of a violation of any requirement of the POTWs NPDES permit (including an increase in the magnitude or duration of the violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): § 405 of the Clean Water Act, being 33 U.S.C. § 1345, Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), being 42 U.S.C. §§ 6901 et seq., and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of SWDA) the Clean Air Act, the Toxic Substances Control Act, being 15 U.S.C. § 2601 et seq., and the Marine Protection, Research, and Sanctuary Act, being 16 U.S.C. §
LETTER OF INTENT. Notification from a significant industrial user to a municipality of that user’s intent to utilize a publicly-owned treatment facility for a given length of time.
MAJOR CONTRIBUTING INDUSTRY. An industry that:
(1) Has a flow of 50,000 gallons or more per average work day; and
(2) Has a flow greater than 5% of the flow carried by the municipal system receiving the waste.
MDNR (OR DNR). The State Department of Natural Resources.
NATIONAL PRETREATMENT STANDARD or PRETREATMENT STANDARD. Any regulation which contains pollutant discharge limits promulgated by the EPA in accordance with §§ 307(b) and (c) of the Act, being 33 U.S.C. § 1317(b) and (c), which applies to industrial users. These terms include the prohibitive discharge limits listed in this chapter.
NEW SOURCE.
(1) Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of any proposed pretreatment standards which would be applicable to such source, if such standards are thereafter promulgated provided that:
(a) The building, structure, facility, or installation is constructed at a site which no other source is located;
(b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same facility. In determining whether the production or process is substantially independent, factors such as, to what extent the new facility is integrated with the existing plant and the extent which the new facility is engaged in the same general type of activity as existing source(s), will be considered.
(2) Construction at a site in which an existing source is located results in a modification rather than a NEW SOURCE if the construction does not create a new building, structure, facility, or installation meeting the criteria of divisions (1)(b) and (1)(c) above but otherwise alters, replaces, or adds to existing process(es) or production equipment.
(3) Construction of a NEW SOURCE will be deemed to have commenced if the owner or operator has:
(a) Begun or caused to begin as a part of a continuous on-site construction program:
1. Any placement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of the new source facilities or equipment.
(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation so as to designate the commencement of construction.
NORMAL DOMESTIC SEWAGE. See definition of SEWAGE (WASTEWATER).
PASS-THROUGH. A discharge which exits the village’s wastewater treatment plant into waters of the United States in quantities or concentrations which, alone or in conjunction with the discharges from other sources, is a cause of a violation of any requirement of the village’s NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON. An individual, partnership, cooperative, association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. It does not include a governmental entity unless specifically provided.
PH. The logarithm of the reciprocal of the concentration of hydrogen ions.
POLLUTION. The placing of any noxious or deleterious may be potentially harmful or injurious to human health or welfare, animal or aquatic life, or property, or unreasonably interferes with the enjoyment of life or property, including outdoor recreation.
POTW. Any structure or facility owned and/or operated by the village which is utilized in the storage, treatment, recycling, and/or reclamation of municipal sewage or industrial waste of liquid nature. This includes sewers, pipes, and other conveyances that convey wastewater to the wastewater treatment plant.
PRETREATMENT. A reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharge or otherwise introducing such pollutants into the village’s POTW. Reduction or alteration may be obtained by physical, chemical, or biological processes. Appropriate PRETREATMENT technologies include control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the village’s POTW. In the event that wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or wastewater from another regulated process, effluent from the equalization facility must meet an adjusted PRETREATMENT limit calculated by the village.
PRIVATE SEWAGE DISPOSAL SYSTEM. A system for disposal of domestic sewage by means of a septic tank or mechanical treatment, designed for use apart from a public sewer.
PRODUCER. Any person who owns, operates, possesses, or controls an establishment or plant, whether or not a permittee.
PUBLIC SEWER. A sewer that is owned and maintained by the village and, where said sewer is so owned, said term shall be synonymous with sewage disposal system as that term is defined in Public Act 109 of 2001, being M.C.L.A. § 691.1416.
REGIONAL ADMINISTRATOR. One of the EPA regional administrators.
RESERVE CAPACITY. The unused portion of the village’s POTW capacity that has formally been set aside for use by a specific industry and is so identified by a formal binding agreement. Factors such as strength, volume, and delivery flow rate characteristics shall be considered and included when determining the RESERVE CAPACITY to ensure a proportional distribution of the cost recovery obligation.
SALT. Sodium chloride and calcium chloride or a combination thereof in solid or liquid form.
SANITARY SEWER. A sewer intended to carry only sanitary or sanitary and industrial waste/wastes from residences, commercial buildings, industrial plants, and institutions.
SERVICE LEAD. Has the same meaning as that term is defined in section Public Act 170 of 1964, being M.C.L.A. § 691.1416(i) and shall include the building drain and the building sewer as defined in this section.
SEWAGE DISPOSAL SYSTEM. The same meaning as that term is defined in Public Act 109 of 2001, being M.C.L.A., being § 691.1416.
SEWAGE (WASTEWATER). Any liquid- or water-carried waste from residences, business buildings, institutions, industrial, commercial, and governmental establishments, watercraft or floating facilities, or other places, together with such groundwater infiltration, surface waters, and stormwaters as may be present.
SEWER. A pipe or conduit for carrying sewage and devices or structures required for pumping, lifting, or collecting such sewage.
SEWERAGE SYSTEM (WATER POLLUTION CONTROL FACILITIES). Pipelines or conduits, pumping stations, and force mains and all other construction, devices, appurtenances, and facilities used for collecting or conducting waterborne sewage, industrial waste, or other wastes to a point of disposal or treatment and including the water pollution control plant, including all extensions and improvements thereto which may hereafter be acquired or constructed. A SEWERAGE SYSTEM, not including the building drain and the building sewer, as those terms are defined in this section, to the extent owned by the village, shall constitute a sewage disposal system as that term is defined in Public Act 109 of 2001, being M.C.L.A, being § 691.1416.
SHALL. The term SHALL mandatory; MAY is permissive.
SIGNIFICANT INDUSTRIAL USER.
(1) All industrial users subject to the categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. Ch. I, Subch. N; and
(2) Any other industrial user that either:
(a) Discharges an average of 25,000 gallons per day or more of processed wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blow down wastewater);
(b) Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(c) Is designated as such by the village on the basis that industrial user has a reasonable potential for adversely affecting the village’s POTW operation or for violating any pretreatment standard or requirement. Upon finding that an industrial user, designated as such for possessing the potential to adversely affect the POTW operation, has no reasonable potential for adversely affecting the POTW operations, the village may at any time, on its own initiative or in response to a petition received from an industrial user, may determine that the industrial user is not a significant industrial user.
SLUG. Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in rate of flow exceeds for any period of duration longer than 15 minutes more than five or more times the average rate for a 24-hour period during normal operation.
SLUG LOADINGS.
(1) Any relatively large release of pollutant that you might ordinarily release in smaller quantities, or
(2) A release of a chemical you aren’t permitted to discharge.
STANDARD METHODS. The most recent edition of Standard Methods of Examination of Water and Wastewater, published by the American Public Health Association, a copy of which is on file in the office of the Director.
STORM SEWER. Otherwise referred to as STORM DRAIN. A sewer intended to carry only stormwaters, surface runoff, street wash water, subsoil drainage, and non-contact cooling water.
STREAM. Any river, creek, slough, or natural watercourse in which water usually flows in a defined bed or channel. It is not essential that the flow be uniform or uninterrupted.
SUPERINTENDENT. The person designated by the village to supervise the operation of the publicly-owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative.
SURCHARGE. The additional charge, which a user discharging wastewater of strength in excess of the limits for normal domestic sewage set by the village for transmission and treatment, which the user of the sewerage system will be required to pay to meet the cost of treating the excessive strength wastewater.
SUSPENDED SOLIDS. Solids that either float on the surface of, or in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
TENANT. A person who leases property from an owner.
TEST METHODS (STANDARD METHODS). As specified in the latest edition of Methods for Chemical Analysis of Water and Waste, U.S. EPA; Standard Methods for the Examination of Water and Wastewater, APHA; and Annual Book of Standards, Part 23, Water Atmospheric Analysis, ASTM; Guidelines Establishing Text Procedures for Analysis of Pollutants, (October 13, 1973, Federal Register).
UPSET.
(1) An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user.
(2) An UPSET does not include noncompliance to the extent it is caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or carelessness or improper operation.
USER. Any person, establishment, or owner who discharges any domestic sewage or industrial waste into the sanitary sewer system of the village or any system connected thereto.
USER CHARGE. A charge levied on users of the sewage works for the cost of operation, maintenance, and replacement of such works.
VILLAGE. The Village of Holly, Michigan, a municipal corporation.
WASTEWATER. Any liquid- or water-carried waste from residences, business buildings, institutions, industrial, commercial, and governmental establishments, watercraft or floating facilities, or other places, together with such groundwater infiltration, surface waters, and stormwaters as may be present.
WATER POLLUTION CONTROL FACILITIES. See SEWERAGE SYSTEM.
WATER POLLUTION CONTROL PLANT or SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.
WATERCOURSE. A channel in which a flow of waste occurs, either continuously or intermittently.
(1984 Code. § 7-01-03-020) (Ord. 98, passed 9-30-1980; Ord. 146, passed 1-29-1985; Ord. 227, passed 1-26-1993; Ord. 352, passed 11-10-2002)
Abbreviations shall have the designated meanings:
BOD | Biochemical oxygen demand |
C.F.R. | Code of Federal Regulations |
COD | Chemical oxygen demand |
EPA | Environmental Protection Agency or EPA |
l | Liter |
mg | Milligrams |
mg/l | Milligrams per liter |
NPDES | National pollutant discharge elimination system |
POTW | Publicly-owned treatment works |
SIC | Standard industrial classification |
SWDA | Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq. |
U.S.C. | United States Code |
TSS | Total suspended soils |
(1984 Code. § 7-01-03-020) (Ord. 98, passed 9-30-1980; Ord. 146, passed 1-29-1985; Ord. 227, passed 1-26-1993; Ord. 352, passed 11-10-2002)
(A) Generally. Existing or future industrial users, as identified in the Standard Industrial Classification Manual, 1972, under Division A, B, D, E, or I, that contribute process wastes and cooling water to the sanitary sewer system of the village shall be charged a fee in proportion to the amount of the federal grant which is allocable to the treatment of wastes from those users. The fee to be assessed will be determined by flow and strength. As a minimum, an industry’s share shall be proportional to its flow in relation to treatment works flow capacity. In computing derivation of charges for cost recovery, the following strength and volume units are used as the basis of design.
Treatment | mg/l |
BOD | 250 |
Phosphorous | 15 |
Suspended solids | 300 |
Note: The industrial cost recovery amount shall be equal to the amount of U.S. EPA participation in project costs. An 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 | |
(B) Amortization. All industries annual payment shall be amortized over a 30-year cost recovery period and shall not include an interest component.
(C) Exemption to cost recovery. Industrial users shall be exempt in the cost recovery system if they are governmental users or discharge primarily segregated domestic wastes or other wastes in volumes less than 25,000 gallons per day or equivalent strengths thereof, the latter being calculated using the pollutant concentrations defined by the “normal domestic sewage” in § 52.02.
(D) Domestic waste. Domestic wastes attributable to the employees of the industrial facility (the maximum amount shall be 15 gallons per employee per work shift) shall be exempt from the cost recovery system. Where the industrial facility feels its employee domestic waste exceeds the 15-gallon exemption, such substantiation shall be submitted to the Director, who shall review and make a determination as to the amount of exemption. Such exemption shall be reviewed by the village on an annual basis, with new substantiation of the allowed exemption being submitted to the village upon request of the Director. The industrial user shall furnish, on a periodic basis as established by the Director, a certified report indicating the number of man days worked for that period. One man day shall be equal to one employee working one normal work shift. This certified report shall be used as the basis for establishing the exemption of domestic waste attributable to employees of said industry.
(E) Monitoring categories. In order to determine the degree to which users must be monitored, “major” and “minor” user categories will be established. Classification of industry into such categories will be at the option of the village, but industry may petition for reclassification based on sound engineering study and/or certified independent laboratory analysis. Major users will be monitored on a regular basis. Minor users will be monitored only to the extent that such monitoring is reasonable insofar as it is administratively effective to do so.
(F) Length of cost recovery period. The initiation of the cost recovery period will be no later than 30 days after final acceptance of the plant expansion project by the U.S. EPA.
(G) Annual submittal to the EPA by village of cost recovery information. The village will, at annual intervals beginning one year after the start of the industrial cost recovery period, submit the following to the regional administrator:
(1) Information listing ICR amounts charged and collected from industries during the preceding annual accounting period;
(2) Amount of payments being submitted to the federal government for the period;
(3) Investments made and amount of interest earned during the preceding annual accounting period;
(4) Fiscal status, including accrued interest earned on 80% of all ICR amounts retained by the grantee since initiation of the ICR period;
(5) Certification by grantee that information submitted is complete and correct and that grantee has complied with all provisions of the approved ICR system; and
(6) A check for the annual payment to the U.S. EPA.
(H) Approval of revisions of ICR system by EPA. Significant revisions of the approved ICR system must be submitted to and approved by the regional administrator prior to implementation.
(I) Permit adjustment for change in strength. An industrial user’s payment will be adjusted to reflect significant changes in strength or volume so that the user pays its allocable share.
(J) Record retention. To accomplish compliance with the Act, the following records will be maintained:
(1) Documentation of the final grant amount;
(2) The originally approved industrial cost recovery system and all materials and correspondence related thereto;
(3) Any and all subsequently approved revisions to the industrial cost recovery system and all materials and correspondence related thereto;
(4) The grantees notification of initiation of operation of the industrial cost recovery system;
(5) All annual submissions from the grantee;
(6) All material relating to approval(s) of the use of retained funds; and
(7) The record of the grantee’s annual payments to the EPA.
(K) (1) In order to determine the strength and volume of user’s wastes, the village may require monitoring, control manholes, control manhole locations, and right of inspection. It shall be the obligation of the user to conduct a test on measuring equipment at least once every 12 months or when required by the village to determine the accuracy, and the results thereof shall be furnished in writing to the Director. It shall also be the user’s responsibility to notify the Department within a reasonable time in advance so that the Department may, if it chooses, have a witness present during such test.
(2) If, upon any such test, the percentage of accuracy is found to be within the accuracy tolerance as established by the manufacturer’s specifications, such measuring equipment shall be determined to have correctly measured the quantity delivered to the sewer system. If, however, the percentage of accuracy tolerance is found to be outside the accuracy tolerance as established by the manufacturer’s specifications, then such measuring equipment shall be immediately adjusted to register correctly the quantity delivered to the sewer system.
(3) The billings to such user shall be adjusted for a period extending back to the time when the inaccuracy began, if such time is ascertainable, or for a period extending back one-half of the time elapsed since the date of the last test or the date of the last adjustment, if the time is unascertainable.
(L) If, in the opinion of the Director, it is impractical or infeasible for the producer to install a meter or meters to measure the industrial waste being discharged into the sanitary sewer, the Director may require that the village perform an engineering study to determine the percentage of water being discharged to the sanitary sewer system. Such engineering study, when approved by the Director, shall constitute the basis upon which the ICR established by this chapter shall be computed, and the costs of such a study shall be borne by the user.
(M) Where it is not administratively feasible to meter the quantity of sewage delivered to the village sewers, the volume will be construed as being the same as the water delivered to the user by the village water system unless otherwise provided.
(N) Determination of the average concentration or strength of the waste delivered shall be the obligation of the user. Analysis shall be made on representative samples collected by the user or his or her agent and at such intervals as the village may designate, but not less than annually. Cost of all testing shall be at the user’s expense. The village may conduct multiple discharge analysis or require multiple discharge analysis from an independent testing laboratory. Sampling will be conducted according to accepted methods. Composite or grab sampling, depending on the user’s process, may be used.
(O) (1) The user’s annual cost will be determined by volume and strength. Specific values for volume, BOD, SS, and phosphorous will be derived by dividing the federal grant cost component attributable to each of the basic design parameters so that a cost is derived per 100 cubic feet of volume and per pound for suspended solids, BOD, and phosphorous.
(2) The village, by ordinance, shall establish unit charges to be used in computing the industrial cost recovery share after obtaining the recommendation of the village engineers.
(3) Revenues collected for industrial cost recovery under this chapter shall be deposited in one of the following accounts:
(a) Industrial Cost Recovery Fund: federal;
(b) Industrial Cost Recovery Fund: local; and
(c) Receiving Fund: Water and Sewer Fund.
(4) Revenues shall be deposited to the aforementioned accounts in the following manner:
(a) Fifty percent of all revenue collected shall be deposited in the Federal Industrial Cost Recovery Fund;
(b) Eighty percent of the remaining revenues shall be deposited in the Local Industrial Cost Recovery Fund; and
(c) All remaining revenues shall be deposited in the Water and Sewer Receiving Fund.
(5) Revenues collected under this chapter shall be restricted and may be transferred and disbursed only as provided hereinafter in this chapter.
(6) Once a year, on an annual basis, the month of which will be agreed upon between the Director and the EPA, all amounts deposited to the federal industrial cost recovery fund, plus all interest earned thereon shall be returned to the U.S. Treasury in a manner as may be prescribed by the U.S. Treasurer or his or her designee.
(7) Amounts deposited in the local industrial cost recovery fund, plus all interest earned thereon, may not be transferred or otherwise expended from this fund for any purpose whatsoever, except by resolution of the Village Council with written approval of the regional administrator of the U.S. EPA and then only for the purpose of the expansion and/or reconstruction of water pollution control facilities.
(8) (a) Amounts deposited to the receiving fund may be transferred or otherwise expended to meet any obligation of the sewer fund, provided, however, these funds may not be used to reduce sewer user charges or industrial cost recovery amounts for any person or firm.
(b) Pending use as provided elsewhere in any applicable rule or regulation, all amounts deposited to local industrial cost recovery fund for reconstruction and/or expansion shall be invested in:
1. Obligations of the U.S. government; or
2. Obligations of any agency thereof:
3. Shall deposit such amounts in accounts fully collateralized by obligations of the U.S. government or by obligations full guaranteed as to principal and interest by the U.S. government or any agency thereof.
(P) Billing of ICR charges. Charges for ICR shall be billed and collected on an annual basis. Bills shall be rendered at least 25 days prior to the due date. The initial bill to be rendered shall be not later than one year and 30 days after final acceptance of the property by the U.S. EPA. All subsequent bills shall be rendered on an annual basis within the aforementioned 30-day period.
(Q) Penalty for late payment. If ICR charges are not paid on or before the due date, there shall be assessed a late charge of 5%. If ICR charges are not paid within 30 days after the due date thereof, the water services to such premises may be discontinued; and if such water is obtained from a source or sources of supply other than the village’s water supply system, the discharge thereof into the village’s sewage disposal system shall be illegal and the owner of said property subject to fine or imprisonment, as is herein provided for violation of any applicable rule or regulation.
(R) Creation of lien for nonpayment of ICR charges. Charges for ICR to any premises shall be a lien thereon, and during April of each year the person or agency charged with the management of said system shall certify that such charge which as of April 1 of that year has been delinquent six months or more to the Village Assessor who shall enter the same upon the village tax roll of that year against the premises to which such service has been rendered, and such charges shall be collected and said lien shall be enforced in the same manner as provided in respect to taxes assessed upon such roll; provided that when a tenant is responsible for payment of any such charge against and premises located within the boundary of the village and the Village Council is so notified in writing, with a true copy of the lease of the affected property (if there be one) attached, then so such charge shall become a lien against such premises from and after the date of such notice; however, in the event of the filing of such notice, no further service shall be rendered by the system to such premises until a cash deposit not to exceed three times the average annual charge to such premises shall have been made as security for the payment of charges thereto.
(S) Requirement of deposit to ensure payment of ICR charges by users located out of village limits. In the case of premises located outside the corporate limits of the village, which premises are subject to the village industrial cost recovery system, the owners of such premises shall at all times be liable for such charges and shall make such deposit to ensure payment of charges as the Village Clerk-Treasurer shall require.
(1984 Code. § 7-01-03-130) (Ord. 98, passed 9-30-1980; Ord. 227, passed 1-26-1993)
(A) Powers of the police. No person shall maliciously willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewerage system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(B) Liability. Any person violating any of the provisions of this chapter shall become liable to the village for any expense, loss, or damage occasioned the village by reason of such violation.
(1984 Code. § 7-01-03-160) (Ord. 98, passed 9-30-1980; Ord. 227, passed 1-26-1993) Penalty, see § 52.99
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