§ 52.16 ASSURANCES RELATING TO INDUSTRIAL COST RECOVERY.
   (A)   The city will institute and develop an approvable plan and schedule of implementation for a system of user charges that will assure that each recipient of waste treatment services within the city’s service area will pay its proportionate share of the costs of operation and maintenance including replacement, as defined in 40 C.F.R. Ch. I, Subch. B, part 35, of all waste treatment services provided by said city, and further that such system or systems will be properly and adequately maintained; and that in all respects 40 C.F.R. Ch. I, Subch. B, part 35 will be fully complied with.
   (B)   Assurance is hereby given to the Environmental Protection Agency that the planned sanitary sewer project is for a new sewer system in a community in existence on June 28, 1974, in the city and that such system will have sufficient capacity to adequately treat all collected sewage; and that the bulk (not less than two-thirds) of the flow design capacity through the sewer system will be for wastewaters originating from the said community (habitation) in existence on June 28, 1974.
   (C)   The city also hereby gives assurance that it will fully comply with the industrial cost recovery provisions of 40 C.F.R. Ch. I, Subch. B, part 35, and specifically that all industrial users will be required to pay that portion of the grant amount allowable to the treatment of its wastes; and that the said city will comply with all federal statutory and regulatory requirements as set out in 40 C.F.R. Pt. 30, Subpt. C, and will further establish, maintain, and make available for inspection such instruments and records as are necessary to document compliance with all grant conditions including, but not limited to, the foregoing pertaining to user charges and industrial cost recovery.
(2003 Code, § 13.12.160) (Res. 1975, passed 4-23-1975)