§ 51.073 PURPOSE AND CALCULATION OF USE SURCHARGE.
   (A)   If the concentration of the sewage from any user, except those subject to industrial charges, exceeds the level of 250 mg/l BOD and 300 mg/l suspended solids, they shall be subject to a surcharge for that portion of the contribution which exceeds those limits. Any industrial user which discharges an amount of flow, BOD, or suspended solids in excess of their allocated industrial capacity as documented in letters of intent submitted to the state Department of Environmental Control and the U.S. Environmental Protection Agency shall be subject to a surcharge for that portion of the contribution which exceeds their allocated industrial capacity. The formula for determining the surcharge is as follows:
   Surcharge= [BC (B)+SC (S)+PC (P)]
   BC=   Cost for plant operation and maintenance and plant equipment replacement of a unit of biochemical oxygen demand (BOD)
   B=   Concentration of BOD from a user above base level
   SC=   Cost for plant operation and maintenance and plant equipment replacement of a unit of suspended solids
   S=   Concentration of suspended solids from a user above base level
   PC=   Cost for plant operation and maintenance and plant equipment replacement of a unit of any pollutant
   P=   Concentration of any pollutant from a user above a base level
   (B)   If the experienced additional cost associated with high strength wastes are not recovered by the industrial rate charges or above surcharges, the city shall have the option to review the effect any user (all classifications) has on the wastewater system and establish a higher rate, if necessary, for the excessive amount of BOD, SS, or other applicable pollutants.
   (C)   Any user who violates the limitations of this section or discharges a contaminate that proves detrimental to the proper operation of the sewage treatment facilities shall be liable for its proportionate share of any and all fines and penalties assessed against the city as a result of such violation.
(Prior Code, § 3-228)
Statutory reference:
   Authority, see Neb. RS 16-681