(A) Project No. C-262310 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 the Clean Water Act, being 33 U.S.C. §§ 1251 et seq. 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 the Clean Water Act, being 33 U.S.C. §§ 1251 et seq., which require 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 the same in accordance with federal requirements of the U.S. Environmental Protection Agency as prescribed in this chapter.
(C) Recovered amounts shall be collected each year during the industrial cost recovery period from each industrial user as defined in § 50.01.
(D) 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.
(E) 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.
(F) If there is an expansion or upgrading of the treatment works, each existing industrial user’s share shall be adjusted accordingly.
(G) 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.
(H) The industrial user’s share shall not include an interest component.
(I) 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.
(J) (1) 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.
(2) The local agency shall obtain the written approval of the Regional Administrator of the U.S. Environmental Protection Agency prior to commitment of the retained amounts for any expansion and reconstruction.
(3) The remaining 20% of the retained amounts may be used as the local agency sees fit.
(K) Pending use, the local agency shall invest the retained amounts for reconstruction and expansion in either obligations of the U.S. Government or obligations guaranteed as to principal and interest by the U.S. Government of any agency thereof, or 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.
(L) All process wastewater with a flow greater than the equivalent of 25,000 gallons per day sanitary flow, from industrial facilities, are subject to an industrial cost recovery charge. The ICR charge is to be collected with sewer service billings.
(M) In addition, for BOD greater than 250 mg/l, or for suspended solids greater than 300 mg/l, an additional industrial cost recovery surcharge will be levied equal to the cost of treatment per pound of BOD in excess of 250 mg/l and the cost of treatment per pound of suspended solids in excess of 300 mg/l.
(Ord. passed 4-11-2019)