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§ 50.25 INDUSTRIAL SURCHARGES.
   (A)   If the character of the sewage of any manufacturing or industrial plant or any other building or premises shall be such as to impose any unreasonable burden upon the sewers of the system or upon the sewage treatment plant in excess of a maximum limit prescribed in this chapter, then an additional charge shall be made over and above the regular rates, or the local agency shall require that such sewage be treated by the person responsible therefor before being emptied into the sewer, or the right to empty such sewage shall be denied, if necessary, to protect the system or any part thereof. Surcharges required shall be computed as the prorated share of the annual costs of operation and maintenance, including replacement, attributable to treating a substance, multiplied by the ratio of the weight of surchargeable excess of the discharged substance to the total weight of such substance that is treated in that year. This amount shall be collected on the basis of estimated surchargeable amounts with each billing and shall be adjusted annually to reflect actual operation, maintenance, and replacement costs. If any premises connected to the system discharge a large portion of total water used into the storm sewer and not into the sanitary sewer, all such discharges shall comply with the requirements of state and federal agencies.
   (B)   Any wastewater discharged into the sewer system having a substance in excess of the limits prescribed in § 50.05 shall be permitted only if provided for in a special agreement with the industrial concern discharging the wastewater, and then only if such agreement provides for the payment by the industrial concern for the full cost of treating such excess constituents in the wastewater.
(Ord. passed 4-11-2019)
§ 50.26 INDUSTRIAL COST RECOVERY.
   (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)
§ 50.27 RECORDKEEPING.
   (A)   The local agency will maintain and keep proper books of records and accounts, separate from all other records and accounts, in which shall be made full and correct entries of all transactions relating to the system. The local agency will cause an annual audit of such books of record and account for the preceding operating year to be made by a recognized independent certified public accountant and will supply such audit report to authorized public officials on request.
   (B)   In conjunction with the audit, there shall be an annual review of the sewer charge system to determine whether or not it is sufficient to meet expected expenditures for the following year.
   (C)   Classification of old and new industrial users shall also be reviewed annually.
   (D)   The local agency will maintain and carry insurance on all physical properties of the system, of the kinds and in the amounts normally carried by public utility companies and municipalities engaged in the operation of sewage disposal systems. All monies received for losses under any such insurance policies shall be applied solely to the replacement and restoration of the property damaged or destroyed.
(Ord. passed 4-11-2019)
§ 50.28 AUTHORITY TO OPERATE A WASTEWATER UTILITY.
   It is hereby determined to be desirable and necessary for the public health, safety, and welfare of the city that its sanitary sewerage system be operated on a public utility rate basis in accordance with the provisions of Public Act 94 of 1933, as amended, being M.C.L.A. §§ 141.101 through 141.138.
(Ord. passed 4-11-2019)
§ 50.29 FREE SERVICE.
   No free service shall be furnished by the system to any person, public or private, or to any public agency or instrumentality.
(Ord. passed 4-11-2019)
§ 50.30 LEVELS OF RATES.
   The rates fixed by this chapter are estimated to be sufficient to provide for the payment of the expenses of administration and operation of the system and such expenses of maintenance of the system as are necessary to preserve the same in good repair and working order, and to provide for such other expenditures and funds for said system as this chapter may require. Such rates shall be fixed and revised from time to time as may be necessary to produce these amounts.
(Ord. passed 4-11-2019)
§ 50.31 OPERATING YEAR.
   The system shall be operated on the basis of an operating year commencing on January 1 and ending on December 31 next following.
(Ord. passed 4-11-2019)
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