(A) Industrial wastewater charges or “surcharges” shall be applied to industrial users, defined as follows.
(1) (a) INDUSTRIAL USER means any nongovernmental, nonresidential user of the city sewerage system that discharges more than the equivalent of 25,000 gallons per day (GPD) of sanitary wastewater and is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:
1. Division A, Agriculture, Forestry and Fishing;
2. Division B, Mining;
3. Division D, Manufacturing;
4. Division E, Transportation, Communications, Electric, Gas and Sanitary Services; and
5. Division I, Services.
(b) In determining the amount of a user’s discharge for purposes of classification, domestic wastewater discharges exceeding 25,000 GPD or the weight of biochemical oxygen demand or suspended solids (SS) equivalent to that weight found in 25,000 GPD of sanitary wastes are considered industrial users. Sanitary wastes, for purposes of this calculation of equivalency, are the wastes discharged from residential users.
(2) INDUSTRIAL USER shall mean any other industrial, commercial or institutional user of the sanitary sewerage system that discharges wastewater to the treatment works which contain toxic pollutants, poisonous solids, liquids or gases in sufficient quantity either singly or by interaction with other wastes, to contaminate the sludge at the treatment works, 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.
(3) Industrial user shall also mean any person discharging wastewater with concentrations in excess of 350 mg/l for BOD or suspended solids or 50 mg/l for Total Kjeldahl Nitrogen (TKN, as defined in Standard Methods for the Examination of Water and Wastewater, latest edition).
(B) The industrial wastewater charges shall be established not less than one time per year and at the same time domestic user charges are established. Industrial wastewater charges shall be based on the actual costs for providing sewer services during the preceding fiscal year. The charges so computed along with projected increases in costs shall be the basis for estimating the monthly billings to each such customer for the following fiscal year. The actual costs shall be determined as soon after the end of each fiscal year as possible and until such time the charges for the current year shall be based on either the rates for the year or on estimated rates for the current year.
(C) The costs included in the computation of actual charges for the preceding fiscal year, or of estimated charges for an ensuing fiscal year, shall include, but not be limited to, the following:
(1) Operation and maintenance expenses;
(2) Insurance, debt service and other fixed costs; and
(3) Laboratory and other testing and monitoring costs.
(D) Industrial wastewater surcharges, in addition to the normal charges charged for domestic wastewater as established in § 51.057, shall be established for each of the following parameters:
(1) BOD, per pound;
(2) Suspended solids, per pound; and
(3) Other parameters as applicable; per pound.
(E) The surcharges shall be as set out in the town’s fee schedule. In addition, laboratory costs, monitoring costs and special costs shall be annualized and added to the monthly surcharge.
(F) Industrial wastewater surcharges shall become effective on the first regular meter reading date for each user after such user is connected to the city system, and after written notice from the city of classification as an industrial user. Interim monthly charges based on domestic user charges shall be invoiced and collected during the period equitable industrial rates are being developed.
(G) The Town Council may establish classes of industrial users and assign representative strengths of wastewater to each. Such class wastewater characteristics may recognize analyses of representative users of each class based on typical data from other sources. To the extent practical, actual data for each industrial user’s wastewater shall be used. Industrial users assigned standard strength parameters may request sample analyses of wastewater. Upon determination of the characteristics on samples representative of the wastewater on not less than three working days, such characteristics shall be used in determining the charges until the wastewater may again be sampled.
(H) The Town Council may consolidate the component charges of the industrial wastewater charges into a single volume charge that includes the characteristic charges computed for a unit volume of 1,000 gallons. Such a weighted volume charge may be applicable to a class of users or to each user where his or her actual wastewater characteristics are known.
(I) Industrial users exhibiting marked, seasonal load variations shall pay charges that recognize the dedication or reservation of capacity for the treatment of their seasonal peak operating loads, and any unusual operation and maintenance costs directly related to such seasonal loads. This provision shall apply only to those industrial users whose peaks loads exceed 10% of any capacity parameter and are at least twice its off-season loads.
(J) The user charge system in this subchapter shall take precedence over any pre-existing agreements concerning the charges to be collected for providing wastewater treatment services or reserving capacity.
(Ord. passed 5-3-2011; Ord. passed 9-11-2014)