(a) The total industrial cost recovery share of Federal grant assistance is limited to that portion representative of qualifying industry's use including any reserve capacities firmly committed to qualifying industry's use.
(b) Any unreserved excess capacity built into the wastewater treatment works shall not be subject to industrial cost recovery unless and until it is used or reserved by industrial users.
(c) Each industrial user shall pay an annual amount equal to its share of the total applicable amount of Step 1, 2, and 3 Federal grants and any subsequent Federal grant amendments, divided by the appropriate ICR recovery period(s).
(d) The industrial cost recovery period shall be equal to 30 years or to the useful life of the wastewater treatment works, whichever is less.
(e) The annual payment for an individual industrial user shall be determined by applying the ICR Unit Cost Rates (Tables 3 and 4, Appendix) times the appropriate industrial base data (Table 1, Appendix) of the individual user. The sum of these products shall constitute the total yearly industrial cost recovery charge for the individual user. The yearly charge for a particular user will vary according to the variance of that user’s industrial base data from year to year.
(f) The industrial cost recovery payments shall cease for any industrial user who discontinues use of the wastewater treatment works, including termination of any reserve capacity agreement. Other industrial users who are currently making ICR payments shall not be required to assume the portion of the industrial cost recovery payment which is unrecovered due to the departure of another industrial user. Total industrial cost recovery charges recovered from an industrial user who discontinues use during the ICR period shall be the Federal cost of the capacity used times the ratio of the user's period of use to the ICR period.
(g) A new industrial user (one who connects to the wastewater treatment works after the ICR period begins) or an existing nongovernmental/nonresidential user who becomes eligible for ICR charges after the ICR period begins shall become liable for industrial cost recovery on the date use is initiated or on the date the user qualifies as an industrial user. Industrial cost recovery liability shall continue for the unexpired portion of the ICR period or until the industry ceases use of the wastewater treatment works, whichever occurs first. Total industrial cost recovery payments recovered from a new industry shall be the Federal cost of the capacity used times the ratio of the user's period of use to the ICR period.
(h) An industrial user may fulfill its ICR obligation by making a lump sum payment for its entire estimated share of the Federal cost of construction of the wastewater treatment works. Lump sum payments shall not relieve an industrial user from the obligation of making additional future payments should its wastewater flow or load increase. Discounts from the total ICR obligation shall not be given to industrial users who make advance ICR payments.
(Ord. 18-1980. Passed 10-13-80.)