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(a) All users shall be classified regardless of their liability for industrial cost recovery. There shall be three (3) major classification groups: Nongovernmental/Nonresidential, Governmental and Residential.
(b) The nongovernmental/nonresidential user group shall be broken down into four separate categories. These categories shall be as follows:
(1) Significant (User whose daily wastewater discharge is more than 10% of the total daily wastewater discharge from the service area.)
(2) Major (User whose daily wastewater discharge is between 5% and 10% of the total daily wastewater discharge from the service area.)
(3) Minor (User whose daily wastewater discharge is between 1% and 5% of the total daily wastewater discharge from the service area.)
(4) Sub-Minor (User whose daily wastewater discharge is less than 1% of the total daily wastewater discharge from the service area.)
(c) The classification record shall include the volume and loading characteristics of the wastewater discharge of each user or user group. The type(s) of discharge (process, pretreat, cooling or sanitary) shall also be noted.
(d) The user group classification record shall note and include data concerning capacity which has been reserved by written, formal agreement between any nongovernmental/nonresidential user and the Municipality. All reserved unused capacity shall be taken into account as though it were in fact used when determining industrial cost liability and when computing industrial cost recovery payments.
(e) Wastewater treatment works capacity data shall be provided as part of the user group classification record.
(f) The user group classification record shall be reevaluated annually. This shall be done immediately after the reidentification and reevaluation of all nongovernmental/nonresidential users and immediately prior to the determination of each year's industrial cost recovery payment liability.
(g) All user group classification record data shall be recorded and maintained in a format similar to and consistent with Table 2 of the Appendix. This record shall be updated as noted in subsection (f). (Ord. 18-1980. Passed 10-13-80.)
(a) The industrial cost recovery cost base shall consist of the sum of the total amounts of the Step 1, 2 and 3 Federal grants less and except any amounts applicable to the following:
(1) Correction or treatment of excessive I/I;
(2) Correction of combined sewer overflows;
(3) Collection or treatment of stormwater;
(4) Projects which do not initially serve industry; and
(5) Nonexcessive I/I.
(b) The industrial cost recovery cost base shall be computed separately for both the treatment facilities and collection facilities. These computations are shown in Tables 3 and 4 respectively of the Appendix.
(c) An upgrading of the wastewater treatment works using additional Federal grants shall necessitate a reevaluation of the cost base and the subsequent proportional adjustment of each industrial user's cost share.
(d) An expansion of the wastewater treatment works using additional Federal grants shall necessitate a reevaluation of the cost base and the subsequent proportional adjustment of each industrial user's cost share, except that a user with reserved capacity shall incur no additional ICP charges unless the user's actual use exceeds its reserve capacity.
(Ord. 18-1980. Passed 10-13-80.)
(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.)
(a) Billing of industrial users for industrial cost recovery shall be made no less often than annually. The billing charge shall be due and payable no later than thirty (30) days after the date of billing.
(b) The initial billing of an industrial user for industrial cost recovery shall be no later than eleven (11) months after the date of initiation of usage of the wastewater treatment works by the industrial user. The initial billing shall be for a period of use of twelve (12) months or less.
(c) In order that all industrial cost recovery payment receipts may be brought into cycle with the Municipality's fiscal year, the initial billing of an industrial user may be for a period of use of less than twelve (12) months. Subsequent annual billings and receipts will then conform to the normal accounting period throughout the life of the ICR period with an adjusted partial billing in the final year.
(d) When billings are for more than the initial wastewater treatment works project (e.g. subsequent expansion and/or upgrading projects), the billing dates shall be made to fall concurrently and shall be such that the total payment due date will be at the end of the Municipal fiscal year.
(e) The format of each industrial cost recovery billing statement shall include the following data:
(1) Industrial user identification
(2) Date of billing
(3) Grant(s) identification
(4) Identification of billing period and date payable
(5) Charge breakdown by flow, BOD and suspended solids
(Per each grant)
(6) Total amount due per each grant and total amount due for all grants
The amounts due shall be calculated in accordance with Section 921.15.
(f) Lump sum billing for industrial cost recovery obligations may be made by the Municipality at the industrial users written request. Lump sum billings and payments shall be subject to the stipulations stated in Section 921.15 in all cases.
(g) All billings and notices related to the conduct of the industrial cost recovery system will be mailed to the industrial user at the address noted on the sewer service permit application unless a change of address has been filed in writing at the Municipal business office. The Municipality shall not otherwise be responsible for delivery of any bill or notice.
(Ord. 18-1980. Passed 10-13-80.)
(a) The Municipal Council, through its authorized representative, shall be responsible for the proper management of all funds collected through or generated by the ICR system. ICR payments received from industrial users shall be disbursed in the following manner:
(1) Fifty percent (50%) of the amounts received from industrial users, together with any interest earned thereon, shall be returned to the United States Treasury annually. Said payments shall be made to the U.S. EPA Regional Financial Management Office no later than four (4) months after the end of the annual ICR accounting period.
(2) The Municipality shall retain fifty percent (50%) of the amounts received from the industrial users, together with any interest earned thereon. Eighty percent (80%) of this amount shall be used for the allowable Federal costs of any expansion, upgrading or reconstruction of the wastewater treatment works necessary to meet the requirements of the Act. Before expenditure of these funds, the Municipality shall obtain written approval of the U.S. EPA Regional Administrator, or his authorized representative.
(3) The remaining twenty percent (20%) of the fifty percent (50%) retained by the Municipality may be used at the discretion of the Municipality, except that, these funds shall not be used for construction of industrial pretreatment facilities or as rebates to industrial users.
(b) A portion of the amounts retained by the Municipality may be used to pay the incremental costs of administration of the ICR system. (These are the costs remaining after allocating all costs attributable to the administration of the user charge system to the user charge system account.) The incremental costs shall be maintained separately from all other administration costs of the Municipality. Any funds used for these incremental costs shall come from those funds noted in subsection (a)(3) hereof. When the incremental costs exceed those funds noted in subsection (a)(3) hereof, the necessary funds required may be taken from those funds noted in subsection (a)(2), but only after written approval has been received from the U.S. EPA Regional Administrator, or his authorized representative.
(c) All accumulated ICR amounts in excess of five hundred dollars ($500.00) shall be promptly invested, as noted in subsections (d) and (e) hereof, within five (5) days of its accumulation.
(d) Pending the disbursement of the ICR amounts noted in subsection (a) and (b), the ICR system management shall invest ninety percent (90%) of the ICR amounts (those funds noted in subsection (a)(1) and (2)) in one or more of the following: obligations of the U.S. Government (i.e. Treasury bills, notes or bonds); obligations guaranteed as to principal and interest by the U.S. Government or by an agency of the U.S. Government (i.e. savings accounts guaranteed by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, or securities issued by instrumentalities of the United States, such as, Intermediate Credit Banks, Federal Home Loan Banks, Federal Land Banks and Banks for Cooperatives); or, accounts fully collateralized by such obligations heretofore mentioned.
(e) The funds noted in subsection (a)(3) (ten percent (10%) of the ICR payment amounts) may, at the discretion of the ICR system management, be invested in any of the forms of investment noted in subsection (d) or expended for any purpose except as noted in subsection (a)(3).
(f) Detailed and timely records shall be maintained by the ICR system management. The records shall reflect clearly the ICR cash, investment and disbursement activities. Suggested formats for these records are noted in Table 5, Appendix.
(g) Lump sum ICR payments may be processed as a normal ICR payment or they may be set aside in a separate account to be drawn on annually for the remainder of the ICR period.
(h) Uncollected ICR charges which become bad debts as a result of bankruptcy of the industrial users shall be identified, but shall not be recovered from other industrial users or other sources. The Federal share of such charges shall not be paid to the U.S. Government as long as they remain uncollected. (Ord. 18-1980. Passed 10-13-80.)
(a) The Municipal Council or its authorized representative shall maintain, for the duration of the cost recovery period, all such records as are necessary to document compliance with the Federal grant requirements. Generally, these records will include the following documents:
(1) Federal grant amount(s) documentation;
(2) Original approved ICR system and documentation related thereto;
(3) Subsequent amendments to the ICR system and documentation related thereto;
(4) List of contributing industries and their wastewater loadings to the treatment works;
(5) Data concerning total wastewater loadings to the treatment works;
(6) Municipality’s notification to U.S. EPA of initiation of operation of the ICR system;
(7) Approval(s) of the use of retained funds;
(8) Record of the Municipality's annual payments to U.S. EPA;
(9) All records relating to retention and investment of those funds set aside for future expansion, upgrading or reconstruction;
(10) Any other documents which may be necessary for reviews or audits by representatives of the U.S. EPA or Ohio EPA.
(b) The records noted in subsection (a) hereof, along with any other records of the ICR system, shall be available to the Appeals Board and anyone who is affected by the decisions, actions or inactions of the ICR system management. (Ord. 18-1980. Passed 10-13-80.)
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