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(a) Certain industrial base data shall be obtained, recorded and maintained for all nongovernmental/nonresidential users. This data, as a minimum, shall consist of the average daily volume of wastewater discharged, as well as, the biochemical oxygen demand (BOD), suspended solids (SS) and toxic contaminant loadings of the discharge. PH values of the wastewater may also be used in determining its quality when compared to normal sanitary wastewater. Discharges known to contain only sanitary wastes may be evaluated with the assumption that the discharge characteristics other than flow are equivalent to those of domestic wastewater.
(b) When formal, written agreements, which reserve capacity in the wastewater treatment works exist between nongovernmental/nonresidential users and the Municipality, the total reserved capacity (used or unused) shall be utilized when compiling the industrial base data.
(c) The required industrial base data may be obtained from point monitoring, water use records, data from similar users or other methods if deemed appropriate by Municipal Council. Any of these methods may be employed singly or in conjunction with any of the other methods.
(d) Nongovernmental/nonresidential users must report to the Municipal Council or its authorized representative any substantial change in the wastewater characteristics as soon as the change is detected.
(e) An annual reidentification and reevaluation of all nongovernmental/nonresidential users shall be performed. Users whose average daily discharge constitutes more than five percent (5%) of the average daily flow from the Municipality, or whose discharge consists in whole or in part of raw or pretreated process wastewaters, or whose discharge contains toxic materials, or who are classified as industrial users subject to industrial cost recovery, shall be monitored semi- annually, as a minimum, and more often if deemed necessary by Municipal Council.
(f) All point monitoring shall be performed during periods of normal discharge.
(g) All industrial base data shall be recorded and maintained in a format similar to and consistent with Table 1 of the Appendix. This record shall be updated as noted in subsection (e) hereof.
(h) From the industrial base data presented in Table 1 and in conjunction with Section 921.11, a determination of industrial cost recovery liability for each nongovernmental/nonresidential user shall be made by Municipal Council or its authorized representative and noted in Table 1.
(Ord. 18-1980. Passed 10-13-80.)
(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.)
(a) The ICR period shall commence upon the completion of Step 3 construction, final inspection and the subsequent beneficial use of the wastewater treatment works. The date of commencement for the ICR period shall be the date of beneficial use of the wastewater treatment works by the first user, regardless of whether or not the first user is an industrial user.
(b) Within thirty (30) days after the commencement of the ICR period, the Municipality shall establish the accounting period for the ICR system. The Municipality shall notify the U.S. EPA Regional Administrator, in writing, within sixty (60) days after the commencement of the ICR period, of the date of the implementation of the ICR system and of the ICR accounting period.
(c) Industrial users shall be required to make the first ICR payment to the Municipality no later than twelve (12) months after the commencement of the ICR period.
(Ord. 18-1980. Passed 10-13-80.)
(a) The ICR system, including all records, shall be subject to review and audit by the U.S. EPA or its authorized representative. These powers may be delegated to appropriate State water pollution control agencies such as the Ohio EPA.
(b) It will be the practice of the U.S. EPA to make a preliminary audit of the ICR system at the time of, and as an extension to, the final construction audit. The scope of the preliminary audit will generally include the following:
(1) Verification that the approved ICR system fully complies with the Federal Water Pollution Control Act, U.S. EPA regulations concerning ICR and subsequent related guidelines; and
(2) Determination of the existence of an adequate accounting system and other administrative procedures and systems, including, waste monitoring systems where these are required to effectively implement the approved ICR system.
The purpose of the ICR system preliminary audit is to identify deficiencies so that corrections can be made. When the final construction audit occurs after several months of operation of the treatment works, or after the first full year of the ICR system operation, the preliminary audit of the ICR system will take the form of a regular audit.
(c) The U.S. EPA will schedule regular audits of the ICR system when determined to be necessary and requested by the U.S. EPA Regional Administrator. Unrequested, random audits will also be made to assess general performance of the ICR system management and to identify potential problem areas. Regular and random audits will normally include the following:
(1) Determination of whether allocable industrial costs have been properly computed, assessed and collected in accordance with the approved ICR system and approved revisions thereto;
(2) Determination of whether collected amounts have been properly accounted for and have been deposited in accounts or invested in obligations as noted in Section 921.17, and a determination of whether the interest earned on collected amounts has been fully and properly accrued;
(3) Determination of whether the Municipality, or its authorized representative, has made all annual submissions and payments to the U.S. EPA and whether these have been complete and correct;
(4) Determination of the effectiveness of actions being taken by the Municipality, or its authorized representative, to collect delinquent ICR accounts;
(5) Determination of the adequacy of wastewater monitoring and reporting by the Municipality and/or the industrial users, to the extent that such monitoring is required by the approved ICR system and approved amendments thereto; and
(6) Determination of whether any and all uses of retained funds have been approved by the U.S. EPA Regional Administrator (or State agency when it has been granted such authority), and have been actually applied to eligible project costs.
(d) Audits may also be made when there is suspicion of non-compliance with the approved ICR system and Federal laws, U.S. EPA regulations and guidelines relating thereto. Examples of noncompliance are: inequitable proration of the ICR charges among industrial users, failure to charge all ICR amounts, failure to account for and invest collected and retained amounts, failure to pay the share due the Federal Government, and use of the Municipality's eighty percent (80%) portion of retained amounts without prior approval of the U.S. EPA Regional Administrator. (Ord. 18-1980. Passed 10-13-80.)
(a) An appeals board shall be formed by the Municipal Council for the purpose of reviewing and ruling on contested cases which may be brought by aggrieved parties as a result of ICR system management decisions, actions or inactions. The appeals board shall be seated within sixty (60) days of the implementation of the ICR system.
(b) The appeals board shall consist of five (5) members. The board shall consist of one (1) each of individuals who possess professional knowledge of, or have a background in, one of the following areas:
(1) Ohio municipal law;
(2) Wastewater testing and treatment technology;
(3) Current local Municipal Council member;
(4) Local industrial community member; and
(5) Local wastewater service area resident.
None of the appeals board members shall be directly involved in the administration of the ICR system.
(c) The appeals board shall hear and rule on only those cases which have not been agreeably resolved by the ICR system management and the aggrieved party. A majority rule shall govern all appeals board decisions.
(d) An aggrieved party can be anyone who is affected by the decisions, actions or inactions of the ICR system management. (Ord. 18-1980. Passed 10-13-80.)
The legal authority of this chapter supersedes and nullifies those parts of any and all State and local laws, ordinances, orders and/or agreements in conflict with the ICR system herein defined and with subsequent Federal amendments hereto.
(Ord. 18-1980. Passed 10-13-80.)
APPENDIX
Table 1 - Identification of Nongovernmental/Nonresidential Users
Table 2 - User Group Classification and Quantifying of Flows and Loads
Table 3 - Determination of ICR Cost Base - Treatment Facilities
Table 4 - Determination of ICR Cost Base - Collection Facilities
Table 5 - Suggested Record Formats
PAGES 25 THROUGH 38
CHARTS
RATES AND CHARGES
Unless the contents of this chapter specifically indicates otherwise, the meaning and intent of terms used herein shall be as follows:
(a) “The Act” shall mean the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended by the Federal Water Pollution Control Act Amendments of 1972 (PL 92-500) and subsequent amendments.
(b) “Biochemical Oxygen Demand (BOD)”shall mean the quantity of oxygen used in the biochemical oxidation of organic matter in a specified time, at a specified temperature, and under specified conditions and is expressed in milligrams per liter. This is a standard wastewater strength assessment test.
(c) “Infiltration” shall mean the water entering a sewer system, including sewer service connections, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow.
(d) “Infiltration/Inflow, (I/I)” shall mean the total quantity of water from both infiltration and inflow without distinguishing the source.
(e) “Inflow” shall mean the water discharged into a sewer system, including service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface run-off, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration.
(f) “Municipality” shall mean the Village of Pioneer, Williams County, Ohio.
(g) “Suspended solids, (SS)” shall mean solids that either float on the surface of, or are suspended in water, wastewater, or other liquids, and which are largely removable by laboratory filtering.
(h) “Wastewater” shall mean a combination of the water carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwater as may be present.
(i) “Wastewater treatment works” shall mean any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of liquid nature to implement Section 201 of the Act, or necessary to recycle or reuse water at the most economical cost over the useful life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping power, and other equipment and their appurtenances; extensions, improvement, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm water run-off, or industrial waste, including waste in combined storm water and sanitary sewer systems.
(j) “U.S. EPA” shall mean the United States Environmental Protection Agency.
(k) “User charge” shall mean a charge levied on users of a wastewater treatment works for the user’s proportional share of the cost of operation and maintenance (including replacement) of such works under Sections 204(b)(1)A and 201(h)(2) of the Act.
(l) “Shall” is mandatory; “May” is permissive.
(m) “Debt service charge” shall be that portion of the Sewer Service Charge paid by the user as the user’s proportional share of cost of construction of the wastewater treatment works being paid thru debt retirement.
(n) “Sewer Service Charge” shall be the total charge paid by the user being the sum of the debt service charge and the user charge.
(o) “Operation and Maintenance” means expenditures for the necessary wages/salaries, contractual services (e.g. repair, legal, engineering, auditing, etc.), utilities, materials and supplies, insurances, and related miscellaneous incidentals required to maintain a safe, efficient and economical treatment works.
(p) “Replacement” means expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term operation and maintenance includes replacement.
(q) “Normal domestic wastewater” shall mean that wastewater having polluting characteristics not greater than 218 mg/l BOD and 218 mg/l suspended solids.
(Ord. 19-1980. Passed 10-13-80.)
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