(A) (1) Commencing on the first day the Smithville publicly-financed treatment works construction project, which includes a federal grant thereon, is placed in operation, there shall be levied and assessed upon each industrial user of the treatment works an industrial cost recovery charge or rental which shall be in addition to all other charges, rentals, and fees provided in this chapter. The industrial cost recovery charge shall be equal to that portion of all federal grant amounts allocable to the treatment of wastes from the industrial users of the treatment works and capacity committed to their use. The recovery period for this amount shall be 30 years or the useful life of the project, whichever is less.
(2) An industrial user’s share shall be based upon all factors which significantly influence the cost of the construction project, including strength, volume, and delivery rate characteristics, in accordance with the charge schedule hereinafter set forth.
(3) The industrial cost recovery charge for the improvements and modifications to the wastewater treatment plant constructed under Federal Project C390656 shall be as follows:
(a) The basic industrial cost recovery charge shall be $0.19 per 1,000 gallons of standard strength wastewater (200 mg/l BOD, 200 mg/l SS) as measured by water or wastewater meter.
(b) In addition to the basic charge, any user discharging wastewater containing BOD in excess of 200 mg/l or SS (suspended solids) of 200 mg/l shall pay the following charges:
1. BOD–$0.03 per pound of excess over 200 mg/l.
2. SS–$0.02 per pound of excess over 200 mg/l.
(4) The Board of Public Affairs shall establish and maintain a monitoring program to obtain the Information required to assess the industrial cost recovery charges. The Board of Public Affairs may require any industry to collect and analyze samples and furnish results to the village.
(B) (1) The village shall retain 50% of the recovered amounts. The remainder, together with any interest earned thereon, shall be returned to the U.S. Treasury on an annual basis, beginning one year after the facilities under Federal Project C390953-020 are placed in service.
(2) A minimum of 80% of the village’s retained amounts, together with interest earned thereon, shall be used solely for eligible costs of expansion and reconstruction of the treatment works. The Board of Public Affairs shall obtain written approval of the Regional Administrator of the EPA prior to the commitment of these funds. The money so collected shall be kept in a separate account and shall be invested in (1) obligations of the U.S. Government; or (2) obligations guaranteed as to principal and interest by the U.S. Government; or (3) deposits 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.
(3) The remaining amount of the retained amounts shall be deposited in the Sewer Fund of the village.
(4) All significant users of the wastewater treatment works shall furnish to the Board of Public Affairs a signed letter of intent to pay that portion of all federal grant amounts allocable to the treatment of its wastes. Each user shall include a statement of the industrial user’s intended period of use of the treatment works.
(5) The Board of Public Affairs shall review all new projects involving Federal Allocations to determine the industrial user’s class influence on the capital costs of the project. The Board of Public Affairs shall then assess an industrial cost recovery charge, in addition to that defined herein, to obtain the required revenue from each industrial user.
(6) The Board of Public Affairs shall be responsible for collecting and maintaining the needed records for implementation of this section.
(Ord. 1978-28, passed 8-14-1978)