(a) Application. This section shall not be applicable unless specifically required by the Regional Administrator of the Federal Environmental Protection Agency and shall be subject to revision at that time to meet the Federally mandated minimum requirements at that time.
(b) Industrial Cost Recovery Required. Industrial users shall pay that portion of any Federal grant which has been obtained by the district for financing the construction of wastewater treatment works allocable to the treatment of the wastewater from such user. Such user's share shall not include an interest component. Any industrial user discharging less than the equivalent of 25,000 gallons per day or less of sanitary waste shall be exempt from industrial cost recovery obligations, provided that such discharge does not contain pollutants which:
(1) Interfere with treatment works processes;
(2) Are toxic or incompatible; or
(3) Contaminate or otherwise reduce the utility of the sludge.
(c) Costs for Industrial Users. The cost to be recovered from an industrial user shall be computed by first determining the percentages of each applicable capital cost item which is primarily flow-sensitive, suspended solid-sensitive or COD-sensitive. Such percentages are then multiplied by the fraction of the above components of each industry, based on its average daily contribution during the past year, to determine its overall share of each applicable capital cost item.
(d) Charges for Industrial Cost Recovery. Every year during the industrial cost recovery period, each industrial user of the treatment works shall pay the cost recovery amount determined by subsection (c) hereof, for such industry, divided by the number of years in the recovery period. Where an industry is connected to a public sewer after the start-up of the facilities constructed under a Federal grant, such industry shall only pay its portion of the grant for each month remaining in the recovery period. Such industry shall not be required to pay for that part of the recovery period prior to its connection to a public sewer.
(e) Length of Industrial Cost Recovery Period. The industrial cost recovery period shall be equal to the useful life of the treatment works or thirty years from the acceptance of the works from the contractor, whichever is less.
(f) Payments and Billing Period. For the purpose of industrial cost recovery, the year shall be divided into monthly periods. All industrial users of the facility shall pay the cost, as determined by subsection (d) hereof, for industrial cost recovery. Such payments shall be made concurrently with the normal monthly billing for which service has been supplied. Such charge shall be immediately due and payable. If such bills are not paid within thirty days, a service charge of one and one-half percent per month shall be added thereto.
(g) Delinquency and Termination of Service. If the charges for industrial cost recovery are not paid within ninety days after the rendition of the bill, then such charges shall be deemed and are hereby declared to be delinquent. Thereafter, such delinquent charges shall constitute a lien upon the real estate for which such sewer services were supplied and shall be certified to the County Auditor for collection. If the charges for industrial cost recovery are not paid within 180 days, the Municipality shall discontinue service after ten days notice.
(h) Time of First Payment. The initial payment made by an industrial user, which is connected to a public sewer after the start-up of the treatment works constructed with a Federal grant, shall be made by the next scheduled due date, as set forth in Section 1044.14, and shall be equal to one-twelfth of the amount as determined by subsection (d) hereof.
(i) Adjustment of Charges Due to Strength of Volume Changes. If there is a change in the strength and/or volume introduced into the treatment works by an industrial user, as determined by the records of the previous year, the user's future portion of any Federal grant shall be adjusted accordingly.
(j) Adjustment of Charge Due to Plant Improvement Utilizing Federal Grant Funds. If there is an expansion or upgrading of the treatment works utilizing a Federal grant, each existing industrial user's share shall be adjusted to the extent to which such upgrading or expansion benefits the user.
(k) Charges for Unused or Unreserved Capacity. An industrial user's portion of any grant shall not include any portion of the grant amount allocable to unused or reserved capacity.
(l) Commitment for Increased Use. An industrial user's portion of a grant shall include allowance for the cost of any firm commitment to the Municipality for any increased use by such user.
(m) Payment to U.S. Treasury Required. The Municipality shall retain fifty percent of the moneys recovered from industrial users. The remainder, together with any interest earned thereon, shall be returned to the U.S. Treasury on an annual basis.
(n) Disposition of Detained Amounts. Eighty percent of the retained amounts, together with interest earned thereon, shall be used solely for the eligible costs of the expansion or reconstruction of treatment works associated with the project and necessary to meet the requirements of the Federal Act. The Municipality, prior to commitment of the retained amounts, shall obtain the written approval of the U.S. Environmental Protection Agency for any expansion or reconstruction. The remainder of the retained amounts may be used for such expenditures of the wastewater system as the Municipality deems appropriate.
(o) Investment of Retained Amounts Required. Pending use, the grantee shall invest the retained amounts for reconstruction and expansion in obligations of the U.S. Government or obligations guaranteed as to principal and interest by the U.S. Government or any agency thereof, or shall deposit such amount 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.
(p) Records. The Municipality shall maintain the necessary records for the determination of each user's share of the costs and shall develop the billing and collection information as required under this section.
(q) Responsibilities of Director of Finance. The Director of Finance shall be responsible for the investment and expenditure of all moneys collected for industrial cost recovery in accordance with this section.
(r) Monitoring Required. The Municipality shall maintain a program of monitoring industrial user discharges as it deems necessary, provided that any major contributing industry shall be monitored not fewer than twelve times annually. All other industrial users shall be monitored at such frequency as is deemed necessary by the Municipality for the determination of the load of the industrial user.
(s) Appeals. Industrial users and all other users, or classes of users subject to the industrial cost recovery requirements of this chapter shall have the right of administrative appeal regarding the reasonableness of allocations and assessments imposed under the industrial cost recovery system.
Grievances shall be submitted in writing to the Engineer. Such submittals shall clearly and concisely detail the nature of the grievance and the proposed remedy. On the basis of facts contained in the appeal, and any other pertinent information, the Engineer shall, within thirty days, either cause the industrial cost recovery system to be adjusted appropriately or rule that there is insufficient cause to necessitate the adjusting of the industrial cost recovery system.
In the case of a denial by the Engineer, an appeal shall be directly transmitted to the Manager, who shall, within thirty days, likewise consider all pertinent facts and rule accordingly. The Manager shall be the final authority in the administrative appeal process.
(Ord. 93-70. Passed 11-4-93.)