§ 51.160 INDUSTRIAL COST RECOVERY SURCHARGE.

   (A)   In addition to the applicable base user charges and debt service charges pursuant to §§ 51.157 and 51.158, and in addition to any applicable surcharge for wastes in excess of normal pursuant to § 51.159, all users in the industrial user class shall be levied an industrial cost recovery (ICR) surcharge in order that their proportionate share of the federal grant for the wastewater treatment plant improvements (Federal Project Number C 390957) will be recovered, provided, however, that pursuant to United States Pub. L. No. 95-217, § 24B, being 33 U.S.C. § 204(b) industrial users discharging the equivalent of 25,000 gallons a day or less, of any sanitary waste, which does not contain any pollutants that: interfere with the treatment processes, are incompatible, or contaminate or reduce the utility of the sludge treatment works are exempted from the surcharges required herein. Upon application in writing, the Superintendent shall make such determination. All users in the nonindustrial user class shall be exempt from the surcharges required in this section.

   (B)   The ICR surcharges shall be calculated as follows:

      (1)   Surcharges for flow for each billing period during a calendar year shall be based upon the design average flow for the wastewater treatment plant (expressed in 1,000 gallons/day): design average flow equals 920,000 gallons/day, (Qd = 920).

      (2)   (a)   The ICR surcharge per 1,000 gallons of water metered for each industry subject to the grant recover surcharges equals:

(Grant Amount + 30)
____________________
Qd x 365

         (b)   The “grant amount” shall be determined by their United States Environmental Protection Agency for Project No. C 390 957.

       (3)   The ICR surcharges for each billing period for industrial wastes having biochemical oxygen demand and suspended solids concentrations above the normal pursuant to § 51.052 shall be based upon the design BOD and suspended solids loading for the wastewater treatment plant (expressed in pounds per day): design BOD loading equals 1,534 pounds per day (Bd); design suspended solids loading equals 1,841 pounds per day (Sd).

      (4)   The ICR surcharge per pound of BOD in excess of normal equals:

0.25 x (Grant Amount + 30)
____ ____________________
Bd x 365

      (5)   The ICR surcharge per pound of suspended solids in excess of normal equals:

0.25 x (Grant Amount + 30)
____ ____________________
S d x 365

      (6)   Pounds of BOD per billing period subject to ICR surcharge shall be calculated pursuant to § 51.159(A)(6).

      (7)   Pounds of suspended solids per billing period subject to ICR surcharge shall be calculated pursuant to § 51.159(A)(7).

      (8)   The grant recovery provisions of this section shall remain in effect for a period of 30 years commencing on the date on which this chapter takes effect.

      (9)   The ICR surcharge revenues collected by the village shall be distributed as follows:

         (a)   Fifty percent of the ICR surcharges and any interest earned thereon, shall be reimbursed to the United States Treasury annually in accordance with United States Environmental Protection Agency regulations;

         (b)   1.   Forty percent of the ICR surcharges shall be retained by the village and may be used only for purposes of expansion and reconstruction of the wastewater treatment works;

            2.   Written permission must be obtained from the Regional Administrator of the United States Environmental Protection Agency before expenditures from these retained amounts can be made; and

            3.   Pending use, the village shall invest the retained amounts for reconstruction and expansion in accordance with the rules and regulations established by the United States Environmental Protection Agency.

         (c)   Ten percent of the ICR surcharges may be utilized by the village as deemed proper. There are no United States Environmental Protection Agency restrictions on how this portion of the ICR revenues can be expended.

      (10)   Formulas as contained in divisions (B)(4) and (B)(5) above shall be subject to adjustment as necessary, based upon an annual audit and review of the ICR surcharges.

   (C)   Surcharges levied pursuant to this section shall be billed annually or as otherwise established by the Village Council. The rates shall be as pursuant to § 51.161.

    (D)   Within the limitations of all applicable federal, state and local laws, the Federal Environmental Protection Agency shall have the right to audit industrial waste discharge records.

(Ord. 78-4, passed 2-13-1978; Ord. 78-8, passed 4-24-1978; Ord. 92-20, passed 9-28-1992)