§ 52.047 SURCHARGES.
   The amount of the surcharges will be based upon the following.
   (A)   The volume of flow used in determining the total discharge of wastewater for payment of user charges and surcharges shall be based on the following:
      (1)   Metered water consumption as shown in the records of meter readings maintained by the town;
      (2)   If required by the town or at the individual discharger’s option, other flow-monitoring devices which measure the actual volume of wastewater discharged to the sewer. Such devices shall be accessible and safely located, and the measuring system shall be installed in accordance with plans approved by the town. The metering system shall be installed and maintained at the user’s expense according to arrangements that may be made with the town;
      (3)   Where any user procures all or part of his or her water supply from sources other than the town, the user shall install and maintain, at his or her own expense, a flow-measuring device of a type approved by the town; and
      (4)   If a person discharging wastes into the sanitary sewer system produces evidence to the Director that more than 10% of the total annual volume of water used for all purposes does not reach the town sanitary sewer, an estimated percentage of total water consumption to be used in computing charges may be agreed upon between the Director and the person discharging industrial wastes into the sewer.
   (B)   The determination of the character and concentration of the constituents of the wastewater used in determining surcharges shall be collected in such a manner as to be representative of the actual discharge and shall be analyzed using procedures set forth in 40 C.F.R. part 136.
   (C)   The determination of the character and concentration of the constituents of the wastewater discharge by the POTW Director or his or her duly appointed representatives shall be binding as a basis for charges.
   (D)   Users discharging industrial wastewater into the sanitary sewer shall pay a surcharge amounting to the costs enumerated in division (E) below for treating all wastewater having a COD in excess of 700 ppm, a suspended solids concentration in excess of 300 ppm, or an NH3 in excess of 15 ppm by weight. This surcharge shall be in addition to any existing sewer service charge and is based on the quarterly monitoring sample.
   (E)   The surcharge shall be computed as follows: When the concentration of COD, suspended solids, or NH3 in the industrial waste discharged to the town’s sanitary sewers exceeds the prescribed limits, a monthly surcharge shall be imposed upon the offending industrial user’s sewage flow when the excess is calculated using the industrial plant water flow and the difference between the actual COD, suspended solids, or NH3 concentration and the permissible limits of 700 mg/l, 300 mg/l, and 15 mg/l respectively.
      (1)   (a)   The sewer surcharge shall be established by the town at a regular Council meeting in November for the following calendar year. This surcharge shall be invoked, as herein provided, in addition to the existing regular sewer service charge. The sewer surcharge shall be applied beginning with the December utility billing and during subsequent months during the calendar year. The surcharge shall reflect the total cost of treating the excess pounds of industrial waste including necessary cost of administration of the sewage plant and this chapter.
         (b)   In addition, each industrial user affected by the surcharge shall submit to the POTW Director a current list of raw chemicals and other materials used in their manufacturing process. The method used to determine the surcharge amount shall consist of dividing the total treatment plant, which is affected by COD, SS, or NH3 (including the applicable administrative and plant debt service), for the preceding fiscal year by the total treatment plant design poundage of COD, suspended solids, or ammonia. The POTW Director shall make a report to the Council each quarter of all activities conducted hereunder.
      (2)   (a)   The surcharge shall be billed and payable monthly on a separate bill rendered to the proper users by the Town Water Department. Said bills will be sent through the United States mail notifying all users of the amount and date due. Failure to receive notice is not an excuse for nonpayment of bills. Users not having paid their bills within 15 days of date of billing will be delinquent. Notice shall be sent to them through the United States mails.
         (b)   If after ten days’ notice, given as above, a bill remains unpaid, the water connection serving the premises will be severed and will not be turned on again until said bill is paid. In case a user discharging wastes into the town sanitary sewer system does not procure his or her water supply from the town and becomes delinquent in his or her payment of the aforesaid surcharge, his or her connection with the town sewer system will be severed and will only be reconnected at his or her expense.
      (3)   (a)   Surcharge bills for a user having a private water supply remaining unpaid within 30 days of the date of billing shall be delinquent.
         (b)   A notice shall be mailed to the user informing him or her of the delinquent status of his or her account, and if, after five days from the date of mailing, the notice of the bill remains unpaid, the user’s connection with the wastewater treatment system will be severed and will only be reconnected at the user’s expense and upon payment of all charges due.
         (c)   Upon the severing of the connection with the sanitary sewer, the Director shall notify the State Division of Water Quality of his or her action and the resulting possibility of a discharge to the surface waters of the state.
      (4)   All applications for the discharge of industrial wastes into the public sewers shall be made to the POTW Director. Approval will be granted to such applications when evidence is submitted by the applicant that the discharge of wastes into the public sewer will comply with this chapter.
(Prior Code, § 28-199) (Ord. 11-00, passed 9-7-2000)