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Sec. 24-46(1). Federal Requirement for an Industrial Cost Recovery (ICR) Program. As required by Public Law 92-500, this section provides for the recovery of industry's share of federal grant funding of the regional sewage collection and treatment facilities. The environmental protection agency's (EPA) regulations for industrial cost recovery read, in part:
"Each year during the industrial cost recovery period, each industrial user of the treatment works shall pay its share of the total (federal) grant amount divided by the recovery period thirty (30) years or the life of the facility, whichever is less."
Sec. 24-46(2). Use of Funds Collected by the ICR Program.
(a) Fifty (50) percent of the total ICR funds collected shall be invested in obligations guaranteed by the U.S. Government in accordance with federal regulations (40 C.F.R. 35.928-2C). These funds, along with interest earned, shall be returned to the federal treasury not later than one hundred twenty (120) days after the end of the fiscal year ending June 30.
(b) Pending use, forty (40) percent of the total ICR funds collected shall be invested in obligations guaranteed by the U.S. Government in accordance with federal regulations (40 C.F.R. 35.928-2C). These funds shall be used solely for eligible costs of expansion or reconstruction of treatment works associated with the project and necessary to meet the requirements of Public Law 92-500, as approved in writing by the regional administrator of the EPA.
(c) The ten (10) percent of ICR funds remaining shall be used to help defer the cost of enforcing this sewer use article.
Sec. 24-46(3). ICR Charges. In accordance with Public Law 92-500, all industrial users shall be required to pay ICR charges, unless excluded. An industrial user may be excluded from ICR charges if he meets the following criterion: The user discharges only nonprocess segregated domestic wastes, or wastes from sanitary conveniences (for example, the so-called "dry" industries) and is not a significant industrial user under the regulations (40 C.F.R. 35.925-12).
Sec. 24-46(4). ICR Charge Computation for Industrial Users.
(a) The ICR charge computation for industrial users is based upon the benefits and responsibilities for any given project allocated only to those users actually served by a given project. Furthermore, if a user benefits from only part of a project, then ICR funds are recovered only for that portion of the project which benefits the user.
The ICR computation for industrial users functions to encourage industrial development where it would have the least impact on the wastewater treatment and collection system as well as to distribute the cost of grant-funded capital improvements to those users directly responsible for such improvements.
(b) The ICR charges for an industrial user shall be computed according to the following formulas:
1.
Total treatment: | |
ICR = TGF × VCF × AWD DCT | |
+ TGF × CCF × ACD DCC | |
+ TGF × SCF × ASD DCS | |
2. Annual treatment: | ICR = Total Treatment ICR 30 years |
(See minor section 24-46(6)) | |
3. Interceptor: | ICR = IGF × PUF × PWD DCV |
4. Annual interceptor: | ICR = Interceptor ICR 30 years |
(See minor section 24-46(6)) | |
5. Total annual:I | |
CT = | Annual Treatment ICR + Annual Interceptor ICR |
TGF = | Treatment grant funds equals total EPA grant funds received for planning, design and construction of the treatment project to which the user is tributary and which is in operation at the beginning of the recovery period. |
VCF = | Volume cost factor, or the ratio of the costs allocated to volume to the total cost of grant improvements. Pending future capital cost analysis, this factor shall be assumed equal to .53 or 53% of the total cost of treatment works. |
AWD = | Average wastewater discharge as found on the user's industrial wastewater discharge permit. |
DCT = | Design capacity for treatment expressed as the average daily dry weather flow. |
CCF = | COD cost factor. This factor shall be assumed equal to .31 until detailed capital cost analysis shows otherwise. |
ACD = | Average amount of COD discharge taken from permit, in pounds per day. |
DCC = | Design capacity for COD, in pounds per day. |
SCF = | SS cost factor. This factor shall be assumed equal to .16 until detailed capital cost analysis shows otherwise. |
ASD = | Average amount of SS discharge taken from permit, in pounds per day. |
DCS = | Design capacity for SS, in pounds per day.
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IGF =
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Interceptor grant funds equals total EPA grand funds received from planning, design and construction of each interceptor project to which the user is tributary and which is in service at the beginning of the cost recovery period.
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PUF =
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Percent utilization factor equals the average percentage of EPA funded interceptor projects utilized (estimated by dividing the funded interceptor length tributary to the user by the total interceptor length).
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PWD =
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Peak wastewater discharge as found on the user's industrial wastewater discharge permit. Wastewater permits of major industrial users shall be amended at least annually following monitoring as required by minor section 24-43(5).
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DCV =
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Design capacity for volume equals total peak dry weather design capacity for all tributary interceptors. |
The above formula for total annual ICR charges reflects each industrial customer's annual contribution for federally funded treatment plants and individual federally funded interceptor projects which specifically benefit the industrial user.
Sec. 24-46(5). An industrial user's charge for ICR shall be reviewed no less than annually to include any new tributary grant funded projects in operation and to correct the ICR charge for any change in the user's wastewater discharge characteristics.
Sec. 24-46(6). The useful life of wastewater improvements will normally equal or exceed thirty (30) years. Thirty (30) years will be used as the maximum cost recovery period. Capital improvements with useful lives of less than thirty (30) years shall have a cost recovery period equal to the useful life of the project in accordance with EPA regulations.
Sec. 24-46(7). The total ICR recovered from an industry which discontinues use during the ICR period shall be the federal cost of the capacity used multiplied by the ratio of its period of use to the ICR period.
Sec. 24-46(8). A new industry which connects to a treatment works after such works has been put into service shall begin ICR payments on the date use is initiated and shall continue for the unexpired portion of the ICR period or until the industry ceases use of the facility, whichever occurs first. The total ICR recovered from a new industry shall be the federal cost of the capacity used multiplied by the ratio of its period of use to the ICR period.
(Ord. No. 4672, § 5, 6-20-77)
Sec. 24-47(1). Inspection of every facility that is involved directly or indirectly with the discharge of wastewater to the utility's sewage system may be made by departmental inspectors as deemed necessary by the director. These facilities shall include but not be limited to: sewers; sewage pumping plants; pollution control plants; all industrial processes; industrial wastewater generation, conveyance and pretreatment facilities, devices and connection sewers; and all similar sewerage facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this article.
Sec. 24-47(2). Adequate identification shall be provided by the director for all inspectors and other authorized personnel, and these persons shall identify themselves when entering any property for inspection purposes, or when inspecting the work of any contractor.
Sec. 24-47(3). Access to all of the above facilities or to other facilities directly or indirectly connected to the public sewerage systems shall be given to authorized personnel of the department of water and sewers at all reasonable times, including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the sewerage facility to be inspected shall promptly be removed by the facility user or owner at the request of the director, and shall not be replaced.
Sec. 24-47(4). No person shall interfere with; delay, resist or refuse entrance to an authorized inspector attempting to inspect any wastewater generation, conveyance or treatment facility connected directly or indirectly to the public sewerage system.
Sec. 24-47(5). Any trade secrets obtained through the permit process or in the course of implementation or enforcement of this article shall not be made public except to that extent necessary to enforce this article.
(Ord. No. 4672, § 5, 6-20-77)
Sec. 24-48(1). Any person violating any provisions of this article or any condition or limitation of a permit issued pursuant thereto, is guilty of a misdemeanor, and upon conviction is punishable by a fine not to exceed three hundred dollars ($300.00), and imprisonment not to exceed sixty (60) days, or both. Each day during which any violation continues shall constitute a separate offense punishable as provided above.
Sec. 24-48(2). Any person who intentionally or negligently allows discharge to the wastewater collection and treatment system any industrial wastewater which is detrimental to the treatment works or its proper and efficient operation and maintenance, shall be civilly liable to the city for a sum not to exceed six thousand dollars ($6,000.00) for each day in which such violation occurs. In the event of such violation, the director shall, upon authorization from the city manager, petition the courts to impose, assess and recover such sums expended by the department of water and sewers to correct the resultant damage to its sewerage systems.
Sec. 24-48(3). All charges for the industrial surcharge, for sampling and/or analysis of wastewater, for excessive sewer maintenance, for the annual treatability charge, or any other charge authorized by this article shall be paid within twenty (20) days of the date of the billing. After twenty (20) days from the date of billing the unpaid balance shall be subject to a basic penalty charge of ten (10) percent. Interest at the rate of one-half (0.5) percent per month shall accrue on the sum of delinquent payments and penalty charges compounded monthly.
Sec. 24-48(4). Wastewater dischargers existing on the effective date of this article who cannot comply with wastewater quality limitations with existing pretreatment equipment may receive a permit allowing discharge of wastes which are in violation of section 24-45 of this article. This permit will be valid for a period set by the director, which is consistent with the time required to install the equipment necessary to comply with the standards set forth in section 24-45. In no case shall this period for compliance exceed two (2) years. The above temporary permit shall require compliance with section 24-45, except where specifically stated in the permit. The permit holder shall be subject to treatability charges as outlined in minor section 24-43(4), and he is in no way relieved of any charges for excessive sewer maintenance resulting from discharges which adversely affect the sewage collection and treatment facilities.
Sec. 24-48(5). Should measurements or other investigations reveal that an industrial discharger is discharging waste volume or pollutant quantities in excess of those permitted by the discharge permit, or in excess of the quantities reported to the utility by the discharger, the discharger shall apply for an amended permit and shall be assessed for delinquent charges with penalty and interest as outlined in minor section 24-48(3) above. For purposes of determining that the discharger is exceeding reported or permitted values, the following metering and/or sampling data shall be considered adequate:
The sample analysis and/or metering data must show that on three (3) separate twenty-four-hour periods, the discharger exceeded the reported or permitted wastewater quality or quantity parameters by ten (10) percent or more. For the purpose of estimating delinquent charges any discharger found in violation shall, in the absence of other evidence or previous discharge verifications, be presumed to have been discharging the preceding three (3) years at the determined parameter values.
Sec. 24-48(6). Suspension of Permit for Industrial Wastewater Discharge. The director may suspend a permit for industrial wastewater discharge for a period not to exceed forty-five (45) days when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment or to the city's sewerage system.
Any discharger notified of a suspension of his industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the director shall take such steps as are reasonably necessary to ensure compliance.
Any suspended discharger may file with the director a request for an appeal board hearing in which event the appeal board shall meet within fourteen (14) days of the receipt by the director of such request. The board shall hold a hearing on the suspension and shall either confirm or deny the action of the director. Reasonable notice of the hearing shall be given to the suspended discharger in the manner provided for in minor section 24-48(8), five (5) days prior to the hearing date. At this hearing, the suspended discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his own behalf. In the event that (a) the board fails to meet within the time set forth above, or (b) fails to make a determination within five (5) days after the close of the hearing, the order of suspension shall be stayed until a determination is made either confirming or revoking the action of the director.
The director shall reinstate the industrial wastewater permit upon proof of satisfactory compliance with all discharge requirements of the city. Upon the failure of the suspended discharger to meet the requirements of the city, the director shall institute a separate revocation hearing pursuant to minor section 24-48(7).
Sec. 24-48(7). Revocation of Permit for Industrial Wastewater Discharge. The appeal board may revoke a permit for industrial wastewater discharge upon a finding that the discharger has violated any provision of this article. No revocation shall be ordered until a hearing on the question has been held by the appeal board. At this hearing the discharger may appeal personally or through counsel, cross-examine witnesses and present evidence in his own behalf. Notice of the hearing shall be given to the discharger in accordance with minor section 24-48(8) at least fifteen (15) days prior to the date of hearing.
Any discharger whose industrial wastewater permit has been revoked shall immediately stop all discharge of any liquid-carried wastes covered by the permit to any public sewer that is tributary to a sewer or sewerage system of the city. The director may disconnect or permanently block from such public sewer the industrial connection sewer of any discharger whose permit has been revoked, if such action is necessary to ensure compliance with the order of revocation.
Before any further discharge of industrial wastewater may be made by the discharger, he must apply for a new city permit for industrial wastewater discharge, pay all charges that would be required upon initial application together with all delinquent fees, charges and penalties, and such other sums as the discharger may owe to the city. Costs incurred by the city in revoking the permit and disconnecting the industrial connection sewer shall be paid for by the discharger before issuance of a new permit for industrial wastewater discharge.
Sec. 24-48(8). Notice of Violation.
(a) The director shall notify any person found to be in violation of this article or of any limitation or requirement of a permit issued hereunder except where the director finds that there is an imminent hazard to public health, safety or welfare, to the local environment or to the city's sewerage system. The director shall take no enforcement action under this article until ten (10) days from date notice is given, unless a different time period is required by law.
(b) Any notice required to be given by the director under this article shall be in writing and served by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the director. Where the address is unknown, service may be made the owner of record of the property involved.
(c) Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.
Sec. 24-48(9). Enjoinment From Discharge. Any holder of a permit for industrial wastewater discharge may be enjoined from discharging all industrial wastewater to the sewerage system until such person has complied with this article.
(Ord. No. 4672, § 5, 6-20-77)
Sec. 24-49(1). Except in cases brought under minor section 24-48(6), any user, permit applicant, permit holder or other person affected by any decision, action or determination made by the director or his staff, interpreting or implementing the provisions of this article or on any permit issued herein, may file with the director a written request for reconsideration within ten (10) days of such decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration. The director shall act upon the request in writing within thirty (30) days from the date of filing.
Sec. 24-49(2). If the ruling made by the director is not acceptable to the person requesting reconsideration, he may within ten (10) days after notification of the director's action, file a written appeal to the appeal board designated by the mayor and council with the responsibility and authority to rule on appeals. The written appeal shall be heard by the mayor and council or the appeal board within thirty (30) days from the date of filing, and a ruling on the appeal shall be made within forty-five (45) days from the date of filing. Failure to rule shall be deemed a denial of the applicant's request.
Sec. 24-49(3). Any user, permit applicant or permit holder shall take immediate action as required to abide by any decision, action or determination, including cease and desist orders if such immediate action is requested by the director to protect the public from a serious threat to health or property. In situations other than that given in minor section 24-49(2), the person requesting reconsideration by the director or his staff may delay compliance to a decision, action or determination until notified of the director's ruling on the appeal. The director's ruling on any appeal shall be complied with during any period of further appeal to the appeal board.
Sec. 24-49(4). The determination of the board of appeals of a suspension, revocation or any other appeal is final. Further action shall be taken by the aggrieved party in the superior court.
Sec. 24-49(5). Hearings of the board of appeals shall be open to the public. Notice of the time and place of the public hearing shall be given at least fifteen (15) and not more than thirty (30) calendar days prior to the hearing by:
(a) Publication at least once in a newspaper of general circulation published or circulated in the city;
(b) By posting notice in conspicuous places close to the property affected;
(c) Such other manner as is deemed desirable.
(Ord. No. 4672, § 5, 6-20-77)
Revenues derived from the industrial cost recovery shall be expended according to minor section 24-46(1) and (2).
(Ord. No. 4672, § 5, 6-20-77)
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