(A) Industrial wastewater charges or surcharges shall be applied to industrial users.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
INDUSTRIAL USER.
(a) Any nongovernmental non-residential user of the town sewerage system that discharges more than the equivalent of 25,000 gallons per day (gpd) of sanitary wastewater and is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:
1. Division A - Agriculture, Forestry, and Fishing;
2. Division B - Mining;
3. Division D - Manufacturing;
4. Division E - Transportation, Communications, Electric, Gas, and Sanitary Services; and
5. Division I - Services.
(b) 1. In determining the amount of a user's discharge for purposes of classification, domestic wastewater discharges from sanitary conveniences shall be excluded.
2. After applying the sanitary waste exclusion, discharges in the above divisions that have a volume exceeding 25,000 gpd or the weight of biochemical oxygen demand (BOD) or suspended solids (SS) equivalent to that weight found in 25,000 gpd of sanitary wastes are considered industrial users. Sanitary wastes, for the purposes of this calculation of equivalency, are the wastes discharged from residential users.
(c) INDUSTRIAL USER shall also mean any other industrial, commercial or institutional user of the sanitary sewerage system that discharges
wastewater to the treatment works which contain toxic pollutants, poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other wastes, or contaminate the sludge at the treatment works, or to injure or to interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.
(d) INDUSTRIAL USER shall also mean any person discharging wastewater with concentrations in excess of 350 milligrams per liter for BOD or suspended solids or 30 milligrams per liter for ammonia nitrogen.
(C) (1) The industrial wastewater charges shall be established not less than one time per year and at the same time domestic user charges are established.
(2) Industrial wastewater charges shall be based on the actual costs for providing sewer services during the preceding fiscal year.
(3) The charges so computed along with projected increases in costs shall be the basis for estimating the increases in costs and shall be the basis for estimating the monthly billings to each customer for the following fiscal year.
(4) The charges collected shall be adjusted to actual costs at the end of each fiscal year and appropriate credits given against billings in the ensuing year, or additional billings made to each customer, using the actual wastewater quantities and characteristics discharged by that customer during the preceding fiscal year as the basis for computing the adjusted charges.
(5) The actual costs shall be determined as soon after the end of each fiscal year as possible and until the time the charges for the current year shall be based on either the rates for the prior year or on estimated rates for the current year.
(D) The costs included in the computation of actual charges for the preceding fiscal year, or of estimated charges for an ensuing fiscal year, shall include the following:
(1) Operation and maintenance expenses; and/or
(2) Interest and principal on outstanding sewer bond issues.
(E) Industrial wastewater surcharges, in addition to the normal charges calculated in accordance with § 52.097(C), will be established for each of the following parameters:
(1) BOD, per pound;
(2) Suspended solids, per pound; and/or
(3) Other parameters as applicable, per pound.
(F) The surcharges will be calculated by the following formula:
Surcharge = [O & M cost/unit of BOD + O & M cost/unit of Suspended Solids + O & M cost/unit of any pollutant] volume contribution of user/time
(G) (1) Industrial wastewater charges shall become effective on the first regular meter reading date for each user after the user is connected to the town system, and after written notice from the town of classification as an industrial user.
(2) Interim monthly charges based on domestic user charges shall be invoiced and collected during the period equitable industrial rates are being developed.
(3) At the time of adoption of these regulations there were no industrial dischargers on the town sewerage system.
(H) (1) The Town Board may establish classes of industrial users and assign representative strengths of wastewater to each. The class wastewater characteristics may recognize analyses of representative users of each class based on typical data from other sources.
(2) To the extent practical, actual data for each industrial user's wastewater shall be used.
(3) Industrial users assigned standard strength parameters may request sample analyses of wastewater.
(4) Upon determination of the characteristics on samples representative of the wastewater on not less than three working days, the characteristics shall be used in determining the charges until the wastewater may again be sampled.
(I) The Town Board may consolidate the component charges of the industrial wastewater charges into a single volume charge which includes the characteristic charges computed for a unit volume of 1,000 gallons. A weighted volume charge may be applicable to a class of users or to each user where his or her actual wastewater characteristics are known.
(J) (1) Industrial users exhibiting marked, seasonal load variations shall pay charges which recognize the dedication or reservation of capacity for the treatment of their seasonal peak operating loads, and any unusual operation and maintenance costs directly related to seasonal loads.
(2) This provision shall apply only to those industrial users whose peak loads exceed 10% of any capacity parameter and are at least twice its off season loads.
(K) The user charge system herein enacted shall take precedence over any preexisting agreements concerning the charges to be collected for providing wastewater treatment services or reserving capacity.
(Ord. passed 5-13-2002)