§ 51.89  CITY SEWER USER CHARGE SYSTEM.
   (A)   This section shall apply exclusively to city users. There shall be three components to the sewer user charge system:
      (1)   Sewer user charge;
      (2)   Sewer user surcharge; and
      (3)   Capital recovery charge.
   (B)   The sewer user charge, sewer user surcharge and capital recovery charge shall be established and revised by the W.P.C.A. in accordance with Conn. Gen. Stat. § 7-255.
      (1)   Sewer user charge. The W.P.C.A. finds that the water consumption method is to be used for establishing a fair and reasonable charge for the use of the city's sewerage system. This method utilizes water consumption as the basis for calculating the volume of sewage discharged into the sewerage system, and a corresponding sewer user charge.
         (a)   Water consumption computation. Water consumption on each property connected to the city's sewerage system shall be determined by metering the supply of water to the property, where metered water supplies are used, or by estimating water consumption where water metering is not used, in accordance with division (B)(1)(a)1. below of this section.
            1.   Computation of water consumption from meter readings.
               a.   Water consumption of each property serviced by the city water department shall be computed in accordance with meter readings obtained from the city water department by the Bureau.
               b.   Water consumption of each property serviced by water utilities other than the city shall be computed as provided below. Pursuant to Conn. Gen. Stat. §§ 7-246 and 7-255, the W.P.C.A. is authorized to obtain from the Connecticut Water Company, 250 Meadow Street, Naugatuck, Connecticut 06770, its successors and assigns, and any other water utility providing water service to residents of the city, all records required by the Bureau to determine the consumption of water by customers of such utilities.
            2.   Computation of water consumption for non-metered properties and properties for which meter readings are not available. Water consumption of each property for which records of water consumption are not available shall be estimated by the Bureau or its designated agents, servants or employees, on the basis of records the Bureau has of water consumption of similar properties and uses. In order to expedite the estimate, the Bureau may require the owner of any such property to submit a sworn statement declaring its water consumption for the reporting period, the statement to be supported by any available records or other evidence of water consumption acceptable to the Bureau. The Bureau may also require the owner of any city property that is not metered, to install and maintain a water meter at the sole expense of the owner. Meters must be properly maintained and calibrated and be accessible to the Bureau or its designated agents, servants or employees.
         (b)   Volume of sewage discharged. Except as otherwise provided in this subchapter, a user's sewage discharge shall equal that user's water consumption.
         (c)   Sewer user charge calculation. Each city user shall be charged a sewer user charge based upon its volume of sewage discharged into the city's sewerage system. Each sewer user charge shall include the costs for wastewater collection and treatment system operation, maintenance and equipment replacement. Each city user's share of the costs shall be in proportion to the user's contribution to the total volume of sewage discharged to the city's sewerage system.
         (d)   Reduction of charges in certain cases. In any instance in which the Bureau determines that the water consumption of any particular city user is greatly disproportionate to the effluent actually discharged from the user's property into the sewerage system, and therefore determines that, if its sewer user charge was computed solely based upon its volume of sewage discharged (as defined in (B)(1)(b) above of this subchapter), the user in question would actually bear more than its proportionate share of the operation, maintenance and equipment replacement costs of the sewerage system, the Bureau may make any appropriate reduction in the user's water consumption, thereby reducing the user's sewer user charge.
      (2)   Sewer user surcharge.
         (a)   Applicability. Properties which discharge pollutant strengths in excess of 300 mg/l of five-day biochemical oxygen demand (BOD5) and/or in excess of 300 mg/l of suspended solids (SS) and/or in excess of 50 mg/l of nitrogen are subject to a sewer user surcharge.
         (b)   Calculation. The sewer user surcharge shall consist of and be calculated as follows;
            1.   BOD5 charge: $   *  per pound of BOD5, for that concentration of BOD5 exceeding 300 mg/l;
            2.   Suspended solids charge: $   *  per pound of suspended solids for that concentration exceeding 300 mg/l; and
            3.   Nitrogen removal charge: $   *  per pound of NH4-N for that concentration exceeding 50 mg/l.
(* The per pound BOD5, charge, suspended solids charge and nitrogen removal charge shall be established and revised by the W.P.C.A. in accordance with Conn. Gen. Stat. § 7-255.)
         (c)   Strength of sewage discharge. A city user's volume of sewage discharge shall be computed in accordance with division (B)(1) above. Strength of that sewage discharge shall be based either on:
            1.   Testing performed by the State DEP;
            2.   Information acceptable to the Bureau furnished by the user or an independent test laboratory; or
            3.   Testing performed by the Bureau or its designated agents, servants or employees.
         (d)   Access. All sewage discharges are subject to review and inspection by the Bureau. The Bureau shall have the right to gain access to the waste stream and take its own samples. Should the Bureau do so and should the results be substantially different from the data submitted by the user, as determined by the Bureau, the sewer user surcharge for that user shall be revised for the next billing cycle period.
         (e)   Certification statement. Each non-municipal tax exempt user (Class B) and each commercial/industrial user (Class C) shall file with the Bureau or its authorized agent, a certification statement setting forth therein the users's identity and other information pertinent to calculating that user's sewer user surcharge, in a form provided by and acceptable to the Bureau. The frequency at which this form must be filed shall be determined by the Bureau. At a minimum, the certification statement shall be submitted annually.
         (f)   Failure to file certification statement. The penalty for a user's failure to file its certification statement, as required by this subchapter, shall be $250 for each such failure to file. If a user fails to file its certification statement, the Bureau shall estimate the delinquent user's sewer user surcharge.
      (3)   Capital recovery charge. All city users shall be charged a capital recovery charge to recover the annual debt service costs associated with sewerage system improvements. The capital recovery charge will be assessed to each city user based upon the volume of sewage the city user discharged into the city's sewerage system in the previous fiscal year, computed in accordance with division (B)(1) above.
(Ord. passed 9-20-1999)