(a)   Commencing on the first day any publicly financed treatment works construction project, including a federal grant thereon, is placed in operation, there is levied and assessed on each industrial user of the treatment works an industrial cost recovery charge or rental. The industrial cost recovery charge is for the purpose of recovering from each industrial user that portion of the federal grant amount used to construct facilities for the treatment of its industrial waste. The recovery period for this amount shall be 30 years or the useful life of the project, whichever is less.
   (b)   An industrial user's share shall be based on all factors which significantly influence the cost of the construction project, including strength, volume, and delivery rate characteristics.
   (c)   The industrial cost recovery charges shall be as follows:
      (1)   $0.1152 per 1000 gallons of flow for transmission sewer.
      (2)   A deduction of $0.064 per employee per year for the transmission sewer shall be made from the above charge for domestic uses within the industry. Employment figures shall be furnished by the industry to the Municipality on a quarterly basis. The average number of employees for the quarter will be used in the deduction calculations. The above deduction is based on the average contribution to the industrial waste by each employee as follows:
Flow      4250 gal/year
B.O.D.   7.1 lb/year
SS      8.8 lb/year
Phosphorus   0.4 lb/year
   (d)   The Administrator shall establish and maintain a monitoring program to obtain the information required to assess the industrial cost recovery charges. The Administrator may require industry to collect and analyze samples and furnish the results to the Municipality.
   (e)   The Municipality shall retain 50% of the recovered amounts. The remainder, together with any interest earned thereon, shall be returned to the U.S. Treasury on an annual basis, beginning one year after the facilities are placed in service.
   (f)   A minimum of 80% of the Municipality's retained amounts, together with interest earned thereon, shall be used solely for eligible costs of expansion and reconstruction of the treatment works. The Administrator shall obtain written approval of the Regional Administrator of the EPA prior to commitment of these funds. The money so collected shall be kept in a separate account and shall be invested in obligations of the U.S. Government; obligations guaranteed as to principal and interest by the U.S. Government; or in accounts fully collateralized by obligations of the U.S. Government or by obligations fully guaranteed as to principal and interest by the U.S. Government or any agency thereof.
   (g)   The remaining amount of the retained amounts shall be deposited in the Sewage Utility Fund.
   (h)   All significant users of the wastewater treatment works shall furnish to the Administrator a signed letter of intent to pay that portion of all federal grant amounts allocable to the treatment of its wastes. Each such user shall include a statement of the industrial user's intended period of use of the treatment works.
   (i)   The Administrator shall review all new projects involving federal allocations to determine the industrial user class's influence on the capital costs of the project. The Administrator shall then assess an Industrial Cost Recovery charge, in addition to that defined in (c) above to obtain the required revenue from each industrial user.
   (j)   The Administrator shall be responsible for collecting and maintaining the needed records for implementation of this section.
   (k)   The Industrial Cost Recovery shall be in conformance to the requirements set forth in 40 CFR 35.928-1 and 2.
(1980 Code 51.08; Ord. 24-97.)