1040.33  COMMERCIAL AND INDUSTRIAL WASTE POLLUTANT STRENGTH SURCHARGE.
   (a)   This section is adopted to comply with applicable Federal law and regulations and the requirements of the settlement agreement in United States of America vs City of Detroit, et al., Civil Action No. 771100, United States District Court, Eastern District of Michigan, Southern Division, and, further, to require users of the public wastewater system to pay a surcharge that reflects the commercial and industrial users equitable share of the cost of wastewater treatment in excess of the strength of domestic sewage, and, further, has as its purpose the protection of public health and safety. Because of the widely varying quality characteristics of the sewage discharged by different users of the public sewer and the publicly owned treatment works, it is the objective of this section, further, to impose sewage charges that reflect the cost of treating sewage strength factors as well as sewage volume. These charges to commercial and industrial users will be in the form of a payment called a surcharge and will reflect industries' equitable costs of wastewater treatment in excess of the strength of domestic sewage. Sewage charges will be based on a volume rate and the surcharge will be based on volume of discharge and the strength of BOD, suspended solids and phosphorus or other pollutants present in the wastewater. If other pollutants are required to be surcharged under this chapter, under authorized variances or by special arrangement with the owner of the publicly owned treatment works, the rules and regulations adopted herein will apply, such rules and regulations being on file with the City Clerk.
   (b)   As used in this section, unless the context specifically indicates otherwise:
      (1)   "Biochemical oxygen demand" (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter, under standard laboratory procedure, in five days at twenty degrees Centigrade, expressed in terms of weight and concentration (milligrams per liter (mg/l)), as measured by standard methods.
      (2)   "Commercial user" means a user whose premises are privately owned and used to perform and/or sell services nd/or products for profit (e.g. retail and wholesale stores, restaurants, motels, gasoline stations) and discharge primarily domestic sewage.
      (3)   "Governmental user" means a user whose premises are publicly-owned facilities performing governmental functions (e.g. government office buildings, post offices, libraries, schools) and discharge only domestic sewage.
      (4)   "Indirect discharge" means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Federal Water Pollution Control Act, P.L. 92-500, as amended, into the public waste treatment system.
      (5)   "Industrial user" means a user whose premises are privately owned and are used for manufacturing a product from raw or purchased material and which discharge wastewater used in any way in the manufacturing process in addition to domestic sewage.
      (6)   "Industrial waste" means any liquid, solid or gaseous waste or form of energy, or combination thereof, resulting from any process of industry, manufacturing, business, trade or research, including the development, recovery or processing of natural resources.
      (7)   "Institutional user" means a user whose premises are owned by a non-profit organization pursuant to Section 501 of the Internal Revenue Code of 1986, as amended (e.g. churches and hospitals) and discharge primarily domestic sewage.
      (8)   "P" means phosphorus in the waste expressed in terms of milligrams per liter.
      (9)   "Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, Municipal and agricultural waste discharged into water.
      (10)   "Public sewer" means a common sewer controlled by a governmental agency or public utility.
      (11)   "Residential user" means a user whose premises are domiciles for single or multiple- family use and discharge only domestic sewage.
      (12)   "Suspended solids" means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering as measured according to standard methods.
      (13)   "User charge" means a charge based on units levied on a user of the system for the user's proportionate share of the cost of operation and maintenance (including replacement) of the system.
      (14)   "User surcharge" means a charge imposed on a user of the system who discharge sewage or wastes in excess of normal strength.
      (15)   "Wastewater" or "sewage" means spent water which may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, institutions or other land uses, including drainage water inadvertently present in such waste.
      (16)   "Wastewater system" or "sewer system" means any part or all of the property, structures, equipment, sewers, materials and/or appurtenances used in conjunction with the collection and disposal of wastewater, including the publicly owned treatment work (POTW).
   (c)   The Schedule of Industrial Waste Pollutant Strength Surcharges is hereby adopted and made effective for users of the wastewater system of the City. Such surcharges shall be computed as follows:
COMPUTATION OF INDUSTRIAL WASTE
POLLUTANT STRENGTH SURCHARGE
The industrial waste pollutant strength surcharge shall be computed in accordance with the following formula:
   SC=0.0624 V [a (BOD-275) + b (TSS-350) + c (P-12)]
WHERE:
SC   =   Pollutant strength surcharge fee in dollars for the billing period.
V   =   Volume of waste discharged in the billing period in Mcf (1,000 cubic feet).
"BOD"   =    Five-day biochemical oxygen demand of the waste expressed in milligrams per liter.
"TSS"   =    Total suspended solids in the waste expressed in milligrams per liter.
"P"   =   Phosphorus in the waste expressed in milligrams per liter.
a,b,c   =   Surcharge rates, $/pound for treating BOD, TSS and P, respectively.
0.0624 =   Factor which converts Mcf to MM lbs.
         a   =   $   0.082/pound
         b   =      0.083/pound
         c   =      1.321/pound
For purposes of surcharge computation, the values of pollutant strength shall not be less than the allowable values. The allowable values are:
               BOD - 275
               TSS - 350
               P - 12
The total sewerage charge for a particular industry would be the sum of the base flow charge and the surcharge would be calculated from the following formula:
         UC = V (R) + SC
WHERE:
UC   =         Total sewerage charge for the billing period in dollars.
V   =         Volume of waste discharged in billing period of Mcf.
R   =         Basic flow sewage rate as provided from time to time by Council.
SC   =         Surcharge in dollars as computed above.
(Ord. 1992-10.  Passed 1-21-92.)