A. 
There shall be and is hereby established an industrial cost recovery (ICR) system for the City sewer utility. In accordance with the Federal Clean Waters Act such system shall establish unit charge rates to recover that portion of Federal Construction Grants Numbers C-34-416-01, 03 and 04 which is allocable to the treatment of industrial wastes.
B. 
Industrial cost recovery unit charge rates shall be based on the amount of federal funds allocable to wastewater parameters of flow, five-day biochemical oxygen demand (BOD) and suspended solids (SS) divided by the treatment works design capacity of each parameter. Such charge rates shall be established as annual rates based on a thirty-year ICR period. The ICR unit charge rates for year 1980 are:
(1) 
$13.09 per year per 1,000 gallons per work day.
(2) 
$6.47 per year per pound five-day BOD per work day.
(3) 
$0.27 per year per pound SS per work day.
In accordance with 40 CFR 35.905, an industrial user, for the purpose of administering the industrial cost recovery program, shall be defined herein as any user which satisfies either or both of the following conditions:
A. 
Any nongovernmental, nonresidential user of a publicly owned treatment works which discharges more than the equivalent of 25,000 gallons per day (GPD) of sanitary wastes and which 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.
(5) 
Division I: Services.
The equivalent of 25,000 GPD of sanitary waste shall be defined as 25,000 GPD, and/or 42.5 pounds per day (PPD) of five-day BOD, 50.0 pounds per day (PPD) of (SS).
In recognition of domestic wastewater from an industrial user's employees, the utility shall reduce each industrial user's total flow and strength by the following factors prior to final determination of industrial users: 20 GPD per employee; .075 PPD five-day BOD per employee; .075 PPD SS per employee.
B. 
Any nongovernmental user of a publicly owned treatment works which discharges wastewater to the treatment works which contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly, or by interaction with other wastes, to contaminate the sludge of any municipal systems, 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.
A new industry shall be an industrial user, as defined herein, which connects to the treatment works after the ICR system is operational. ICR payments will begin on the date use is initiated and continue for the unexpired portion of the ICR period or until the industry ceases use of the facility. New industries shall pay the same unit charge rates as existing industries.
A. 
Charges for the ICR system shall be made semiannually. In the event that charges for ICR are not paid within 30 days after rendition of the bill for such charges, such charges shall be deemed and are hereby declared to be delinquent, and, thereafter, each delinquency shall constitute a lien upon the real estate for which such service is supplied unless otherwise prohibited by law, in the same manner and to the same extent as is presently applicable to delinquent water bills.
B. 
Any of the utility's users can object in writing to the utility for a determination with respect to any billings which are alleged to be incorrect.
Collection of the ICR charges herein established shall commence upon completion of the treatment works funded by Federal Grant Numbers C-34-416-01, 03 and 04 and continue for 30 years thereafter if not otherwise modified by the Congress and the EPA.
A. 
In accordance with CFR 35.928-2, the City shall use industrial cost recovery payments received from industrial users as follows:
(1) 
Return 50%, together with any interest earned, to the U.S. Treasury annually.
(2) 
Retain the remaining 50%.
B. 
A portion of the amounts retained by the City shall be used to pay the incremental cost of administration of the industrial cost recovery system. The incremental costs, which will be segregated from all other administrative costs, are those costs remaining after deducting all costs reasonably attributable to the administration of the user charge system. A minimum of 80% of the amounts the City retains after paying the incremental costs of administration, together with any interest earned, shall be used for the allowable costs of any expansion, upgrading or reconstruction of the treatment works necessary to meet the requirements of the Clean Water Act. The remainder of the amounts retained will be used as the City sees fit with the exception that they may not be used for construction of industrial pretreatment facilities or rebates to industrial users for costs incurred in complying with user charge or industrial cost recovery requirements.
C. 
The City shall deposit all funds recovered during the annual accounting period in interest-bearing accounts which are 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.
Upon the effective date of this article, a copy thereof properly certified by the City Clerk shall be filed in the office of the Clerk of Mercer County and shall be deemed notice to all industrial users serviced by the City of Trenton Sewer Utility of their liability for ICR.
This article shall become effective upon final adoption and publication in the manner provided by law, except that collections shall be subject to the provisions of § 309-53.