Township of Upper Gwynedd, PA Article IX Charges, Fees and Surcharges

§ 155-42 Purpose; method of establishment.

It is the purpose of the article to provide for the recovery of costs from users of the POTW for the implementation of the program established herein. The applicable charges or fees shall be established by resolution and set forth in the Authority's Schedule of Charges and Fees.

§ 155-43 Types of fees.

A. The charges and fees established by the Authority may include the following:

(1) Fees for reimbursement of the costs of setting up and operating the required pretreatment program, including but not limited to legal, engineering and administrative costs.

(2) Fees for monitoring, inspections and surveillance procedures.

(3) Fees for reviewing accidental discharge procedures and construction.

(4) Fees for permit applications.

(5) Fees for filing appeals.

(6) Fees for consistent removal by the POTW of pollutants otherwise subject to federal pretreatment standards.

(7) Other fees as the Authority may deem necessary to carry out the requirements contained herein.

B. These fees relate solely to the matters covered by this Part 5 and are separate from all other fees chargeable by the Township or the Authority.

§ 155-44 Strength surcharge.

A. Any nonresidential user discharging waste to the POTW with a monthly average BOD concentration greater than 200 milligrams per liter (mg/l) or COD concentration greater than 400 mg/l and/or ammonia nitrogen concentration greater than 18.0 mg/l and/or total phosphorus concentration greater than 5.0 mg/l and/or total suspended solids concentration greater than 150 mg/l, in each case measured at the source, will pay a strength surcharge in addition to the applicable volume charge. Such strength surcharge shall be in addition to and not in substitution for any actions, remedies or penalties described herein. The strength surcharge shall be applicable for all daily maximum concentrations in excess of the requirements of this subsection. Such strength surcharge shall be in addition to and not in substitute for any actions, remedies or penalties described in Articles XI and XII hereof.

B. The strength surcharge shall be based on the operating costs for the POTW during the previous calendar year. A cost per pound of pollutant shall be determined by dividing the total annual operating costs, including general and office, treatment plant and operating reserve costs, by the total pounds of pollutants (BOD or COD, ammonia nitrogen, phosphorus and total suspended solids) treated during the same period. The resultant cost per pound of pollutant is then utilized to determine the surcharge amount. Strength surcharges are calculated according to the following general equation:

Surcharge

=

[(pollutant concentration - surcharge limit) x (total billing period flow, mg) x 8.34 x (cost per pound)]

C. No user shall, at any time, discharge a wastewater containing pollutants in excess of the daily and monthly average maximum limits established in § 155-40. If a compliance schedule is required, the industrial user shall develop a schedule and submit this schedule to the Authority for approval within 30 days of notification by the Authority. If the industrial user fails to submit a satisfactory compliance schedule within this thirty-day period, the Authority shall develop a schedule at the user's expense. If the industrial user is in violation of or is not making satisfactory progress in completing the requirements of the compliance schedule contained in the permit, the Authority shall impose civil penalties as directed in § 155-62C.

D. The strength of the total wastes used for establishing surcharges shall be determined by qualified industrial user discharge monitoring data and/or on at least one monthly twenty-four-hour composite sample collected by the Authority, or its designated representative. Additional samples may be required if repeated violations of the local limits occur.

§ 155-45 Flow surcharge.

The permitted flow is the purchased capacity of the collection system and the wastewater treatment facility operated by the Authority. Wastewater discharged in excess of this permitted flow by the permittee will be cause for a flow surcharge. The basis for this surcharge is the following:

A. When the recorded volume or flow of the wastewater exceeds any of the following stated permit limitations:

(1) Daily maximum flow.

(2) Five-day average flow.

(3) Daily average flow/month.

(4) Six-month total flow.

B. Each permittee has at least two of the above limitations.

C. The calculation used for flow surcharges is:

Flow surcharge

=

(recorded/reported flow in gallons - permitted flow in gallons) x cost per gallon as reflected in the discharge permit

D. Repeated flow surcharge conditions will require the permittee to purchase additional capacity for the collection system and wastewater treatment facility at the then current prescribed rate. Failure to do so in a timely manner is cause for the permittee to be subject to all of the enforcement actions available to the Authority.