As used in this chapter, unless the context specifically indicates otherwise, the meaning of terms used shall be as follows:
DRY INDUSTRIES
Industries which are not significant industrial users under the regulations (40 CFR 35.925-12).
DRY USERS
Industrial users [as defined in 40 CFR 35.905-9(a), (b), (c), (d) and (e)] which discharge only nonprocess segregated domestic wastes or wastes from sanitary conveniences.
EPA
The United States Environmental Protection Agency.
FWPCAA
The Federal Water Pollution Control Act Amendments of 1972.
ICR
Industrial cost recovery as defined by the EPA in its rules and regulations.
ICR PERIOD
Thirty years, commencing with the certification by the Town Engineer that the treatment facility is complete and has been built according to the approved plans and specifications or as otherwise provided in § 126-13 hereinafter.
ICR SYSTEM
All elements, ordinances, rules and regulations, SIC and/or other identification of industrial users, etc., necessary to develop, operate and implement a plan that will meet the requirements of Section 204(b)(1)(B) of FWPCAA, P.L. 92-500 (the Act), and will comply with EPA guidelines for an ICR system.
NPDES
The National Pollutant Discharge Elimination System.
NYS or DEC
The New York State Department of Environmental Conservation.
SIC
The Standard Industrial Classification Manual, published 1972, or the latest edition.
TOWN
The Town of Amherst, Erie County, New York.
USERS
Any person or owner depositing or discharging sewage or industrial wastes into any sanitary sewer in the Town.
The provisions of this chapter shall apply to all users of the Town's sanitary sewer system, including other municipalities by any arrangement or agreement and all users by contract and users by any other arrangement or agreement.
Before making any connection to the Town's sanitary sewer system, all users shall make application to the Town and shall have obtained a permit for said services. As a part of said application and as a condition for said services, each user shall agree to abide by the provisions of the rules and regulations as set forth herein.
The Town Board, at all times, has the right to review any and all permits for connections to the Town sanitary sewer system and to disapprove any and/or all such permits it may deem detrimental to the best interests of the sewer districts at any time during the rendering of service.
The Town has the right, upon reasonable notice to the property owner and upon the property owner's failure to make necessary repairs, to enter upon any user's property or premises at any time to repair any leak, break or other damage which, if left unrepaired, would or could be detrimental to the Town sanitary sewer system, and charge the cost thereof to the property owner.
It is understood by all users that construction of the Town sanitary sewer system is dependent upon a construction grant from the federal government pursuant to the rules of the EPA. Therefore, all users agree that as a condition for obtaining a permit to connect with facilities of the Town sanitary sewer system, each user shall be responsible for, and obligated to collect and pay to the Town sanitary sewer system, that portion of the federal grant allocable to the treatment of wastes from industrial users, all in accordance with Section 35.925-12, Rules and Regulations of the United States Environmental Protection Agency, relating to grants for construction of treatment works. These costs shall consist of, but not be limited to, the following charges:
A. 
User charges. The Town shall compute the local or Town use charge on an annual basis in accordance with the report entitled "Sanitary Sewer User Charge System For Sanitary Sewer Districts No. 1 and No. 16 and Tributory Districts Thereto — September 17, 1979" which was adopted by said Town Board on September 17, 1979.
B. 
Industrial cost recovery (ICR) plant facilities. The Town shall compute the ICR on an annual basis for the treatment of wastes in accordance with the formula set forth herein.