A.
The Town shall be responsible and collect the proper amount of federal
funds from industrial users and determine that each industrial user
is treated fairly and consistently and assessed ICR payments in accordance
with applicable law and generally accepted accounting principles.
B.
ICR payments shall be in proportion to those industrial wastewater
characteristics which influence the cost of construction of the treatment
works. These characteristics include flow, biochemical oxygen demand,
suspended solids, nutrient removal and such others that may be appropriate.
The Town will allocate the construction costs of the interceptor sewers
(those sewers funded by EPA Grant No. C-360618; Town Job No. 70-6)
to industrial users based on the design discharge from such users
as a percentage of the design flow in the interceptor sewer. Such
allocation of the cost will be based on the portion of the interceptor
sewer downstream from the industrial discharge.
C.
The following shall be taken into consideration relative to the computation
of the individual industrial user's ICR payment, which will annually
be computed following the format as set forth on Table 4.
(1)
If an industrial user's maximum flow (hourly, daily, monthly,
seasonally, etc.) contributes to the cost of consideration of a treatment
works, it shall be the basis for the user's ICR payment. No credit
shall be given to the industrial user for the time period when the
user is not operating and not discharging wastewater.
(2)
Industrial users discharging uncontaminated cooling waters into municipal
treatment facilities shall have such cooling water considered a process
waste, and it shall be included in the ICR computations.
(3)
The cost of wastewater collection and treatment facilities, designed
with unreserved excess capacity for expanded future use, will not
be recovered from existing users under EPA guidelines.
(4)
Industrial cost recovery shall be based on Step 3 construction and
administrative costs, plus related Step 1 and Step 2 costs. Step 1
or Step 2 grant costs which do not result in actual Step 3 construction
are not allocable to individual industrial users and consequently
will not be recovered.
(5)
Industrial users discharging pretreated process wastes into the municipal
treatment facilities shall pay industrial cost recovery based on the
characteristics of the pretreated process wastes.
Industrial users may reserve capacity in the treatment works
(including used and unused capacity) through formal, written agreement
which shall be subject to industrial cost recovery as set forth below:
A.
In such cases, the industrial user shall be required to pay the full
ICR allocable to the capacity reserved. In the event that the industrial
user exceeds its reserved capacity, it shall be required to pay ICR
calculated on the full reserve capacity plus additional ICR for use
above the limits of the reserved capacity or any element thereof.
B.
In the event that the treatment works are expanded in the future
with P.L. 92-500 grant assistance, an industrial user who has executed
a reserved capacity agreement and has made ICR payments based upon
full reserved capacity will not incur additional ICR charges associated
with the cost of expansion until the industrial user's actual
use of the treatment works exceeds its reserved capacity.
C.
Industrial users with reserved capacity contracts will be required
to pay any additional ICR charges associated with the cost of upgrading
a treatment works.
A "new industry" is one which connects to a treatment works
after such treatment works has been put into service. ICR payments
by a new industry shall begin on the date use is initiated and shall
continue for the unexpired portion of the ICR period or until the
industry ceases use of the facility, whichever occurs first. Total
ICR recovered from a new industry shall be the federal design cost
of the capacity used (see Table 2) multiplied by the ratio of its
period of use to the ICR period.
A.
If an industrial user discontinues use of the treatment works (including
termination of any agreement for reserve capacity), its payment for
industrial cost recovery will cease. There is no requirement for other
industries presently using the treatment works to assume the portion
of the ICR payment which is unrecovered due to the departure of an
industrial user. Total ICR recovered from an industry which discontinues
use during the ICR period shall be the federal design cost of the
capacity used (see Table 2) multiplied by the ratio of its period
of use to the ICR period. A significant industry planning to discontinue
its use of the treatment facility during the ICR period must make
its intention known in the letter of intent required under 20 CFR
35.925-12.
B.
Likewise, if an industrial user's flow or any waste characteristic, as enumerated in § 126-7B changes as a result of flow equalization, pretreatment, change of process, etc., and it results in a higher unit cost for flow, biochemical oxygen demand, suspended solids, nutrient removal or other wastewater characteristic which influences the cost of construction of the treatment works for ICR purposes to other industrial users, the other industrial users shall not be required to make payments based upon any unit rate higher than their highest established rate.
An industrial user may wish to fulfill its industrial cost recovery
obligation by making a lump sum payment, in lieu of annual payments,
for its entire share of the cost of construction of the treatment
works. Such payments may be accepted by the grantee and either processed
as a normal ICR payment or set aside in a separate account to be drawn
annually for the remainder of the industrial cost recovery period.
Lump sum payments will not relieve an industrial user from the obligation
of making additional future payments should its wastewater flow or
load increase. Discounts from the total industrial cost recovery requirement
will not be given to industrial users making advanced ICR payments.
Section 204(b)(1)(B) of the Act supersedes and nullifies any
and all state or local laws and ordinances and orders in conflict
therewith. Any agreement between the Town and any industry, or between
the Town and any other political jurisdiction or other party, which
purports to relieve any industry from payment of the federal share
of the grant or which purports to limit the power of a Town to demand
collection of the federal share of the cost of construction from each
industrial user will not be grounds to circumvent or avoid the requirements
of Section 204(b)(1)(B), EPA regulations, and ICR/EPA guidelines.
A.
The industrial cost recovery period will commence when the Town Engineer's
certificate of compliance is filed. However, at the time any element
of a treatment works funded by the federal construction grant becomes
operable, it must be placed in the ICR system, and the ICR period
will begin from the date of beneficial use by the first industrial
user.
B.
Immediately after the ICR period begins, the Town shall establish
the accounting period for the ICR system, which shall be based on
the calendar year or any other appropriate annual period that the
Town may establish. Adjustment for individual industrial users shall
be made where appropriate and necessary to maintain administrative
integrity and simplicity.
C.
Not later than 30 days after the ICR period begins, the Town shall
notify the Regional Administrator, in writing, of the date of this
implementation of the ICR system. The first payment to the Town by
the industrial users shall be made not later than one year after the
beginning of the ICR period.
A.
The Town's proposed ICR system and plans are subject to an administrative
appeal procedure under this section by individual industrial users
who wish to have an opportunity to be heard regarding the reasonableness
of the allocations and ICR assessments imposed upon them.
B.
Such appeals shall be made in writing to the Town Board 30 days before
their regularly scheduled meeting. Upon receipt of such notice, the
Town Board will schedule a hearing before the Appeal Board, which
will be appointed by the Town Board to hear said appeal, within 10
days of receiving of such appointment. Said Appeal Board shall consist
of at least the following: Town Engineer, Town Comptroller, Town Attorney,
Town Assessor, Chairman of the Town Board Sanitary Sewer Committee
and two members who are citizens of the Town of Amherst.
C.
All requests for appeals must be completely documented at the time
the appeal is requested. Such documentation shall not be limited to
flow measurements, strengths, citation of ordinances, rules and regulations,
computations, etc. Three copies shall be submitted with the request
for appeal.
D.
The Town Board and/or Town Engineer may request additional information,
and the industrial user making the appeal shall furnish all requests
for such information at least 20 days before the hearing is scheduled.
E.
Others affected by the ICR system may obtain local review of the
grantee's administration of the ICR system, in accordance with
the procedures outlined above.
