In addition to any other fees, charges, sewer
rents or taxes provided by law, the owner or tenant of any parcel
of real property connected with the sewer system by any means may
be subject to payment of an industrial waste surcharge for use of
the wastewater treatment works for discharging industrial wastes or
other wastes accepted for admission into the system. The industrial
waste surcharge shall consist of, but not be limited to, the following
charges:
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
The surcharge shall be computed by the Director using the following surcharge formulas and shall apply to industrial users as defined in § 220-70.
A. 
For operation and maintenance charges:
B. 
For debt service charges:
C.Â
Where:
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OMC =
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Industry share of the annual operation and maintenance
charges.
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A =
|
Annual operation and maintenance cost of the
treatment facility.
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V =
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Average daily volume discharged by the industrial
user.
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Q =
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Average daily flow of treatment facility influent.
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CI =
|
Average COD of daily indirect discharge for
sample(s) taken during the pretreatment year of July 1 to June 30
(pounds per day).
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CP =
|
Average daily COD (pounds per day) of treatment
facility influent.
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BI =
|
Average BOD5 of daily
indirect discharge for sample(s) taken during the pretreatment year
of July 1 to June 30 (pounds per day).
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BP =
|
Average daily BOD5 (pounds
per day) of treatment facility influent.
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TI =
|
Average TOC of daily indirect discharge for
sample(s) taken during the pretreatment year of July 1 to June 30
(pounds per day).
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TP =
|
Average daily TOC (pounds per day) of treatment
facility influent.
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SI =
|
Average suspended solids of daily indirect discharge
for sample(s) taken during the pretreatment year of July 1 to June
30 (pounds per day).
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SP =
|
Average daily suspended solids (pounds per day)
of treatment facility influent.
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Xo =
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Percent of operation and maintenance costs attributable
to flow.
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Co =
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Percent of operation and maintenance attributable
to COD.
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To =
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Percent of operation and maintenance attributable
to TOC.
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Yo =
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Percent of operation and maintenance attributable
to BOD.
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Zo =
|
Percent of operation and maintenance attributable
to suspended solids.
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DSC =
|
Industry share of annual debt service of treatment
facility.
|
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D =
|
Annual debt service cost of treatment facility.
|
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Xc =
|
Percent of local capital cost attributable to
flow.
|
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Cc =
|
Percent local capital costs attributable to
COD.
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To =
|
Percent local capital costs attributable to
TOC.
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Xc =
|
Percent local capital costs attributable to
BOD.
|
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Zc =
|
Percent local capital costs attributable to
suspended solids.
|
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U =
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Cost attributable to any other parameters for
which the treatment facility was designed to remove, such as but not
limited to phosphorus and nitrogen.
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D.Â
Industrial waste surcharge.
(1)Â
The
total industrial waste surcharge (IWS) will be based upon the industry
share of the operation and maintenance charges and annual debt service
less the adjusted share of any sewer rent payments made by the user.
The adjusted share of sewer rent (ASR) for operating and maintaining
and/or the capital costs of the POTW shall be calculated using the
following formula:
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ASR = SR [(A + D)/SF]
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Where: A and D have the meanings set forth in Subsection C hereof; SR shall equal the annual amount of any sewer rent charges paid by the user; and SF shall equal the total annual sewer fund operating budget as established by the City (as may adjusted by the Director to account for anomalies).
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(2)Â
The
IWS will be calculated using the following formula:
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IWS = (OMC + DSC) - ASR
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Where: OMC and DSC shall have the meanings set forth in Subsection C hereof.
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(3)Â
If
the ASR exceeds the sum of the OMC and the DSC, there will be no IWS
imposed and no reimbursement of SR.
(4)Â
Notwithstanding
the foregoing, in calculating the IWS for users located outside the
territorial limits of the City, the amount of the ASR to be deducted
from the sum of the OMC + DSC may not exceed the projected ASR for
that user’s facility if it were located within the territorial
limits of the City.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
The industrial waste surcharge shall be based upon the measured or estimated constituents and characteristics of the wastewater discharge of the user which may include, but are not limited to, flow rate, biochemical oxygen demand, total suspended solids, chemical oxygen demand and total organic carbon. The wastewater constituents and characteristics used to calculate the industrial waste surcharge will be those listed in § 220-37B of this Part 2, as well as those determined by the Director. Any data provided by the user may be used in addition to the data obtained by the Director.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
In applying the surcharge formulas, the Director
may represent flow discharged into the sewer system by:
A.Â
The amount of water supplied to the premises as shown
on the water meter or water records if the premises are metered;
B.Â
The volume of wastewater discharged into the sewer
system as determined by the measurements and samples taken at a monitoring
facility installed by the owner of the property served by the sewer
system;
C.Â
Allowances for water not discharged to the sewer system
will be made at the discretion of the Director; or
D.Â
A figure determined by the Director by any combination
of the foregoing or by any other equitable method.
A.Â
The pollutant concentration of any wastewater shall be determined from the analysis of representative samples taken prior to discharge into the City sewers, taken by representatives of the Director at sampling stations as described in § 220-51 of this Part 2 at any period or time or of such duration and in such a manner as the Director may elect, or at any place or manner mutually agreed upon between the user and the Director. The intent of any sampling procedure is to establish the pollutant concentration in the wastewater discharge during an average or typical working day. This concentration may be derived according to the best judgment of the Director.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
B.Â
The analysis of samples taken shall be performed in
a laboratory of the Department or a laboratory designated by the Director.
The industrial waste surcharge and/or the acceptability of the wastes
shall be determined from said analysis.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
C.Â
All surcharges shall be based on the analysis of the wastes from any plant or premises related to the total volume of wastes determined under § 220-73 of this Part 2. The average value of the concentrations of pollutants measured during a calendar year shall be used in calculating the industrial waste surcharge.
D.Â
Whenever the wastes discharged from a premises to
a public sewer might be expected to show appreciable periodic variation
during the year due to manufacturing process or production variation
due to seasonal changes, the Director may average the results of the
two or more series of analysis taken to reflect these variations and
thereby determine an average pollutant concentration.
[Amended 12-12-1988 by Ord. No. 88-91]
In the event that the pollutant concentration of the waste discharged from the premises to a public sewer as determined under § 220-74 of this Part 2 is disputed by a user, a program of resampling and flow measurement with subsequent analytical determination may be instituted as follows:
A.Â
The person must submit a request for resampling and
flow measurements of the wastes to the Director.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
B.Â
A consultant or agency of recognized professional
standing in the employ of the user must confer with representatives
of the Director in order that an agreement may be reached as to the
various factors which must be considered on a new sampling and flow
measurement program.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
C.Â
The consultant or agency of recognized professional
standing employed by the user shall conduct a resampling and reanalysis
program under the direction of the Director for at least two twenty-four-hour
periods.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
D.Â
The results of the resampling and the reanalysis shall
be considered to be the current analysis of the wastes discharged
to the sewer system and shall be used for determining the acceptability
of the sampling and analysis results in question. The new results
may be used in place of the results in question or in addition to
other data collected by the Department for determining the industrial
waste surcharge and/or compliance with this Part 2.
E.Â
All costs of sampling, analysis and flow measurement
are to be paid by the user.
A.Â
Industrial waste surcharge fees, industrial waste
discharge permit fees and any related fees shall be due within 60
days of issuance, except that if such day shall fall on a Saturday,
Sunday or public holiday, the payment shall be due on the first business
day following. The payment may be paid to the Director of Finance
of the City of Schenectady within a period of 15 days after it is
due and payable without any charge.
B.Â
Any such fee which is not paid within the grace period set forth in Subsection A preceding shall be deemed delinquent and shall bear the same rate of penalty or interest as that imposed on delinquent taxes on real property within the City, as well as cancellation of service by the Director. The City shall collect such penalties and interest on such delinquent fees.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
Industrial waste surcharge fees, industrial
waste discharge permit fees and any related fees shall be liens against
real property within the City to the extent set forth in § 452
of the General Municipal Law.
Pursuant to § 453 of the General Municipal Law, revenues derived from such fees are described in § 220-76 of this Part 2 shall be credited to the special fund known as the "Sewer Rent Fund" (§ 220-67 of this chapter). Disbursement therefrom shall be made pursuant to such section of the General Municipal Law.
