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:
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.
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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).
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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.
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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.
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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.
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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.
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.
