In addition to any other fees, charges, sewer
rents or sanitary district taxes provided by law, the owner or tenant
of any parcel of real property connected with the sewer system by
any means may be required to pay an industrial wastewater surcharge
for use of the wastewater treatment works for discharging industrial
wastes or other wastes accepted for admission into the system other
than normal sewage. The industrial wastewater surcharge shall consist
of but not be limited to the following charges:
The industrial wastewater 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 (BOD5), total suspended solids (TSS), total phosphorous
(TP), total nitrogen (TKN) and total organic carbon (TOC). The wastewater
constituents and characteristics used to calculate the industrial
waste surcharge will be those determined by the Board. Any data provided
by the user may be used in addition to the data obtained by the Board.
A.
The industrial wastewater surcharge shall be computed by the Manager using the following surcharge formulas and shall apply to all industrial users, as defined in § 222-10.
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Surcharge = 8.34 Q (Cx - Cx STP) $x + ...
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Where:
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Q
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=
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Flow of user's discharge in millions of gallons
per day.
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Cx
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=
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Concentration of parameter x in user's discharge
in parts per million.
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Cx STP
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=
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Sewage treatment plant design concentration
of parameter x in parts per million.
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$x
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=
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Unit charge for treatment of parameter x in
dollars per pound.
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B.
The unit charge for treatment of any parameter subject
to surcharge will be based on the sum of charges attributable to the
capital cost of the treatment facilities and the operation and maintenance
budget for that given year. "Capital cost" is defined as the total
annual debt service cost for the sewage treatment plant. The "operation
and maintenance cost" is defined as the net annual cost of operating
and maintaining the sewage treatment plant after crediting all operating
cost grants and aid.
C.
The unit charge for any parameter will include only
that portion of the capital and operation and maintenance costs which
are directly attributable to the treatment of that parameter. This
unit charge will be determined by the Board on an annual basis reflecting
current debt retirement and operation and maintenance costs.
D.
The unit charge ($x) for any
parameter (x) subject to surcharge will be determined as follows:
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$x
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=
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[Pcx (Capital Cost) +
Pox (Operation and Maintenance Cost)] ÷
365 ÷ Lx
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Where:
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Pcx
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=
|
Percentage of annual capital cost debt retirement
attributable to treatment of parameter x.
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Pox
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=
|
Percentage of annual operation and maintenance
cost attributable to treatment of parameter x.
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Lx
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=
|
Average sewage treatment plant influent loading
of parameter x in pounds per day.
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In applying the surcharge formula, the Board
may represent flow discharged into the sewer system by:
A.
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;
B.
The amount of water supplied to the premises as shown
on the water meter, or water records if the premises are metered.
Allowances for water not discharged to the sewer system will be made
at the discretion of the Board; or
C.
A figure determined by the Board by any combination
of the foregoing or by any other equitable method.
The pollutant concentration of any wastewater shall be determined from the analysis of representative samples taken prior to discharge into the sewers, taken by representatives of the Board at sampling stations as described in § 222-37 of this Part 2, at any period or time or of such duration and in such a manner as the Board may elect or at any place or manner mutually agreed upon between the user and the Board. 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 Board. The analysis of samples taken shall be performed in a laboratory of the treatment plant or a laboratory designated by the Board. The industrial waste surcharge and/or the acceptability of the wastes shall be determined from said analysis. All surcharges shall be based on the analysis of the wastes from any plant or premises related to total volume of wastes determined under § 222-50 above. The average value of the concentration of pollutants measured during a calendar year shall be used in calculating the industrial waste surcharge. 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 Board may average the results of the two (2) or more series of analysis taken to reflect these variations and thereby determine an average pollutant concentration.
In the event that a user disputes the pollutant concentration of his or her wastewater discharge determined in accordance with § 222-51 above, a program of resampling and flow measurement with subsequent analytical determination may be instituted as follows:
A.
The user must submit a request for resampling of the
wastes and flow measurement to the Board.
B.
An independent consultant or agency of recognized
professional standing in the employ of the user must confer with representatives
of the Board 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.
C.
The consultant or agency of recognized professional
standing employed by the user shall conduct a resampling and reanalysis
program, under the direction of the Board, for at least two (2) twenty-four-hour
periods.
D.
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 Board for determining the industrial waste
surcharge and/or compliance with the Board's rules and regulations.
E.
All costs of sampling, analysis and flow measurements
are to be paid by the user.
Payment of the industrial waste surcharge within the time period allotted by the Joint Sewage Board shall be made to the Board by the industrial user after receiving the industrial wastewater surcharge bill unless other arrangements for payment have been made and approved by the Board. A user's failure to submit timely payment of any industrial wastewater surcharge will subject the user to the penalties and fines prescribed under Article IX of this Part 2.
