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.
C. 
However, all industrial users shall be required to make payments based upon the amounts of pollutants and flows (§ 126-7B) actually treated at the plant.
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.