[Amended 8-6-1979 by Ord.
No. 5-79; 1-3-1989 by Ord. No. 1-89]
A.
Waste strength surcharge.
(1)
To recognize the character of industrial wastes, the base charge established in § 156-3 of this chapter shall be multiplied by an adjustment factor determined as follows:
|
Adjustment Factor = 1.00
|
+
|
BOD of Waste - 200
1,000
| ||
|---|---|---|---|---|
|
+
|
Suspended Solids - 200
1,000
| |||
|
+
|
(NH3 - N) - 20
100
| |||
|
+
|
Total P - 10
50
|
(2)
In the event that any term of the above formula results in a negative
number, such terms shall be disregarded. In the above formula, "BOD"
means the biochemical oxygen demand of the water expressed in milligrams
per liter (mg/l); "Suspended Solids" means the suspended solids in
the waste expressed in milligrams per liter (mg/l); "NH3 - N" means
the ammonia nitrogen concentration in the waste measured as nitrogen
expressed in milligrams per liter (mg/l); "Total P" means the total
phosphorus concentration in the waste measured as phosphorus expressed
in milligrams per liter (mg/l); all values are to be determined by
the duly appointed representatives of the Borough in accordance with
the methods prescribed or recommended in the latest edition of the
handbook entitled "Standard Methods for the Examination of Water and
Sewage," as published by the American Public Health Association or
as prescribed or recommended by other competent authority adopted
by the duly appointed representatives of the Borough.
(3)
Minimum charge. The minimum charge per quarter for any single industrial establishment shall not be less than that established in § 156-3 of this chapter.
(4)
Sampling of wastes. For the determination of waste strength, samples
of the wastes discharged into the Borough's sewer system by the
user shall be obtained by the duly appointed representatives of the
Borough at the property of such user in such manner as to obtain a
representative specimen of the waste so discharged, which may be composited
or weighed in proportion to the variations in the rate of flow of
such discharge. Samples may be obtained as frequently and for such
period as the duly appointed representatives of the Borough may deem
appropriate.
(5)
Determine of strength. Waste samples shall be analyzed by the duly
appointed representatives of the Borough, and the strength of the
wastes so determined shall be used in establishing the waste strength
adjustment applied to each user's volume charge. Any user may,
upon prior request, obtain for its own analysis a portion of the samples
taken by the duly appointed representatives of the Borough. In the
event of any difference of opinion regarding the strength of the waste,
the burden of proof shall be upon the user to establish the adequacy
of its method of preservation and analysis of the sample. No difference
of less than 10% in any such strength determination shall be considered
to be material. If such difference of opinion cannot be resolved,
a disinterested qualified analytical laboratory, acceptable to the
duly appointed representatives of the Borough, shall be present during
the sampling and shall be furnished a suitable portion of the sample
so obtained. If the waste strength established by such sampling and
analysis as determined by the disinterested qualified analytical laboratory
and the duly appointed representatives of the Borough differs from
the waste strength as previously determined by the duly appointed
representatives of the Borough by more than 10%, adversely affecting
the user or duly appointed representatives of the Borough, the duly
appointed representatives of the Borough shall revise the bill for
sewer service accordingly; but no such adjustment shall be retroactive
for more than three months.
B.
Industrial cost recovery (ICR) system.
(1)
Purpose. A sewage treatment works expansion project was initiated
in 1978. The United States Environmental Protection Agency (EPA) participated
in 75% of the eligible project costs. 40 CFR 35.905 of the Federal
Register requires all recipients of EPA grants to recover from industrial
users that portion of the grant amount allocable to the treatment
of their wastes.
(2)
Charges.
(a)
Flow (Q).
|
Quarterly Q Charge
|
($)
|
=
|
Industrial Q (gal/qtr)
19.345
|
|
[If industrial process flow is less than 2,250,000 gallons per
quarter, there is no ICR flow charge for that quarter.]
|
(b)
Biochemical oxygen demand (BOD).
|
Quarterly BOD Charge
|
($)
|
=
|
Industrial BOD (mg/l) x
Industrial Q (gal/qtr)
5,970.916
|
|
[If industrial process BOD is less than 191 mg/l, there is no
ICR BOD charge for that quarter.]
|
(c)
Suspended solids (SS).
|
Quarterly SS Charge
|
($)
|
=
|
Industrial SS (mg/l) x
Industrial Q (gal/qtr)
5,764,434
|
|
[If industrial process SS is less than 196 mg/l, there is no
ICR SS charge for that quarter.]
|
(d)
Phosphates (PO4).
|
Quarterly PO4 Charge
|
($)
|
=
|
Industrial PO4 (mg/l)
x Industrial Q (gal/qtr)
368,757
|
|
[If industrial process PO4 is less than
20 mg/l, there is no ICR PO4 charge for that
quarter.]
|
(e)
Ammonia (NH3).
|
Quarterly NH3 Charge
|
($)
|
=
|
Industrial NH3 (mg/l) x
Industrial Q (gal/qtr)
675,257
|
|
[If industrial process NH3 is less than
20 mg/l, there is no ICR NH3 charge for that
quarter.]
|
(3)
Sampling of wastes. For the determination of waste strength, samples
of the wastes discharged into the Borough's sewer system by the
user shall be obtained by the duly appointed representatives of the
Borough at the property of such user in such manner as to obtain a
representative specimen of the waste so discharged, which may be composited
or weighed in proportion to the variations in the rate of flow of
such discharge. Samples may be obtained as frequently and for such
periods as the duly appointed representatives of the Borough may deem
appropriate.
(4)
Determination of strength. Waste samples shall be analyzed by the
duly appointed representative of the Borough, and the strength of
the wastes so determined shall be used in establishing the ICR amount
applied to each user. Any user may, upon prior request, obtain for
its own analysis a portion of the samples taken by the duly appointed
representatives of the Borough. In the event of any difference of
opinion regarding the strength of the waste, the burden of proof shall
be upon the user to establish the adequacy of its method of preservation
and analysis of the sample. No difference of less than 10% in any
such strength determination shall be considered to be material. If
such difference of opinion cannot be resolved, a disinterested qualified
analytical laboratory, acceptable to the duly appointed representatives
of the Borough, may be engaged by the user to take and analyze samples,
but the duly appointed representatives of the Borough shall be present
during the sampling and shall be furnished a suitable portion of the
sample so obtained. If the waste strength established by such sampling
and analysis as determined by the disinterested qualified analytical
laboratory and the duly appointed representatives of the Borough differs
from the waste strength as previously determined by the duly appointed
representatives of the Borough by more than 10%, adversely affecting
the user or the duly appointed representatives of the Borough, the
duly appointed representatives of the Borough shall revise the bill
for industrial cost recovery (ICR) accordingly; but no such adjustment
shall be retroactive for more than three months.
(5)
Collection of ICR fees. ICR fees shall be collected in accordance with § 156-32 of this chapter.
(6)
Distribution of ICR fees. The duly appointed representatives of the
Borough shall return to the United States Treasury 50% of the ICR
fees collected. Forty percent of the fees collected shall be invested
in an interest-bearing account to be used solely for future treatment
works expansion or reconstruction. The remaining 10% shall be used
by the duly appointed representatives of the Borough at its sole discretion.
(7)
Appeals. If an industrial user feels that the allocations and ICR
assessments imposed against him are unreasonable, he shall request,
in writing, a hearing before the duly appointed representatives of
the Borough. The industrial user shall state his complaints at that
hearing. The user shall be notified of the duly appointed representatives
of the Borough's decision, in writing, sent by certified mail,
return receipt requested, and the user shall have the right of appeal
to the Court of Common Pleas of Berks County, Pennsylvania, said appeal
to be taken on or before the expiration of 30 days from the date the
return receipt shows delivery to the user.
(8)
Industrial users affected by the ICR system may review the Council's
administration of the ICR system by written request.
(9)
The ICR system shall remain in effect for a period of 30 years.
Whenever a person purchasing water from the Borough of Boyertown
and discharging industrial waste into the sewer system also discharges
water to either a separate storm sewer or other outlet, an allowance
for the amount of water so discharged shall be made in computing the
sewer charges. The person so discharging waters into a separate storm
sewer or other outlet shall, at his own expense, install a meter or
meters to indicate accurately the amount of water claimed as a credit.
