It is the purpose of this section to provide for the recovery of costs related to the POTW from all dischargers to the Borough's POTW. The applicable charges or fees shall be set forth in the Borough's schedule of charges and fees which may be adopted by either ordinance or resolution of the Borough Council.
[Amended 9-15-2010 by Ord. No. 1796; 12-21-2011 by Ord. No. 1816]
A. 
Sewer rates, charges and fees may be established and changed from time to time by resolution of the Borough Council and include, without limitation:
(1) 
Fees for reimbursement of costs for construction and operation of the POTW, as well as fees for setting up and operating the Borough's pretreatment program.
(2) 
Tapping fees.
(3) 
Fees for monitoring, inspections, and surveillance procedures.
(4) 
Fees for reviewing accidental discharge procedures and construction.
(5) 
Fees for permit applications.
(6) 
Fees for filing and conducting appeals.
(7) 
Fees for consistent removal by the Borough of pollutants otherwise subject to federal pretreatment standards.
(8) 
Fees for the various discharges into the POTW, including special fees for certain waste streams as deemed appropriate by the Borough.
(9) 
Other fees the Borough may deem necessary to carry out the requirements contained herein.
B. 
Strength surcharge.
(1) 
A user, with the permission of the Borough, may discharge wastewater to the Borough's wastewater treatment plant (WWTP) having concentrations of five-day biochemical oxygen demand (BOD5), total suspended solids (TSS), ammonia-nitrogen (NH3-N) and total phosphorus (TP) in excess of the average concentration of these pollutants in domestic sewage (hereafter referred to as "high-strength wastewater") in accordance with this § 323-19. For purposes of this section, domestic sewage shall be considered as having the following concentrations:
(a) 
BOD5: 230 mg/l;
(b) 
TSS: 200 mg/l;
(c) 
NH3-N: 25 mg/l;
(d) 
TP: 10 mg/l.
(2) 
Notwithstanding the above, the discharge of high-strength wastewater shall be prohibited, or the program will be amended, if deemed advisable by the Borough, if the discharge violates or has the potential to violate Article II of this Chapter 323 (referring to narrative or numeric prohibitions on discharges); in the event that the Borough's WWTP is or has the potential to be in violation of its NPDES permit limits; the Borough's WWTP receives new, stricter NPDES permit limits; or in the event that the Borough's WWTP is or has the potential to become organically overloaded.
(3) 
There shall be additional charges imposed by the Borough for the treatment of high-strength wastewater discharged by a user (hereafter "surcharges").
(a) 
These surcharges shall be calculated using the following formulas:
SQ1 = 8.34 x Qd x {(DBOD5 - 230) x TCBOD5} —
Additional charge for BOD5 treatment;
SQ2 = 8.34 x Qd x {(DTSS - 200) x TCTSS} —
Additional charge for TSS treatment;
SQ3 = 8.34 x Qd x {(DNH3N - 25) x TCNH3N} —
Additional charge for NH3-N treatment;
SQ4 = 8.34 x Qd x {(DTP - 10) x TCTP} —
Additional charge for TP treatment.
SQT = SQ1 + SQ2 + SQ3 + SQ4;
(b) 
The following shall apply to the formulas set forth hereinabove:
[1] 
"SQT" is the surcharge. The surcharge shall be assessed in addition to the user's basic sewer bill. The normal billing period shall be quarterly, unless a different billing period is identified by the Borough in writing (quarterly surcharge billing periods shall coincide with quarterly water use billing periods). The surcharge shall be based on the total pounds of BOD5, TSS, NH3-N and TP, greater than that of domestic sewage, discharged by the user during the billing period.
[2] 
"8.34" is a constant to convert concentrations expressed in mg/l to pounds.
[3] 
"Qd" is the total wastewater flow for the user, expressed in millions of gallons. This value shall be calculated based on the total water use at the facility for the billing period, unless the user can provide, to the satisfaction of the Borough, an accurate measurement of the total wastewater flow from a properly designed, installed, operated and maintained flow meter. Flow meter calibration records shall be provided to the Borough upon request. Flow measurements from deduct meters will be considered on a case-by-case basis, and their use in the surcharge calculations will be at the sole discretion of the Borough.
[4] 
"DBOD5," "DTSS," "DNH3N" and "DTP" are the respective average concentrations of BOD5, TSS, NH3-N and TP in the user's wastewater, expressed in mg/l, for the billing period. These values will be determined by periodic sampling of the user's wastewater and the completion of laboratory analyses on the wastewater samples. Samples will be collected and analyzed in accordance with state and federal requirements and at a frequency determined by the Borough to be appropriate to properly characterize the quality of the user's wastewater. The results of analyses on all samples, resamples, and split samples obtained by the Borough or user for the billing period shall be included in such average to determine DBOD5, DTSS, DNH3N and DTP. Results from samples which were not collected or analyzed following state and federal protocols will not be considered. The user shall be responsible for all costs of sampling and analyses associated with the calculation of high-strength wastewater surcharges.
[5] 
"230," "200," "25" and "10" are constants which express the waste concentrations for the respective constituents, in mg/l, contained in domestic sewage.
[6] 
A dollar-per-pound treatment cost will be determined by the Borough for every pound of BOD5 TSS, NH3-N and TP removed at the wastewater treatment plant on an annual basis. Annual operating, administrative, general, capital and/or debt service costs may be considered by the Borough in its determination of the dollar-per-pound treatment costs for these four parameters. The total annual treatment costs identified for each of these four parameters will be divided by the total pounds of each of these four parameters removed at the wastewater treatment plant to calculate the corresponding dollar-per-pound treatment costs. Dollar-per-pound treatment costs for these four parameters will be updated in annual intervals deemed appropriate by the Borough.
[7] 
"TCBOD5" is the dollar-per-pound treatment cost calculated by the Borough for BOD5.
[8] 
"TCTSS" is the dollar-per-pound treatment cost calculated by the Borough for TSS.
[9] 
"TCNH3-N" is the dollar-per-pound treatment cost calculated by the Borough for NH3-N.
[10] 
"TCTP" is the dollar-per-pound treatment cost calculated by the Borough for TP.
[11] 
In the event that a user's wastewater concentration contained in a sample or samples used for purposes of calculating the billing period average concentration of BOD5, TSS, NH3-N and/or TP is less than the domestic sewage concentration(s) values set forth in Subsection B(3)(b)[5] above, then the domestic sewage concentration(s) values set forth in Subsection B(3)(b)[5] above shall be used.