[Code 1961 §21.04; CC 1983 §26-95]
Money collected under this Article, other than the industrial cost recovery charges levied pursuant to Section 705.360 of this Article, shall be kept in a separate fund and may be used only for the operation, maintenance, repair and expansion of the City water and sewer system.
[CC 1983 §26-97; Ord. No. 563 §§1 — 12, 8-21-1978]
A.
For
the purpose of this Section, an "industrial user" is defined as any user of a publicly owned treatment works which
meets one or both of the following criteria:
1.
Any non-governmental user of a publicly owned treatment works which
discharges more than twenty-five thousand (25,000) gallons per day
of sanitary waste, or a volume of process waste, or combined process
waste and sanitary waste, equivalent to twenty-five thousand (25,000)
gallons per day of sanitary waste. For the purpose of this Section
sanitary wastes are the wastes discharged from the average residential
user in the service area. The strength of the average residential
waste discharge within the service area has been determined to be
two hundred (200) milligrams per liter of biochemical oxygen demand
and two hundred twenty (220) milligrams per liter of suspended solids
and zero (0) milligrams per liter of N/A (other pollutants to be considered);
and/or
2.
Any non-governmental 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 injure or interfere
with any sewage treatment process, constitute a hazard to humans or
animals, create any hazard in or have an adverse effect on the waters
receiving any discharge from the treatment works.
B.
All
existing and/or future users which contribute wastewater to the facilities
constructed under EPA Project No. C290696-03 shall be charged a fee
in proportion to their wastewater contribution as compared to the
design criteria of the waste treatment works project.
C.
The
industrial cost recovery amount shall be based on the Federal Government's
share of the Caruthersville project cost of nine hundred twenty-two
thousand dollars ($922,000.00). Industrial users' payments shall be
amortized over a twenty (20) year cost recovery period and shall not
include an interest component.
D.
The City shall retain fifty percent (50%) of the amounts recovered from industrial users, incident to Subsection (C) of this Section. Eighty percent (80%) of these amounts retained by the City will be deposited annually into a special City fund which will be called the "Caruthersville Industrial Cost Recovery Fund - 80." The remaining twenty percent (20%) of the funds retained by the City will be deposited into another special City fund which will be called the "Caruthersville Special Projects Fund - 20." The remaining fifty percent (50%) of the amounts recovered from industrial users, incident to Subsection (C) of this Section, together with any interest earned thereon, shall be returned to the U.S. Treasury, through the U.S. Environmental Protection Agency on an annual basis except that no payments will be made to the U.S. Treasury for ICR collections applicable to the period January 1, 1978, through June 30, 1979, until advised by EPA. In the interim, such funds will be invested by the City in the following manner: Savings accounts or certificates of deposit.
E.
The
eighty percent (80%) of the amounts retained by the City and deposited
into the "Caruthersville Industrial Cost Recovery Fund - 80," together
with interest earned thereon, shall be used solely for the eligible
costs of the expansion or reconstruction of treatment works associated
with the project and necessary to meet the requirements of the U.S.
Environmental Protection Agency or for use in meeting the incremental
costs of administration of the industrial cost recovery system only
to the extent such incremental costs cannot be fully recovered through
amounts deposited in the "Caruthersville Special Project Fund - 20."
Such incremental costs are those remaining after allocating all costs
reasonably attributable to the administration of the user charge system
to that system. The City shall obtain the written approval of the
regional administrator of the U.S. Environmental Protection Agency
prior to commitment of the amounts retained in the "Caruthersville
Industrial Cost Recovery Fund - 80."
F.
Pending
use, the amounts deposited into the "Caruthersville Industrial Cost
Recovery Fund - 80," will be invested by the City in a local banking
institution whose deposits are insured by the Federal Deposit Insurance
Corporation (FDIC).
G.
The
twenty percent (20%) of the amounts retained by the City and deposited
into "Caruthersville Special Projects Fund - 20," shall be used as
the City desires after the use of such funds to meet the incremental
costs of administering the ICR program have first been met should
the City intend to use any of the locally retained amounts recovered
from industrial users to meet such incremental costs. However, these
funds cannot 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 or to reduce
sewer user charges in any other way for any user.
H.
The
rate to be charged each industrial user that contributes wastewater
to the sanitary sewer system will be based on an average daily contribution
from that user. The formula for determining the total amount to be
collected from each industrial user is as follows:
1.
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Aa =
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Ba x F
TFa
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where Aa = Total amount owed for this portion of the total project.
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Ba =
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Total Federal share for that portion of the City sewerage system
consisting of the Dry Pits Pump Station, force main, and interceptor
beginning at the Dry Pits Pump Station and continuing to the connection
with the Hog Wallow Creek Interceptor Sewer or one million dollars
($1,000,000.00).
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TFa =
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Total design average daily flow of the portion of the City sewerage
system consisting of the Dry Pits Pump Station, force main and interceptor
beginning at the Dry Pits Pump Station and continuing to the connection
with the Hog Wallow Creek Interceptor Sewer or five million (5,000,000)
gpd.
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F =
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Average daily flow contribution of wastewater from each industrial
user (gpd).
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2.
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W F
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XBOD
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Y SS
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Z Other
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Ab = Bb
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+
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+
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+
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TFb
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TBOD
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TSS
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T Other
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where Ab = Total amount owed for this portion of the total project.
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Bb =
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Total Federal share for the portion of the City sewerage system
consisting of the sewage treatment plant, or one million, seven hundred
ninety-three thousand, four hundred dollars ($1,793,400.00).
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W =
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Percentage of Bb allocated to flow; which is sixty-six and eight-tenths
(66.8).
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X =
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Percentage of Bb allocated to BOD; which is ten and eight-tenths
(10.8).
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Y =
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Percentage of Bb allocated to SS; which is twenty-two and four-tenths
(22.4).
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Z =
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Percentage of Bb allocated to the other pollutant; which is
N/A.
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F =
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Average daily flow contribution of wastewater from each industrial
user (gpd).
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TFb =
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Total design average daily flow of the City treatment plant
(gpd); which is one (1) mgd.
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BOD =
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Average daily BOD contribution from each industrial user (#/d).
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TBOD =
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Total design average daily BOD capacity of the City sewage treatment
plant (#/d); which is two thousand (2,000) #/day.
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SS =
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Average daily SS contribution from each industrial user (#/d).
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TSS =
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Total design average daily SS capacity of the City sewage treatment
plant (#/d); which is two thousand two hundred (2,200) #/day.
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Other =
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Average daily contribution of other pollutant from each industrial
user (specify).
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T Other =
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Total design average daily capacity of the City sewage treatment
plant in terms of the other pollutant (#/day); which is N/A.
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3.
Aa + Ab = the total amount owed, Aa11 , by
one particular industry. Aa11 shall be divided
by twenty (20) years (the cost recovery period) to determine the yearly
payment to the City.
I.
All industrial users connected to the City sewage system shall be monitored by the City with sufficient frequency and with the appropriate type of sampling in order to establish reasonable estimates of the industrial users' hydraulic and organic contribution. The frequency and type of sampling may vary with the industrial users' type, volume, and variability of discharge, but shall be no less often than monthly. The results of these tests shall be composited and used as the individual industry's average daily flow, BOD, SS (or other applicable pollutants), for the industrial cost recovery computation. Prior to June thirtieth (30th) of each year, the City shall conduct a review to determine what users of the City sewage system are industrial users as defined in Subsection (A) of this Section and therefore subject to these charges.
J.
All industrial users subject to this Section will be billed by the City Collector on July 1, 1979, and for the next nineteen (19) years on July first (1st) thereafter, which billing shall be based on actual use of the facilities. Payment by the City to the U.S. Treasury, through the Environmental Protection Agency, will be made by July thirtieth (30th), beginning in the year 1979 and for the next nineteen (19) years thereafter except for collections which may have been made for the period January 1, 1978, through June 30, 1979, as previously provided for in Subsection (D) of this Section.
K.
If and when any industrial users subject to this Section fail to make payment to the City by the twentieth (20th) day of the month, after proper billing by the City on the first (1st) day of the month, the City Collector is directed to enforce Subsections (H) through (J) of this Section to recover any sums due the City under this Section.
L.
Any
change or amendment to this Section must have the written approval
of the regional administrator of the U.S. Environmental Protection
Agency.
