[Adopted 5-18-1977 by Ord. No. 361]
All industrial users (any nongovernmental users identified in Divisions A, B, D, E, and I of the Standard Industrial Classification Manual, 1972) connected to and from which suitable process wastewaters are discharged into the sewage system of the Tamaqua Borough Authority shall pay to the Borough of Tamaqua the following industrial cost recovery charge:
A. 
3.5 cents per 1,000 gallons of actual water consumption, arrived at on the basis of the calculations set forth in Schedule A.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B. 
3.1 cents per pound of five-day BOD, arrived at on the basis of the calculations set forth in Schedule A.
C. 
1.4 cents per pound of suspended solids, arrived at on the basis of calculations set forth in Schedule A.
D. 
13.9 cents per pound of phosphorus, arrived at on the basis of the calculations set forth in Schedule A.
E. 
When noncontaminated wastewaters are excluded from the sewage system, or when any other portion of water consumption does not reach the sewage system, the industrial cost recovery charge shall be based upon total water consumption, less water excluded, as set forth under Subsection A. Water excluded shall be determined from meters installed and maintained by the industrial user as required and approved by the Borough, from estimates made by the Borough, or the industrial user may elect to measure wastewater volumes actually discharged to the sewage system as hereinafter provided. The Borough may require the industrial user, or the industrial user may elect to install, pay for, and maintain a meter approved by the Borough for measuring quarterly wastewater volumes discharged to the sewer system, in which case industrial cost recovery charges under Subsection A shall be based upon the actual volume of wastewaters so metered.
F. 
The strength of wastewaters to be used for establishing the amount of five-day BOD, suspended solids, and phosphorus used to determine the charges for industrial cost recovery purposes as set forth under Subsections B, C and D shall be determined at least once annually either (a) by suitable sampling and analysis of the wastewaters for three consecutive days during a period of normal plant operation; or (b) from estimates made by the Borough; or (c) from known relationships of products produced to strengths of wastewaters for those industrial users where such factors have been established. In establishing wastewater strengths for industrial cost recovery purposes by analysis, analysis shall be made in accordance with procedures outlined in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, Inc. Industrial users shall furnish the Borough, upon request, all information deemed essential by the Borough for the determination of industrial cost recovery charges under Subsections B, C and D. The cost of obtaining such information shall be borne by the owner of the industrial establishment.
G. 
When industrial users discharge wastewaters to the sewage system from sanitary conveniences, the industrial cost recovery charge shall be based upon total water consumption, less the discharge volume from sanitary conveniences, as set forth under Subsection A. The discharge volume from sanitary conveniences shall be determined from estimates made by the Borough.
H. 
Industrial cost recovery charges set forth herein shall be effective on June 1, 1977, and in effect until June 1, 2007. All industrial cost recovery billings shall be rendered for calendar quarterly periods on March 1, June 1, September 1, and December 1 of each year an industrial user is connected to the sewage system. Billings in arrears shall be rendered quarterly for the quarterly periods ending on the last days of February, May, August, and November of each year beginning September 1, 1977. Industrial cost recovery billings under Subsections A, B, C and D and/or Subsections E, F and G, as may be applicable, shall be based upon water consumed and wastewater strength during the quarterly period immediately preceding the quarter in which the billing is rendered. Industrial users connected to the sewage system for only a portion of the calendar quarter shall pay a pro rata industrial cost recovery charge for the period of time actually connected during the quarter. All industrial cost recovery billings shall be due and payable upon presentation and, if not paid within 15 days from the date of billing, a penalty of 5% shall be added. Payments mailed and postmarked on or before such 15th day shall be deemed to be payments within the period allowed for payment without penalty. If such 15th day shall be a legal holiday or a Sunday, payments made on or mailed and postmarked on the next succeeding business day not a legal holiday shall be deemed to be payments within the period allowed for payment without penalty.
Such industrial users shall be subject to the following:
The Borough or its duly authorized representatives shall, at all reasonable times, be permitted to enter upon any and all properties for the purpose of inspecting, observing, and measuring process wastewaters discharged to the sewage system.
The industrial cost recovery system shall adhere to the following:
A. 
Industrial users are excluded from participation in industrial cost recovery if they discharge primarily nonprocessed segregated domestic wastes, or primarily wastes from sanitary conveniences, as determined by the Borough.
B. 
In accordance with Section 6.01 of the First Supplemental Agreement of Lease dated May 1, 1975, between the Tamaqua Borough Authority and the Borough of Tamaqua, the Borough agrees to transmit any funds collected under this article to the Authority quarterly.
C. 
If the sewage system is upgraded or expanded, the basis of payment set forth in § 260-47A, B, C and D will be adjusted accordingly.
D. 
In the event that an industrial user discharging process wastewaters to the sewer system or anyone else affected by the industrial cost recovery system disagrees with the application of such system or estimates made by the Borough of the quantities of process wastewaters discharged, such person shall be entitled to a hearing. The industrial user and the Borough will, by mutual agreement, with the assistance of the Borough's engineer, determine the correct quantities of industrial process wastewater.