[Added 9-19-1977 by Ord. No. 1977-3]
A. 
All funds recovered from the Industrial Cost Recovery (ICR) Payments shall be deposited in a separate interest-bearing account which is fully collateralized by obligations of the United States Government or by obligations fully guaranteed as to principal and interest by United States Government or any agency thereof.
B. 
Uncollected ICR charges which mature into bad debts as a result of bankruptcy of any industrial users shall be identified, but are not to be recovered from other industrial users or other sources. The funds recovered in ICR payment shall not be decreased by the Borough's cost of collection and administration of the ICR, since those expenses should be paid as part of the operation and maintenance expenses associated with the sewer system and treatment works.
C. 
Fifty percent of amounts including any interest earned thereon shall be returned to the U.S. Treasury on an annual basis. No later than four months after the end of the Borough's annual accounting period, the Borough shall submit to the Regional Administrator's Financial Management Office a check for the annual ICR payment to the Federal Government, made payable to the Environmental Protection Agency. This payment shall include any interest earned on the federal portion of recovered funds during the preceding annual accounting period.
D. 
The remaining 50% of amounts including any interest earned thereon shall be retained by the Borough and a minimum of 80% of the retained amounts shall be used solely for the eligible costs of the expansion on reconstruction of the treatment works. The Borough shall obtain the written approval of the Regional Administrator (or the state agency when it is certified by the EPA to do so) prior to committing any of the funds retained for the construction of treatment works, pursuant to 40 CFR 35.928-2.
[Added 9-19-1977 by Ord. No. 1977-3]
A. 
Any industrial user may appeal to the Authority or the Borough Council within 30 days after receiving notice from the Borough regarding the reasonableness of the Industrial Cost Recovery (ICR) assessment imposed upon him.
B. 
All such appeals shall be handled by the Authority who shall consult with the Authority's legal council and consulting engineer, and EPA's Regional Officer prior to reaching final assessment to each case. Others affected by the ICR System may obtain a local review of the Borough's administration of the ICR System.
The Borough shall have the right of access at reasonable times to any improved property served by the sewer system as shall be required for purposes of inspection, measurement, sampling and testing and for performance of other functions relating to service rendered by the Borough through the sewer system.
The Borough reserves the right to amend these rules, rates and regulations, or to adopt additional rates, rules and regulations from time to time, as it shall deem necessary and proper in connection with the use and operation of the sewer system or as may be required to meet necessary costs and expenses or in order to comply with the covenants of the Authority with the holders from time to time of its sewer revenue bonds or of the Borough under the lease of the sewer system.
No officer or employee of the Borough is authorized to vary these rules without action by the Borough.
The Authority or Borough Council shall not be liable for a deficiency or failure of service when occasioned by an emergency, required repairs, or failures from any cause beyond control. The Borough reserves the right to restrict the use of sewer service whenever the public welfare may require it.
When the premises are vacated, the property owner must give notice at the office of the Borough, and he will be responsible for the sewage charges until such notice is given.
Each property owner must give the office of the Borough or his authorized representative, written notice of any change of ownership of any improved property.
Any owner claiming an abatement from sewage bills shall report same in writing or call in person at the office of the Borough. All vacancies shall date from the day reported at the office of the Borough. When vacancy is properly reported an allowance will be made for the period of vacancy, but not for a period of less than 1/2 quarter in any given quarter.
In the event that any provision, section, sentence, clause, or part of these rates, rules and regulations shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of these Rates, Rules and Regulations, it being the intent of the Borough Council that such remainder shall be and shall remain in full force and effect.