Any user who discharges pollutants in excess of concentrations in § 277-42 or § 277-43 of this chapter may be subject to a surcharge. This surcharge may be in addition to any other fees, charges, sewer rents, fines or taxes provided by law. The Director or Chief Operator of the POTW may impose mass limitations on pollutants discharged in excess of concentrations listed in § 277-42 or § 277-43. Surcharges will be assessed based on concentrations and treatment costs as determined by the Director or Chief Operator of the POTW.
In applying the surcharge formulae, the Director or Chief Operator may represent flow discharged into the sewer system by:
A. 
The amount of water supplied to the premises as shown on the water meter, or water records if the premises are metered;
B. 
The volume of wastewater discharged into the sewer system as determined by the measurements and samples taken at a monitoring facility installed by the owner of the property served by the sewer system;
C. 
The volume of wastewater discharged into the sewer system as determined by the measurements and samples taken at a monitoring facility installed by the City;
D. 
Allowances for water not discharged to the sewer system will be made at the discretion of the Director or Chief Operator; or
E. 
A figure determined by the Director or Chief Operator by any combination of the foregoing or by any other equitable method.
The pollutant concentration of any wastewater shall be determined from the analysis of representative samples taken prior to discharge into the City sewers, taken by representatives of the Director or Chief Operator. The intent of any sampling procedure is to establish the pollutant concentration in the wastewater discharge during an average or typical working day. This concentration may be derived according to the best judgment of the Director or Chief Operator.
In the event that the pollutant concentration of the waste discharged from a premises to a public sewer as determined under § 277-63 of this chapter is disputed by a user, a program of resampling and flow measurement with subsequent analytical determination may be instituted as follows:
A. 
The person must submit a request for resampling and flow measurements of the wastes to the Director or Chief Operator.
B. 
A consultant or agency of recognized professional standing in the employ of the user must confer with representatives of the Director or Chief Operator in order that an agreement may be reached as to the various factors which must be considered on a new sampling and flow measurement program.
C. 
The consultant or agency of recognized professional standing employed by the user shall conduct a resampling and reanalysis program, under the direction of the Director or Chief Operator, for at least two twenty-four-hour periods.
D. 
The results of the resampling and the reanalysis shall be considered to be the current analysis of the wastes discharged to the sewer system and shall be used for determining the acceptability of the sampling and analysis results in question. The new results may be used in place of the results in question or in addition to other data collected by the Department for determining the industrial waste surcharge, and/or compliance with this chapter.
E. 
Cost of sampling, analysis and flow measurement for regular monitoring purposes will be charged to the industry. Such activities, when in support of noncompliance or other enforcement actions, shall be billed to the user in total.
F. 
Analysis of samples shall be performed by a laboratory certified by New York State.
All sums charged for treatment of wastes shall be billed by the City and collected in the same manner as provided in Chapter 341, Article III, § 341-20, of the City Code, and shall be subject to penalties and suspension of water for nonpayment of either water or use of sewers, or cessation of sewer service.