The annual operation, maintenance and replacement costs (called
"O and M costs") of the Linden Roselle Sewerage Authority (called
"Authority") for treatment services provided to the Borough shall
be allocated to the Borough in proportion to use based upon the Borough's
relative contributions of wastewater volume, biochemical oxygen demand
and suspended solids. The following percentages shall be used by the
Authority to allocate its O and M costs: 32% for wastewater volume;
45% for biochemical oxygen demand; and 23% for suspended solids. The
Authority shall review this allocation procedure at least biannually
to ensure that the Borough is charged O and M costs in proportion
to use, sufficient revenues are generated and excess revenue from
a class of users if applied toward the O and M costs allocated to
that class for the next year.
The Authority's O and M costs allocated to the Borough in accordance with §
355-19 shall be recovered from users of the Borough's sewer system in proportion to use via the Borough's ad valorem property tax system. Users of the Borough's sewer system shall be classified as follows:
A. Residential and small nonresidential: including dwellings and commercial
and industrial users that contribute no more than the equivalent of
25,000 gallons per day of sanitary wastes (235 milligrams per liter
biochemical oxygen demand and 200 milligrams per liter suspended solids).
B. Major industrial: including any nongovernmental user that discharges
more than the equivalent of 25,000 gallons per day of sanitary wastes
(235 milligrams per liter biochemical oxygen demand and 200 milligrams
per liter suspended solids) or discharges toxic pollutants.
C. Tax-exempt: including users that pay no ad valorem real property
tax, but excluding public properties performing local governmental
functions.
The Authority shall annually allocate to the Borough the costs of its industrial pretreatment program on the basis of relative wastewater volume from the major industrial class (defined in §
355-20). Such costs shall be charged against volume, biochemical oxygen demand and suspended solids contributed by each.
A nonresidential user of the Borough's sewer system discharging,
exclusive of sanitary waste, more than 25,000 gallons per day of wastewater
or more than 49 pounds per day of biochemical oxygen demand or more
than 42 pounds per day of suspended solids shall make industrial cost
recovery payments in accordance with federal grant regulations. The
payments shall be computed to recover from these users their proportionate
share of federal grant funds received by the Authority for its secondary
treatment facilities and all future grants for other facilities (such
as land-based sludge disposal). The payments from each user shall
be based upon the user's contribution of wastewater volume, biochemical
oxygen demand and suspended solids, or reserved capacity, whichever
is greater. Such payments shall be collected by the Authority, which
shall handle such funds in accordance with federal grant regulations.