Section 204(b)(1)(B) of the Federal Water Pollution
Control Act Amendments of 1972 (P.L. 92-500) requires that industrial
users of sewer treatment works make payments for that portion of the
cost of construction of such treatment works (as determined by the
municipality or its designee) which is allocable to the treatment
of such industrial wastes. The Town of New Windsor therefore shall
endeavor to ensure that the proper amount of federal funds is recovered
from industrial users and that each industrial user is assessed industrial
cost recovery (ICR) payments in accordance with applicable law and
generally accepted accounting principles.
As used in this article, the following terms
shall have the meanings indicated:
INDUSTRIAL USER
A.
Any nongovernmental user or publicly owned treatment
works identified in the Standard Industrial Classification Manual
1972, Office of Management and Budget, as amended and supplemented,
under the following divisions:
(1)
Division A: agriculture, forestry and fishing.
(3)
Division D: manufacturing.
(4)
Division E: transportation, communications,
electric, gas and sanitary services.
C.
A user in the divisions listed may be excluded
if it is determined by the Town Board of the Town of New Windsor that
such user will introduce primarily segregated domestic waste or wastes
from sanitary conveniences.
ICR payments will be in proportion to those
industrial wastewater characteristics which influence the cost of
construction of sewage transportation and treatment works. Characteristics
such as volume and strength will be used.
In the event that treatment works are expanded
in the future with P.L. 92-500 grant assistance, an industrial user
who receives this benefit will incur ICR charges.
Development of the ICR system will require determination
of the share of capital construction costs of each component of the
transportation or treatment works in relation to the principal parameters:
volume of flow, biochemical oxygen demand, suspended solids and any
additional parameters which influence the cost of construction.
In developing the ICR system, the wastewater
characteristics of each industrial user shall be determined. This
will be accomplished by monitoring and testing. Total ICR recovered
from an industry which discontinues use during the ICR period shall
be the federal cost of the capacity used multiplied by the ratio of
its period of use to the ICR period. If an industry ceases its use,
the cost recovery will also cease.