[Adopted 7-6-1977 by L.L. No. 4-1977 (Ch. 37B of the 1972 Code)]
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.
(2) 
Division B: mining.
(3) 
Division D: manufacturing.
(4) 
Division E: transportation, communications, electric, gas and sanitary services.
(5) 
Division I: services.
B. 
An airport.[1]
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.