Township of Grosse Ile, MI Sewer Use

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[HISTORY: Adopted by the Township Board of the Township of Grosse Ile 8-11-1980 by Ord. No. 137 as Ch. 38, Division 2, of the Grosse Ile Township Code. Amendments noted where applicable.]

GENERAL REFERENCES

Sewage disposal systems — See Ch. 209.

Subdivision control — See Ch. 238.

Wetlands and drainageways — See Ch. 275.

§ 210-1 Definitions and word usage.

§ 210-2 Use of public sewers required.

§ 210-3 Installation and connection of sewers; permits required.

§ 210-4 Discharge to public sanitary sewer.

§ 210-5 Protection from damage.

§ 210-6 Power and authority of inspectors.

§ 210-7 Penalty.

§ 210-8 Private sewage disposal.

§ 210-9 User charges.

§ 210-10 Accounting.

§ 210-11 Industrial cost recovery.

§ 210-12 Sampling.

§ 210-13 Appeals.

§ 210-14 Special wastewater constituents.

§ 210-15 Compliance with charges, rules and regulations.

§ 210-1 Definitions and word usage.

Unless the context specifically indicates otherwise, the meaning of the following terms used in this chapter shall be as follows:

ASTM

American Society for Testing Materials current specifications and standards.

BOD (denoting "biochemical oxygen demand")

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in parts per million by weight.

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drain pipes inside the walls of the building and conveys it to the building sewer, beginning approximately five feet outside the inner face of the building wall.

BUILDING SEWER

The extension from the building drain to the public sewer or other place of disposal.

CHLORINE DEMAND

The difference between the amount of chlorine added to water or wastewater and the amount of residual chlorine remaining at the end of a specified contact period.

COD (denoting "chemical oxygen demand")

The quantity of oxygen consumed from a chemical oxidant in a specific test.

COMBINATION SEWER OR COMBINED SEWER

A sewer receiving both surface runoff and sewage.

COMPATIBLE POLLUTANT

A substance amenable to treatment in a sewage treatment plant such as BOD, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit of the sewage treatment plant which is designed to treat such pollutants, and in fact does remove such pollutants to an acceptable degree. These additional pollutants may include COD, total organic carbon, phosphorus and phosphorus compounds, nitrogen and nitrogen compounds, fats, oils, and greases of animal or vegetable origin.

CRITICAL MATERIALS

The organic and inorganic substances, elements or compounds listed in the register compiled by the MDNR.

DAILY AVERAGE

Shall be based upon a minimum of eight grab samples at one-hour intervals.

EPA

The United States Environmental Protection Agency.

GARBAGE

Solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage, processing and sale of perishable produce.

INCOMPATIBLE POLLUTANT

Any pollutant which is not a compatible pollutant as defined above.

INDUSTRIAL COST RECOVERY

A charge imposed on an industrial user to reflect its share of the amount of grant funds received to construct wastewater treatment works as provided under United States Public Law 92 to 500 and the regulations promulgated thereunder.

INDUSTRIAL COST RECOVERY PERIOD

A period of time equal to 30 years or the useful life of the treatment works as indicated under "industrial cost recovery."

INDUSTRIAL USER

Any nongovernmental or nonresidential user of the wastewater treatment system, identified in the "Standard Industrial Classification Manual" (1972 Edition) under Division A, B, D, E or I.

INDUSTRIAL WASTES

The liquid wastes, solids, or semisolids from industrial processes as distinct from domestic sanitary sewage.

MDNR

The Michigan Department of Natural Resources or any of its affiliates, including the State Health Department, of the State of Michigan.

NATURAL OUTLET

Any outlet into a watercourse, canal, waterway, pond, ditch, lake, or other body of water, either surface or ground water.

NONINDUSTRIAL USER

All users not defined under "industrial user" in this chapter.

NPDES PERMIT

The National Pollution Discharge Elimination System permit.

OPERATION AND MAINTENANCE COSTS

The expenditures required for operating, maintaining and replacement of the sewage disposal system.

PERSON

Any individual, firm, company association society, corporation or group.

The logarithm of the reciprocal of weight of hydrogen ions in grams per liter of solution.

PRETREATMENT

Treatment given to sewage prior to its discharge, directly or indirectly, to the WCDC by the user in order to remove illegal and/or undesirable constituents or to reduce the strength of the waste.

PROPERLY SHREDDED GARBAGE

The wastes from the cooking, preparation and dispensing of food that has been cut or shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.

PUBLIC SEWER

A sewer in which all owners of abutting property have equal rights, and is controlled by public authority.

REPLACEMENT COSTS

The expenditures for obtaining and installing equipment, accessories or appurtenances during the useful life of the sewage treatment plant or pumping station necessary to maintain the capacity and performance for which such works are designed and constructed.

SANITARY SEWAGE

Any liquid wastes discharged from residences, business buildings and institutions, as distinct from industrial wastes with strengths not exceeding the following limits: suspended solids: 250 ppm; BOD: 200 ppm; and Phosphorus: 10 ppm.

SANITARY SEWER

A sewer which carries sewage and to which storm, surface and ground waters (including roof drains and downspouts) are not admitted.

SEWAGE

Any combination of water-carried wastes (including laundry wastes) from residences, business buildings, institutions and industrial establishments together with such ground, surface and storm waters as may be present.

SEWAGE DISPOSAL SYSTEM

Includes all sanitary sewers, combined sanitary and storm sewers, plants, works, instrumentalities and properties used or useful in connection with the collection, treatment and/or disposal of sewage and/or industrial wastes, now in existence or hereafter acquired or constructed within the corporate limits of the Township of Grosse Ile.

SEWAGE TREATMENT PLANT

The arrangement of devices and structures used for treating sewage. The sewage treatment plant serving Grosse Ile Township is owned, operated, and maintained by the Grosse Ile Sanitary Interceptor Drain and Treatment Plant Drainage District acting through the Wayne County Drain Commissioner on behalf of Grosse Ile Township.

SEWER

Any pipe, tile, tube or conduit for carrying sewage.

SEWER SERVICE CHARGES

The charges for sewer system operation, maintenance and replacement (OM&R), any local capital costs if included, and the industrial cost recovery charge (ICR).

SLUG

Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation.

STORM SEWER or STORM DRAIN

A sewer which carries storm and surface waters and drainage but which excludes sewage and polluted industrial wastes.

SURCHARGE

The additional treatment charges made for the treatment of wastewater containing pollutants in excessive amounts of those listed for sanitary sewage.

SUSPENDED SOLIDS

The solids that either float on the surface of, or are suspended in, water, sewage, or other liquids, and which are removable by laboratory filtering.

TOWNSHIP BOARD

The duly elected governing body of the Township of Grosse Ile, Wayne County, Michigan.

USER CHARGES

The charges to recover operation, maintenance and replacement (OM&R) costs only of the sewage disposal system passed on to the system users.

WATERCOURSE

A channel, canal or waterway in which a flow of water occurs, either continuously or intermittently, including the Detroit River, Lake Erie and the Thorofare Canal.

WCDC

The office of the Wayne County Drain Commissioner acting through the Drain Commissioner.

WCRC

The office of the Wayne County Road Commission.

"Shall" is mandatory; "may" is permissive.

§ 210-2 Use of public sewers required.

It shall be unlawful for any person to place or deposit or permit to be deposited in an unsanitary manner upon any public or private property within the Township of Grosse Ile or in any area under the jurisdiction of the said Township of Grosse Ile any human or animal excrement, garbage, or other objectionable waste.

It shall be unlawful to discharge to any natural watercourse or storm drain under jurisdiction of WCDC and within the Township of Grosse Ile or in any area under the jurisdiction of the said Township of Gross Ile any sanitary sewage, industrial waste, or other polluted waters, except where suitable treatment has been provided in accordance with standards established by the MDNR.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated upon property within the Township which abuts on any street, alley, right-of-way or easement in which there is now, or may be in the future, located a public sanitary sewer of the Township, is hereby required at his own expense to install suitable toilet facilities therein and to connect such facilities directly to the public sanitary sewer in accordance with the provisions of this chapter, within a period not later than one year from the time that such public sanitary sewer is lawfully available to him for connection.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage.

§ 210-3 Installation and connection of sewers; permits required.

No person without authorization of the WCDC and the Township shall uncover, make any connections with or open into, use, alter or disturb any public sewer or any appurtenance thereof without first obtaining two written permits, one from WCDC and one from the Township Clerk or other official designated by the Township Board. The fees for such permits shall be in the amounts established form time to time by the WCDC and the Township Board, respectively.

All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner of said property. The owner shall indemnify the WCDC and Township for all loss or damage that may directly or indirectly be occasioned by any and all construction of sewers.

All connections to a public sanitary sewer shall be made only on written authorization and permits issued by the WCDC and Township on such forms as shall be established from time to time by the WCDC and Township and on payment of fees according to the schedule of fees posted.

All applicants for sanitary sewer permits shall first submit plans and specifications for the proposed construction to WCDC, which plans and specifications shall be prepared by a registered professional engineer in accordance with standards as provided by the WCDC. When such plans and specifications have been approved by the WCDC a temporary construction permit may be issued subject to a final inspection and approval when construction is completed and ready for connection with the public sanitary sewer system.

The applicant for a sewer permit shall notify the WCDC and Township Board when the sewer is ready for inspection and connection to the public sewer. WCDC may and the Township Board or its authorized representatives shall then inspect the said building and plumbing construction therein and, if such construction meets previous requirements as approved in the construction permit, WCDC may and the Township Board shall issue a sewer connection permit subject to the provisions of any other sections of this chapter.

§ 210-4 Discharge to public sanitary sewer.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer, except as hereinafter provided.

No footing drain tile of any building may be connected to the separate sanitary system. Footing drain tile from existing buildings shall be disconnected from the sanitary sewer system.

Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to a public sewer, sanitary sewer and storm sewer.

(1)

Sewage discharges shall conform in all respects to the criteria set forth in this section, unless specifically excepted by the WCDC. Future conditions imposed by federal or state agencies may require subsequent reappraisal and modifications to these criteria by the WCDC. Where federal or state regulations, including but not limited to the NPDES permit, require limits on parameters not covered in this section or limits more stringent than those specified in this section, the federal or state limits shall take precedence.

(a)

Any liquor or vapor having a temperature higher than 150° F.

(b)

Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease.

(c)

Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.

(d)

Any garbage which has not been properly shredded.

(e)

Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, wood pulp, manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.

(f)

Any water or wastes having a pH lower than 5.5 or higher than 10.5 or having any other corrosive property capable of causing damage or hazards to the structures, equipment or personnel of the sewage disposal system.

(g)

Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, fish or aquatic life or create any hazard in the receiving waters of the sewage treatment plant.

(h)

Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage disposal plant.

(i)

Any noxious or malodorous gas or substance capable of creating a public nuisance.

(j)

Must not contain any explosive substance. In the case of gas or vapors, the concentrations shall not exceed 20% of lower explosive limits.

(k)

Shall contain no substance with a viscosity greater than 100% of water.

(l)

Shall contain no material causing coloration or light absorbency, to interfere with plant processes or analytical determination, such as (but not limited to) dye wastes and vegetable tanning solutions.

(m)

Shall contain no radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by applicable state or federal regulations.

(n)

May contain sludge which results from a treatment process, either potable water, municipal or industrial wastes, but only if it is completely amenable to conventional wastewater treatment without application of unusual means or expense. Septic tank sludge will be accepted from licensed operators when delivered to a designated disposal site upon compliance with the conditions imposed by the Township Board and the WCDC and after payment to the Township of a fee assessed by the Township Board.

(o)

Shall not contain unusual volume of flow or concentration of wastes constituting "slugs."

(p)

Shall not contain concentrations of certain "special wastewater constituents" in amounts greater than set forth in § 210-11 of this chapter.

(q)

Exceed the hydraulic capacity of any downstream part of the sewage disposal system.

(2)

Sampling shall be carried out by appropriate methods.

Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.

Pretreatment and prohibited discharge.

(1)

If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances, possess the characteristics, or exceed the limitations enumerated in Subsection C of this section, or which in the judgment of WCDC may have a deleterious effect on the sewage disposal system, the Township Board shall prohibit the discharge of the wastes to a public sewer, or may:

(a)

Temporarily permit the discharge of the wastes to a public sewer subject to any conditions that the WCDC may recommend based on their review of such factors as quantity of the waste in relation to flows and velocities in the sewers, materials of construction of sewers, nature of the sewage treatment process, capacity of the sewage treatment works, degree of treatability of the waste, NPDES permit limitations, and any other pertinent factor; or

(b)

Require pretreatment to an acceptable condition for discharge to a public sewer, including but not limited to the standards set forth in 40 CFR Part 403 entitled "Pretreatment Standards"; and/or

(c)

Require control over the quantities and rates of discharge to public sewers.

(2)

In all cases, the Township Board shall require payment to cover any additional costs it or the WCDC may incur in connection with the inspecting, sampling, testing, handling and treating the wastes, not covered by existing sewage charges.

(3)

When the pretreatment or equalization of sewage flows is permitted, the design and installation of the plants and equipment shall be subject to the review and approval of the WCDC and subject to the requirement of all applicable codes, ordinances, and laws.

When pretreatment standards are adopted by the United States Environmental Protection Agency for any given class of industries, then any industry within that class must conform to the United States Environmental Protection Agency timetable for adherence to pretreatment requirements as well as all other applicable requirements promulgated by the United States Environmental Protection Agency in accordance with the provisions of the law. Additionally, such industries shall comply with such more stringent standards necessitated by local conditions as determined from time to time by the WCDC.

Where pretreatment of flow equalizing facilities are provided for any waters or wastes they shall be maintained in satisfactory and effective operation by the owner at his expense.

When required by the WCDC, Township or the MDNR, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling, and measurements of wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans prepared by a registered professional engineer and approved by the WCDC. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the WCDC, Township Board, WCDC, where appropriate, and/or the MDNR. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the WCDC, Township Board and the MDNR, to a storm sewer, combined sewer or natural outlet.

The WCDC and the Township shall reserve the right to establish a specific contract with each industrial user for the purpose of regulating discharges into the sewage disposal system. The establishment of the contract shall be at the initiative of WCDC or the Township and shall be binding upon an industry before it is allowed to discharge into the sewage disposal system.

§ 210-5 Protection from damage.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the sewage disposal system.

§ 210-6 Power and authority of inspectors.

The Township Board and other duly authorized employees of the said Township, and agents of the SWRC and WCDC bearing proper credentials and identification, may be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing of wastewater in accordance with the provisions of this chapter at any time during reasonable or usual business hours.

§ 210-7 Penalty.

Penalties for violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, § 1-3. The provisions of Chapter 1, Article II, Municipal Civil Infractions, also apply to violations of this chapter.

[Amended 7-22-2002]

Any person violating any of the provisions of this chapter shall be liable to the Township for any expense, loss, or damage occasioned to the Township by reason of such violation.

§ 210-8 Private sewage disposal.

Where a public sanitary sewer or combined sewer is not available under the provisions of § 210-2C above, the building sewer shall be connected with a private disposal system complying with the provisions and requirements of the MDNR, the County Board of Health or any health officer having jurisdiction over the same as outlined in the Compiled Laws of the State of Michigan for 1948 and all amendments thereto.

At such time as a public sewer becomes available to a property serviced by a private sewage disposal system, as provided in § 210-2C, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, privy, privy vault, cesspool or similar private sewage disposal facilities shall be abandoned and filled with suitable material.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the WCDC or Township.

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the MDNR or the County Board of Health or other health officers that have proper jurisdiction.

§ 210-9 User charges.

User charges shall be established and charged to users of the sewage disposal system. The user charges consist of two parts. The first part shall be established by the WCDC based on a rate for volume and/or strength of discharge, and in an amount which shall provide for the payment of operation, maintenance and replacement costs of WCDC's sewage disposal system. The second part shall be established by the Township based on a rate to provide for use of operation and administrative costs of the Township. The user charges shall be established as are necessary to preserve the sewage disposal system in good repair and working order, and to provide for the payment of other unanticipated expenses as may be incurred in the operation of the system.

The WCDC shall assess the Township the sewer user charges in advance for operation, maintenance and replacement costs of the sewage disposal system. Thereafter, WCDC shall assess the Township on a semiannual basis. The first semiannual assessment will be on an estimated basis for sewer user charges for six months of the upcoming year. The second semiannual assessment will include both the estimate for the second half of the current year and an adjustment for the prior six months based upon actual rates and actual usage.

The Township shall be responsible for billing and collecting the sewer user charges of WCDC from the sewage disposal system users. These bills shall be rendered to sewer users as frequently as necessary to pay the sewer user charges as assessed by WCDC but no less frequently than quarterly.

The Township of Grosse Ile shall bill the users for the total cost of the operation, maintenance and replacement annual budget, as billed to them by WCDC, on the basis of a unit rate for volume and/or strength of discharge. The user classes shall be billed the user charges based upon their proportionate contribution of wastewater parameters to the treatment system. Initially, for the first year's operation, the user charges shall be based on estimated cost and estimated usage. Thereafter, the Township of Grosse Ile, acting through its Board of Trustees, shall review annually the user charges in order to adequately maintain the proportionate distribution of operation and maintenance costs among users and user classes, and to generate sufficient revenue to pay the total operation and maintenance (including replacement) of the treatment works. Excess revenues collected from a class of users shall be applied to the costs of operation and maintenance attributable to that class for the next year and adjust the rates accordingly.

(1)

Such review shall be done by the Township of Grosse Ile, acting through its Board of Trustees, using generally accepted accounting principles. A written report shall be prepared and submitted to the Board of Trustees, to the Drainage Board for Grosse Ile Sanitary Interceptor Drain and Treatment Plant Improvements, and to the WCDC. The annual date for review shall be June 1 of each year.

(2)

The annual review shall be further documented by the annual report of the Township of Grosse Ile being placed into the minutes of the Board of Trustees of the Township of Grosse Ile, and of the Drainage Board at regularly scheduled meetings. Appropriate legislation, if necessary, should be enacted by the Board of Trustees to adjust the user charges.

(3)

Following the annual review, in conjunction with a regular bill, each user shall be notified of the rate adjustments and that portion of the sewer service charge which is attributable to OM&R costs of wastewater treatment services.

Payment of the sewer user charges shall be made to WCDC within 30 days from the date of the invoice of WCDC to the Township. Failure to pay within this period shall result in a penalty equal to the current prevailing interest rate plus costs incurred by WCDC in recovery moneys rightfully owed to WCDC.

No free service shall be furnished to any person, firm or corporation, public or private, or to any public agency or instrumentality.

§ 210-10 Accounting.

The Township shall establish the necessary accounting procedures and internal controls to insure that the sewer user charges are appropriately accounted for. These accounting procedures shall adhere to generally accepted accounting principles consistently applied as established for governmental accounting and financial reporting purposes.

The Township shall establish a separate fund entitled "Sewer User Charge Operation, Maintenance, and Replacement Fund." This fund shall be established consistent with generally accepted accounting principles and governmental accounting and financial reporting practices. The purpose of this fund shall be to account for operation, maintenance and replacement expenses of the sewage disposal system. Revenues collected from sewer user charges shall be accounted for in this fund and shall be used to pay in the following order: first, all invoiced amounts of WCDC to the Township for operation, maintenance and replacement costs of the sewage disposal system; second, current expenses incurred by the Township for the administration and operation of the system; and third, such current expenses for maintenance thereof as may be necessary to preserve the system in good repair and working order. The WCDC shall be responsible and accountable for the administration of any funds received from the Township for replacement of the sewage disposal system. These funds shall be a part of the sewer user charge and shall provide for, as needed, the replacement of equipment in the sewage disposal system as said equipment's useful life ends.

The Township Board shall, prior to the commencement of each operating year, adopt a budget covering the anticipated expenses for the system for the ensuing year. In addition a review of the system per CFR 35.929-2 shall be completed biannually by WCDC.

Surcharges. All industrial and commercial users discharging an extra strength industrial wastewater to the sewage disposal system shall be monitored and surcharged in accordance with the schedule of charges to be set forth by resolution. The surcharge funds collected shall be deposited into the Sewer User Charge Operation, Maintenance and Replacement Fund.

§ 210-11 Industrial cost recovery.

Industrial cost recovery. All industrial users discharging industrial wastewater into the system and meeting the following conditions shall be assessed an annual industrial cost recovery charge in addition to the sewer user charges described in § 210-9. In order to qualify for the industrial cost recovery charge, an industrial user is defined as any nongovernmental, nonresidential user which discharges more than 25,000 gallons per day (gpd) of sanitary waste and which is identified in the Standard Industrial Classification Manual under one of the divisions (A, B, D, E, or I); or which discharges a volume of process waste, or combined process and sanitary waste, equivalent to 25,000 gpd of sanitary waste. For the purpose of equivalency, the weight of BOD, SS, or P equivalent to that weight found in 25,000 gpd of sanitary waste will be used. Additionally, any user which discharges a wastewater containing pollutants which interfere with the normal wastewater treatment process, are toxic or incompatible or contaminate or otherwise reduce the utility of the sludge is considered an industrial user. Employee waste may be deducted from an industry's discharge in calculating charges and determine whether its discharges the equivalent of 25,000 gpd. All industrial users being assessed an industrial cost recovery charge shall annually furnish to the Township a factual number of employees employed by said user and the industry's maximum daily water consumption, in thousands of gallons, throughout the year. The Township shall forward such information within 30 days to the WCDC.

An industrial user that discontinues its use of the treatment works during the industrial cost recovery period shall not be required to continue ICR charge payment beyond the point of discontinued use. An industrial user beginning use of the treatment works during the ICR period shall be obligated to pay ICR charges only for the remainder of the ICR period. If further upgrading or expansion of the treatment works occurs, the ICR charges shall be adjusted proportionately to include the additional costs involved.

Industrial cost recovery fund.

(1)

The industrial cost recovery charges shall be annually billed by the Township to each qualified industrial user and the proceeds kept in a separate depository account entitled "Industrial Cost Recovery Fund." Said industrial cost recovery charges shall be in effect for a period beginning with the completion of the applicable project and extending 30 years thereafter.

(2)

The proceeds of the industrial cost recovery fund shall be transferred annually within 30 days of the end of the fiscal year to the WCDC, who shall be responsible and accountable for the administration of the industrial cost recovery fund. Said fund shall be kept in an interest bearing account which is fully collateralized by obligations of the United States of America or by obligations fully guaranteed as to the principal and interest by the United States of America or any agency thereof.

(3)

Within 120 days following the end of each fiscal year that the industrial cost recovery charges are in effect, the WCDC shall forward a check to the Environmental Protection Agency Regional Administrator's Financial Management Office. Said check shall be an amount equal to 50% of all ICR charges received by the Township during the preceding fiscal year, together with any interest earned thereon during this period. Said check shall be payable to the United States Environmental Protection Agency.

(4)

The remaining funds from said industrial cost recovery charges together with any interest thereon shall be used as follows. A minimum of 80% shall be used by the WCDC solely for expansion or reconstruction of the sewage treatment plant and pump stations. Prior to committing the funds for such use the WCDC shall obtain the written approval of the Regional Administrator of the United States Environmental Protection Agency. The remaining 20% shall be used by the WCDC to offset administrative expenses associated with the operation of the industrial cost recovery system.

An industrial user that discontinues its use of the treatment works during the industrial cost recovery period shall not be required to continue ICR charge payment beyond the point of discontinued use. An industrial user beginning use of the treatment works during the ICR period shall be obligated to pay ICR charges only for the remainder of the ICR period. If further upgrading or expansion of the treatment works occur, the ICR charges shall be adjusted proportionately to include the additional costs involved.

Industrial cost recovery fund. The industrial cost recovery charges shall be annually billed by the Township to each qualified industrial user and the proceeds kept in a separate depository account entitled "Industrial Cost Recovery Fund." Said industrial cost recovery charges shall be in effect for a period beginning with the completion of the applicable project and extending 30 years thereafter.

(1)

(2)

(3)

§ 210-12 Sampling.

The WCDC may institute an industrial sampling program to establish wastewater strengths for calculation of user charge and industrial cost recovery calculations ICR charges. Each industrial user paying a UC/ICR user charge and/or industrial cost recovery charge may be sampled annually, as a minimum. All industrial users not required to pay an ICR charge may be sampled as required to ensure their continued ineligibility for ICR charges. The costs of the sampling program shall become a part of the ICR charge. The WCDC shall forward to the Township the results of a sampling program and calculation to support the user charge and industrial cost recovery charge.

Each industrial user shall construct or otherwise have available a sampling paint for sampling waste water before it enters the sewage disposal system. Industrial users may be required to conduct such sampling paints, if ordered so to do by the WCDC or the Township.

§ 210-13 Appeals.

Any industrial user being assessed an ICR charge and desiring to appeal the strength of its industrial wastewater, as determined by the sampling program, or assigned pollutant parameters shall submit to the Township a written report outlining the reasons for said disagreement. If, in the judgment of the Township, the appeal is valid, the Township may, by a majority vote, call for an additional sampling by the WCDC or sampling, if pollutant parameters were used, of said industrial user for purpose of ICR charge calculation.

§ 210-14 Special wastewater constituents.

Limitations on special wastewater constituents, such as heavy metals, shall be as required under the EPA pretreatment regulations for existing and new sources of pollution.

§ 210-15 Compliance with charges, rules and regulations.

All users shall be required to comply with the requirement of user charges regulations to be adopted by the WCDC in accordance with the requirement of the USEPA. The effective date for the implementation of user costs regulations and industrial cost recovery system regulations shall be established by resolution of the WCDC. The effective date shall be certified by the WCDC and the said written certification shall be filed in the office of the Township Clerk.

All users of the wastewater facilities shall comply with the requirement of the written rules and regulations of the WCDC which have been adopted and which from time to time shall have been adopted, which regulations shall become effective upon filing of certified copies in the office of the Township Clerk after the effective dates of the within chapter.