[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.]
A.
ASTM
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
CHLORINE DEMAND
COD (denoting "chemical oxygen demand")
COMBINATION SEWER OR COMBINED SEWER
COMPATIBLE POLLUTANT
CRITICAL MATERIALS
DAILY AVERAGE
EPA
GARBAGE
INCOMPATIBLE POLLUTANT
INDUSTRIAL COST RECOVERY
INDUSTRIAL COST RECOVERY PERIOD
INDUSTRIAL USER
INDUSTRIAL WASTES
MDNR
NATURAL OUTLET
NONINDUSTRIAL USER
NPDES PERMIT
OPERATION AND MAINTENANCE COSTS
PERSON
pH
PRETREATMENT
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
REPLACEMENT COSTS
SANITARY SEWAGE
SANITARY SEWER
SEWAGE
SEWAGE DISPOSAL SYSTEM
SEWAGE TREATMENT PLANT
SEWER
SEWER SERVICE CHARGES
SLUG
STORM SEWER or STORM DRAIN
SURCHARGE
SUSPENDED SOLIDS
TOWNSHIP BOARD
USER CHARGES
WATERCOURSE
WCDC
WCRC
Unless the context specifically indicates otherwise,
the meaning of the following terms used in this chapter shall be as
follows:
American Society for Testing Materials current specifications
and standards.
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.
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.
The extension from the building drain to the public sewer
or other place of disposal.
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.
The quantity of oxygen consumed from a chemical oxidant in
a specific test.
A sewer receiving both surface runoff and sewage.
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.
The organic and inorganic substances, elements or compounds
listed in the register compiled by the MDNR.
Shall be based upon a minimum of eight grab samples at one-hour
intervals.
The United States Environmental Protection Agency.
Solid wastes from the preparation, cooking, and dispensing
of food, and from the handling, storage, processing and sale of perishable
produce.
Any pollutant which is not a compatible pollutant as defined
above.
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.
A period of time equal to 30 years or the useful life of
the treatment works as indicated under "industrial cost recovery."
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.
The liquid wastes, solids, or semisolids from industrial
processes as distinct from domestic sanitary sewage.
The Michigan Department of Natural Resources or any of its
affiliates, including the State Health Department, of the State of
Michigan.
Any outlet into a watercourse, canal, waterway, pond, ditch,
lake, or other body of water, either surface or ground water.
All users not defined under "industrial user" in this chapter.
The National Pollution Discharge Elimination System permit.
The expenditures required for operating, maintaining and
replacement of the sewage disposal system.
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.
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.
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.
A sewer in which all owners of abutting property have equal
rights, and is controlled by public authority.
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.
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.
A sewer which carries sewage and to which storm, surface
and ground waters (including roof drains and downspouts) are not admitted.
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.
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.
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.
Any pipe, tile, tube or conduit for carrying sewage.
The charges for sewer system operation, maintenance and replacement
(OM&R), any local capital costs if included, and the industrial
cost recovery charge (ICR).
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.
A sewer which carries storm and surface waters and drainage
but which excludes sewage and polluted industrial wastes.
The additional treatment charges made for the treatment of
wastewater containing pollutants in excessive amounts of those listed
for sanitary sewage.
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.
The duly elected governing body of the Township of Grosse
Ile, Wayne County, Michigan.
The charges to recover operation, maintenance and replacement
(OM&R) costs only of the sewage disposal system passed on to the
system users.
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.
The office of the Wayne County Drain Commissioner acting
through the Drain Commissioner.
The office of the Wayne County Road Commission.
B.
"Shall" is mandatory; "may" is permissive.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
Where installed, all grease, oil and sand interceptors
shall be maintained by the owner, at his expense, in continuously
efficient operation at all times.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
No free service shall be furnished to any person,
firm or corporation, public or private, or to any public agency or
instrumentality.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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)
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.
(2)
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.
(3)
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.
A.
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.
B.
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.
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.
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.
A.
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.
B.
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.