Chapter 13.12


13.12.010    Definitions and abbreviations.

13.12.020    Description of service.

13.12.030    Use of public WQPS required.

13.12.040    WQPS extensions.

13.12.050    Private wastewater disposal.

13.12.060    Building drains and connections.

13.12.065    Services.

13.12.070    Use of the public water quality protection systems.

13.12.080    Industrial cost recovery.

13.12.090    Protection from damage.

13.12.100    Powers and authority of inspectors.

13.12.110    Penalties.

13.12.120    Application for service.

13.12.130    Billing and payment.

13.12.140    Charges for water quality protection service.

13.12.010 Definitions and abbreviations.

Unless specifically indicated otherwise, the meanings of terms used in this chapter are as follows:

1.    "WQP" means water quality protection.

2.    "WQPS" means water quality protection system.

3.    "Applicant" means the person, persons, firm, association or corporation making application to the municipality for WQPS services under the terms of this chapter.

4.    "BOD (biochemical oxygen demand)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Centigrade (20× C.), expressed in milligrams per liter.

5.    "Building drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the public WQPS.

6.    "COD (chemical oxygen demand)" means the total quantity of oxygen required for oxidation of organic matter to carbon dioxide and water.

7.    "Combined drain" means a drain receiving both surface runoff and wastewater.

8.    "Garbage" means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

9.    "Industrial wastes" means the liquid wastes from any nongovernmental users of 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:

Division A -- Agriculture, Forestry and Fishing;

Division B -- Mining;

Division D -- Manufacturing;

Division E -- Transportation, Communications, Electric, Gas and Sanitary Services;

Division I -- Services.

A user in the divisions listed may be excluded if it is determined that the user will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.

10.    "Natural outlet" means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.

11.    "Person" means any individual, firm, company, association, society, corporation or group.

12.    "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

13.    "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in the public WQPS, with no particle greater than one-half inch (1/2") (1.27 centimeters) in any dimension.

14.    "Public WQPS" means those systems necessary to protect water quality in which all owners of abutting properties have equal rights, and are controlled by public authority.

15.    "Sanitary WQPS" means a WQPS which carries wastewater and to which stormwaters, surface waters and groundwaters are not intentionally admitted.

16.    "Wastewater" means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters and stormwaters as may be present.

17.    "Wastewater treatment plant" means any arrangement of devices and structures used for treating wastewater.

18.    "WQPS works" means all facilities for collecting, pumping, treating and disposing of wastewater.

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

20.    "Slug" means any discharge of water, wastewater or industrial waste which in concentration of any given constituent or in quality of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.

21.    "Storm drain" (sometimes termed "storm sewer") means a WQPS which carries storm and surface waters and drainage, but excludes wastewater and industrial wastes, other than unpolluted cooling water.

22.    "Superintendent" means the borough manager or his authorized agent or representative.

23.    "Suspended solids" means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

24.    "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.12.020 Description of service.

A.    The municipality shall exercise reasonable care to provide a continuous service of receiving wastewater from the customer and avoid unnecessary stoppages or interruptions of the flow of wastewater in the municipality’s WQP works.

B.    The municipality shall not be liable for damages resulting from interruption of service or lack of service. Temporary suspension of service by the municipality for improvements and repairs will from time to time be necessary. Whenever possible, and when time permits, customers who may be affected will be notified prior to the suspension of service by notice through news media as reasonably practicable within the municipality.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.12.030 Use of public WQPS required.

A.    It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the municipality, or in any area under the jurisdiction of the municipality, any human or animal excrement, garbage or other objectionable waste.

B.    It is unlawful to discharge to any natural outlet within the municipality, or in any area under the jurisdiction of the municipality, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

C.    Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.

D.    The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the municipality and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined WQPS of the municipality, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public WQPS in accordance with the provisions of this chapter, within ninety (90) days after date of official notice to do so, provided that said public WQPS is within one hundred feet (100’) (30.5 meters) of the property line.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.12.040 WQPS extensions.

A.    Public WQPS extensions to areas within the municipal limits not presently served by the existing WQPS may be installed only after authorization by the borough assembly and only in accordance with plans, specifications and methods of funding approved by the assembly. The municipality shall apply standard procedures for special assessment districts (AS 29.46) for funding of WQPS extensions. All cost associated with the extension shall be assessed against the benefited property in the form of an assessment district. The assessment shall be based on the abutting front footage of the property to be benefited.

B.    Public WQPS extensions to areas west of the Skagway River shall be extended only at the expense of the customers served. The extensions shall become the property of the municipality at the time installed. The borough assembly shall determine the size of the extensions and the extensions shall be constructed of suitable material approved by the assembly.

(Ord. 12-02, Amended, 2/16/2012; Ord. 86-9, Amended, 02/13/1986; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.12.050 Private wastewater disposal.

A.    Where a public sanitary or combined WQPS is not available under the provisions of subsection D of Section 13.12.030, the building drain shall be connected to a private wastewater disposal system complying with the provisions of this section.

B.    Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the designated municipal official. The application for such permit shall be made on a form furnished by the municipality, which the applicant shall supplement by any plans, specifications, and other information as deemed necessary by the municipal official. A permit and inspection fee as established by resolution of the borough assembly shall be paid to the municipality at the time the application is filed.

C.    A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the municipality. A representative of the municipality shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the municipality when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within twenty-four (24) hours of the receipt of notice by the municipality.

D.    The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the Alaska Department of Environmental Conservation. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

E.    At such time as a public WQPS becomes available to a property served by a private wastewater disposal system, as provided in subsection D of Section 13.12.030, a direct connection shall be made to the public WQPS in compliance with this chapter, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be abandoned and filled with suitable material.

F.    The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the municipality.

G.    No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the state.

H.    When a public WQPS becomes available, the building drain shall be connected to the system within sixty (60) days, and the private wastewater disposal system shall be cleaned of sludge and filled with clean, bank-run gravel or dirt at the owner’s expense.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.12.060 Building drains and connections.

A.    No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public WQPS component or appurtenance thereof without first obtaining a written permit from the municipality.

B.    There shall be two (2) classes of building drain permits, the owner or his agent shall make application on a special form furnished by the municipality. The permit application shall be supplemented by any plans, specifications or other information considered pertinent by the municipality. A permit and inspection fee as established by resolution of the borough assembly shall be paid to the municipality at the time the application is filed. The two (2) classes of building drain permits are as follows:

1.    For residential and commercial service; or

2.    For service to establishments producing industrial wastes.

C.    All costs and expenses incident to the installation and connection of the building drain shall be borne by the owner. The owner shall indemnify the municipality from any loss or damage that may directly or indirectly be occasioned by the installation of the building drain.

D.    The municipality may, at its option, serve one (1) or more buildings located on property belonging to the same owner with a single connection to the public WQPS during the period of said ownership. The municipality shall render a single bill to the property owner, which shall include the WQPS service charge for the entire property. Upon subsequent subdivision and sale of such property, that portion not directly connected with the public WQPS shall be separately connected with the public WQPS. It is unlawful for the new owner to continue to use or maintain such indirect connection.

E.    Old building drains may be used in connection with new buildings only when they are found, on examination and test by the municipality, to meet all requirements of this chapter.

F.    The minimum inside diameter of a residential building drain line shall be four inches (4"), and the minimum inside diameter of any other building drain line shall be six inches (6"). The minimum grade shall have a fall of not less than two feet (2’) per one hundred feet (100’) for four-inch (4") lines, and one foot (1’) per one hundred feet (100’) for six-inch (6") lines.

G.    Whenever possible, the building drain shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public WQPS, sewage carried by such building drain shall be lifted by an approved means and discharged into the building drain at the owner’s expense.

H.    No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building drain which in turn is connected directly or indirectly to a public WQPS.

I.    No person shall run excessive domestic water into a public WQPS during the winter months in an attempt to avoid freezing conditions within the building drain.

J.    The municipality shall determine the acceptability of construction materials and methods. Generally, the building drain shall be placed below the frost depth to prevent freezing, and be of nonporous material such as concrete with rubber gaskets, cast iron, thick-wall (SDR-35) PVC or Class 2400 asbestos cement sewer pipe. The municipality may also require the applicant to test the building drain installation for infiltration. If the latter is required, the infiltration requirements of recognized agencies will be acceptable; i.e., Northwest Pollution Control, or American Public Works Association.

K.    The connection of the building drain into the public WQPS shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the municipality. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the municipality before installation.

L.    The applicant for the building drain permit shall notify the municipality when the building drain is ready for inspection and connection to the public WQPS. The connection shall be made under the supervision of the designated municipal official.

M.    All excavations for building drain installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the municipality.

N.    Building drains shall be maintained by the owner of the property served thereby.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.12.065 Services.

A.    Facilities.

1.    The customer shall own, install and maintain the customer service line beginning at the property line.

2.    The municipality shall provide WQPS service lines from the main line to the property line.

3.    The customer is responsible for all costs incurred for repairing damage to the service line between the property and the main line of the WQPS.

(Ord. 12-02, Added, 2/16/2012)

13.12.070 Use of the public water quality protection systems.

A.    No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any WQPS.

B.    No person shall discharge or cause to be discharged any of the following described waters or wastes to the public WQPS:

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

2.    Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interactions with other wastes, to injure or interfere with any treatment process, constitute a hazard to humans or animals, create a public nuisance, or create a hazard in the receiving waters of the wastewater treatment plant, including but not limited to cyanides in excess of two (2) mg/l or CN in the wastes as discharged to the public WQPS;

3.    Any waters or wastes having a pH above or below 5.0 to 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the WQPS;

4.    Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in the WQPS, or other interference with the proper operation of the wastewater works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

C.    No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely, in the opinion of the municipality, that such wastes can harm either the WQPS, wastewater treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the representative of the municipality will give consideration to such factors as quantities of subject wastes in relation to flows and velocities in the WQPS, materials of construction of the WQPS lines, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, and other pertinent factors. The substances prohibited are:

1.    Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150° F);

2.    Any water or waste containing fats, gas, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l, or containing substances which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit (32° F) and one hundred fifty degrees Fahrenheit (150° F) and zero degrees Celsius (0° C) and sixty-five degrees Celsius (65° C);

3.    Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the municipality;

4.    Any waters or wastes containing strong acid from pickling wastes, or concentrated plating solutions, whether neutralized or not;

5.    Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the city for such materials;

6.    Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the municipality as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal, and other public agencies regulating such discharge to the receiving waters;

7.    Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the municipality in compliance with applicable state or federal regulations;

8.    Materials which exert or cause:

a.    Unusual concentrations of inert suspended solids or of dissolved solids,

b.    Excessive discoloration,

c.    Unusual BOD, chemical oxygen demand or chlorine requirements, in such quantities as to constitute a significant load on the sewage treatment works, and

d.    Unusual volume of flow or concentration of wastes constituting "slugs," as defined herein;

9.    Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

D.    Authorization by Municipality.

1.    If any waters or wastes are discharged, or are proposed to be discharged to the public WQPS, which waters contain the substances or possess the characteristics enumerated in subsection C of this section, and which in the judgment of the municipality may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the municipality may:

a.    Reject the wastes;

b.    Require pretreatment to an acceptable condition for discharge to the public WQPS;

c.    Require control over the quantities and rates of discharge; and/or

d.    Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or WQP charges under the provisions of subsection I of this section.

2.    If the municipality permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the municipality, and subject to the requirements of all applicable codes, ordinances and laws.

E.    Grease, oil and sand interceptors shall be provided when, in the opinion of the municipality, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the municipality, and shall be located as to be readily and easily accessible for cleaning and inspection.

F.    Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

G.    When required by the municipality, the owner of any property serviced by a building drain carrying industrial wastes shall install a suitable control manhole together with meters and other appurtenances in the building drain necessary to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with approved plans. 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.

H.    All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public WQPS to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the WQPS works, to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls where pHs are determined from periodic grab samples.

I.    No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the municipality and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the municipality for treatment, subject to payment by the industry.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.12.080 Industrial cost recovery.

A.    All industrial users shall be required to pay that portion of the federal assistance grant under P.L. 92-500 allocable to the treatment of waste from such users.

B.    The system for industrial cost recovery shall be implemented and maintained according to the following requirements:

1.    Each year during the industrial cost recovery period, each industrial user of the treatment works shall pay its share of the total federal grant amount divided by the recovery period.

2.    The industrial cost recovery period shall be equal to thirty (30) years, or the useful life of the treatment works, whichever is less.

3.    Payments shall be made by industrial users no less often than annually. The first payment by an industrial user shall be made not later than one (1) year after such user begins use of the treatment works.

4.    An industrial user’s share shall be based on all factors which significantly influence the cost of the treatment works, such as strength, volume, and flow rate characteristics. As a minimum, an industrial user’s share shall be based on its flow versus treatment works’ capacity, except in unusual cases.

5.    An industrial user’s share shall be adjusted when there is a substantial change in the strength, volume or flow rate characteristics of the user’s wastes, or if there is an expansion or upgrading of the treatment works.

6.    An industrial user’s share shall not include any portion of the federal grant amount allocated to unused or unreserved capacity.

7.    An industrial user’s share shall include any firm commitment to the municipality of increased use by such user.

8.    An industrial user’s share shall not include an interest component.

C.    This requirement applies only to those features of wastewater treatment and transportation facilities which have been constructed with federal assistance administered by the U.S. Environmental Protection Agency under P.L. 92-500.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.12.090 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 WQPS.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.12.100 Powers and authority of inspectors.

A.    The superintendent and other duly authorized employees of the municipality shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter. In the event the person in charge of the property denies permission or entry, the superintendent or his representative shall obtain a warrant before entry. The superintendent or his representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the WQP lines or waterways or facilities for waste treatment.

B.    The superintendent and other duly authorized employees of the municipality shall be permitted to enter all private properties through which the municipality holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the WQPS lying within such easement. All entry and subsequent work, if any, on the easement, shall be done in accordance with the terms of the duly negotiated easement pertaining to the private property involved.

C.    No employee of the municipality is authorized to suspend or alter any of the provisions contained in this chapter without specific approval or direction of the borough assembly, except in cases of emergency involving loss of life or property, or which would place the operation of the WQPS in jeopardy.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.12.110 Penalties.

A.    Any person found to be violating any provision of this chapter except Section 13.12.090 shall be served by the municipality with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B.    Any person who continues any violation beyond the time limit provided for pursuant to subsection A of this section is guilty of a noncriminal infraction and shall be fined in an amount not exceeding one hundred dollars ($100.00) for each violation. Each day in which any such violation continues shall be deemed a separate offense.

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

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.12.120 Application for service.

A.    An applicant for WQP service shall sign an application form provided by the municipality, giving the date of application, location of premises to be served, whether premises have been served before, the date applicant desires service to begin, purpose for which service is to be used, the address for mailing of the billings, and such other information as the municipality may reasonably require. If water and WQPS service are both requested, one (1) application form will be sufficient.

B.    The applicant shall provide the information required above, and shall submit the appropriate fees as established by resolution of the borough assembly. In signing the application, the customer agrees to comply with this chapter. The application is a request for service, and does not bind the municipality to furnish service. When the application form is properly completed and the appropriate fees have been paid, a permit shall be issued by the municipality to commence work.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.12.130 Billing and payment.

All provisions concerning billing, payment and collection of delinquent accounts for service rendered by the municipality under this chapter shall be identical to those set forth for water service in Section 13.08.150.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.12.140 Charges for water quality protection service.

A.    Criteria for Establishing Rates and Charges. The rates to be charged for sanitary sewer service and for making connections to the system shall be established by resolution of the borough assembly. Such rates for WQP service shall be designed to assure that each recipient of water treatment service pays his proportionate share of the cost of operation and maintenance of the treatment works, including replacement of such facilities during the life of the project, in accordance with the requirements of the Environmental Protection Agency. The WQP service rates and fees shall be reviewed annually.

B.    Charges for Contract WQP Service. Rates for any contract WQP service shall be specified in a contract with the municipality, taking into consideration strength, volume and flow characteristics.

C.    Charges for Service to Industrial Users.

1.    The municipality shall recover from all industrial users, as defined in the Standard Industrial Classification Manual 1972, or subsequent issues, published by the Office of Management and Budget of the United States, who discharge waste for treatment in the treatment plant of the WQPS, that portion of the amount of all grants for the construction of the treatment facilities contributed by the U.S. Environmental Protection Agency which is allocable to the treatment of wastes from such users. The contribution required to be paid by each industrial user shall be determined and assessed by the borough assembly annually in the month of September and the first assessment shall be made within four months of the completion of the improvements and additions to the WQPS commenced in 1974, a portion of the cost of which is from a grant by the Environmental Protection Agency. Such assessments shall be made for thirty (30) consecutive years, referred to herein as the "recovery period." The assessments shall be made in such amount each year against each industrial user as is necessary for each to pay his allocable share of one-thirtieth (1/30) of such grants. The determination of each industrial user’s share shall be based on all factors which significantly influence the cost of the treatment works, including strength, volume and flow characteristics. The system for industrial cost recovery and all assessments shall be made, implemented and maintained in accordance with the requirements, guidelines and regulations of the Environmental Protection Agency.

2.    Monthly WQP service rates for industrial customers shall be determined by the municipality on an individual basis taking into consideration strength, volume and flow characteristics.

D.    WQPS Connection Fee. WQPS connection fees shall be paid in full prior to commencement of any work necessary to furnish WQP service to any residence, building or parcel. Said WQPS connection fees shall be in accordance with the rate effective on the date of issuance of the permit.

E.    Industrial Waste Testing Fee. The testing fee shall be based upon actual costs of the tests. The municipality shall estimate the cost of testing and shall require a cash deposit equal to the estimated cost of the test from the applicant prior to the start of testing.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)