Chapter 13.20
SEWER SYSTEM--WATER POLLUTION CONTROL IMPROVEMENTS--REPAYMENT BY INDUSTRIAL USERS
Sections:
13.20.020 Commercial sewer billing list--Research and compilation.
13.20.030 Commercial sewer billing list--Additions, deletions, review.
13.20.040 Rates--Established--Period of validity--Adjustment--Application.
13.20.050 Distribution of funds.
13.20.060 Billing--Date designated.
13.20.070 Billing--Delinquency--Interest and penalty.
13.20.090 Rate--Modification following additional grants.
13.20.100 Reservation of treatment capacity--Charge.
13.20.010 Definitions.
For purposes of this chapter the following definitions shall apply: "Industrial users" means those users identified by the EPA as any nongovernmental user of publicly owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, under the divisions entitled "Division A - Agriculture, Forestry and Fishing," "Division B - Mining," "Division D - Manufacturing," "Division E - Transportation, Communications, Electric, Gas and Sanitary Services," and "Division I - Services," provided that users shall be excluded from the above indicated list of industrial users to the extent allowed by EPA if it is determined that the user will introduce primarily segregated, domestic waste, or waste from sanitary conveniences. (Ord. 594 §2, 1976).
13.20.020 Commercial sewer billing list--Research and compilation.
The city clerk-treasurer, with the aid of the city engineer and the city supervisor, shall research the commercial sewer billing list and identify the users which fall within the definition of "industrial user" and, within thirty days of the effective date of the ordinance codified in this section, place the list so developed on file with the city clerk-treasurer. (Ord. 594 §3, 1976).
13.20.030 Commercial sewer billing list--Additions, deletions, review.
A. Industrial users to be assessed under this chapter shall be identified by the city and placed on the list of industrial users, the preparation of which is directed pursuant to Section 13.20.020. Industrial users that fail to identify themselves shall be liable for retroactive payment of assessed charges.
B. New industrial users shall be added to the list when their sanitary sewer service begins.
C. This list shall be reviewed periodically by the city to update it to the extent necessary. Industries shall be deleted from the list upon submission to the city of adequate information to substantiate their omission from the industrial user category, as that term is defined, and to the extent allowed by the rules, regulations and laws relating to industrial cost recovery. The final determination of deletion shall be made by the city council sixty days prior to being billed under this chapter; each potential user to be charged will be forwarded a letter by the city indicating the rate to be charged, and allowing a sixty-day period to contest its placement within the industrial user category. (Ord. 594 §4(part), 1976).
13.20.040 Rates--Established--Period of validity--Adjustment--Application.
The rates established in this chapter shall continue for a period of twenty years, beginning with the date the secondary treatment plant is formally accepted by the city and put into service. The sewage volumes on which the charges shall be based shall be as defined in the ordinance of the city establishing sewage rates. The industrial user reimbursement rate shall be six and one-half cents per hundred cubic feet of water usage. This rate may be adjusted in proportion to the change in EPA grant after final adjustment and audit. The above industrial user reimbursement rate shall be applied in addition to the regular sewage rate established in the applicable ordinance. (Ord. 594 §4(part), 1976).
13.20.050 Distribution of funds.
The funds repaid by the industrial users pursuant to the terms of this chapter shall be distributed as follows:
A. Fifty percent, plus all interest earned thereon, shall be returned on an annual basis to the U. S. Treasury through the regional office of the Environmental Protection Agency;
B. Forty percent plus all interest earned thereon, shall be retained by the city and utilized solely for the eligible costs of reconstruction and expansion of the treatment facilities. Pending use, the city shall invest the retained amounts for reconstruction and expansion in:
1. Obligations of the U.S. Government, or
2. Obligations guaranteed as to principal and interest by the U.S. Government or any agency thereof; or shall deposit such amounts in accounts fully collateralized by obligations of the U.S. Government or by obligations fully guaranteed as to principal and interest by the U.S. Government or any agency thereof. Use of these funds shall be approved by the Regional Administrator of the Environmental Protection Agency prior to their commitment.
C. Ten percent shall be entered into the city’s general fund to be utilized at the city’s discretion. (Ord. 594 §1, 1976).
13.20.060 Billing--Date designated.
The first billing based on this chapter shall occur on January 1, of 1977. Subsequent billings shall occur annually in each January. (Ord. 594 §5, 1976).
13.20.070 Billing--Delinquency--Interest and penalty.
Billings under this chapter shall be deemed delinquent at the same time and under the same circumstances as sewer service charges and shall bear interest on the delinquency at the rate of eight percent per year. Penalties for wilfully violating the provisions of this chapter shall be the same as those for violating the provisions of the ordinance pertaining to sewer service rate and charges. (Ord. 594 §6, 1976).
13.20.080 Rates--Revision.
Should the strength or delivery flow rate from the industrial users change substantially, the city shall revise the rate basis and the rates ordained in this chapter to allow an equitable readjustment of the industrial users charge. (Ord. 594 §7, 1976).
13.20.090 Rate--Modification following additional grants.
Should additional federal grants be made to expand or upgrade the water pollution control facility, the city shall modify the rate basis and/or the rate ordained in this chapter to insure that the industrial user shall repay that portion of the grant in proportion to its share of the facility capacity. (Ord. 594 §8, 1976).
13.20.100 Reservation of treatment capacity--Charge.
Should any industrial user make a firm written commitment to reserve treatment capacity for that industrial user’s sole use, that industrial user shall be charged for the reserve capacity at the reimbursement rate as ordained in Section 13.20.040. (Ord. 594 §9, 1976).