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HomeMy WebLinkAboutOrdinance 80- 1058 Industrial wastewater treatment cost recovery 08.0 . ~ ORDINANCE NO. 1058 AN ORDINANCE ENACTING THE PROCEDURE FOR DETERrUtHNG EQUlTABLE COST RECOVERY CHARGES TO BE LEVIED ON ANY INDUSTRIAL CONCERN WHICH DIS- CHARGES INDUSTRIAL WASTEWATER TO THE WASTEWATER SYSTEt1 OPERATED BY THE CITY OF BOZEMAN, MONTANA, AND PROVIDING CERTAIN PROHIBITIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOZEt1AN: I SECTION l. PURPOSE The purpose of this ordinance shall be to recover the proportionate share of the Federal Grant from users discharging industrial wastewater to the wastewater system. An industrial user's share shall be based on factors which Significantly influence the cost of the treatment works. Such factors include volume, strength, and delivery flow rate characteristics. SECTI ON 2. DEFINITION OF AN INDUSTRIAL USER Any non-governmental, non-residential user of the City's wastewater treatment works dis- charging more than the equivalent of 25,000 gallons per operating day of sanitary wastes and identified in the Standard Industrial Classification ~1anual, 1972, Office of the ~1anagement and Budget, as amended and supplemented, under one of the following divisions: Division A. Agriculture, Forestry, and Fishing Division B. Mining Division D. Manufacturing Division E. Transportation, Communication, Electric, Gas, and Sanitary Services Division I. Services I (a) In determining the amount of a user's discharge for purposes of industrial cost recover~, the grantee may exclude domestic wastes or discharges from sanitary conveniences. (b) After applying the sanitary waste exclusion in subparagraph (a) of this paragraph (if the City chooses to do so), discharges in the above divisions that have a volume exceeding 25,000 gpd or the weight of 5-day Biochemical Oxygen Demand (BOD) or Suspended Solids (SS) equivalent to that weight found in 25,000 gpd of sanitary waste are considered to be industrial users. Sanitary wastes, for purposes of the calculation of equivalency, are the wastes discharged from residen- tial users. Residential strength wastes are considered to contain 200 ppm BOD and 250 ppm SS. SECTION 3. DETERMINING EACH INDUSTRIAL USER'S WASTEWATER CONTRIBUTION PERCENTAGE The City of Bozeman, or its City Engineer, shall determine the industry's average daily volume of wastewater discharged to the wastewater system, which shall then be divided by the wastewater facility's average daily volume flow design capacity, to determine each industry's * I volume contribution percentage. The City of Bozeman, or its City Engineer, shall determine each industry's average Suspended Solids poundage discharged to the wastewater system which shall then be divided by the waste\',ater treatment facility's average daily suspended solids design capacity. No credit shall be given to the industry for the time period when the user is not operating and not discharging wastewater. *The City of Bozeman, or its City Engineer, shall determine each industry's average daily poundage of 5-day or 2-degree centigrade Biochemical Oxygen Demand (B)O), which shall then be divided by the wastewater treatment facility's average daily2.Qn..~des;qn capacity to determine such industry's BOD contribution percentage. O~DINANCE NO. 1058 ~ 081 SECTION 4. DETERMINING THE ANNUAL INDUSTRIAL COST RECOVERY M10UNT Each of the industrial user's wastewater contribution percentages determined in Section 2 shall be multiplied by the Step 1, 2, and 3 Grant amOlmt's able to be all oca ted to treatment by volume flow, BOD and SS respectively. These amounts shall be added together and then I divided by the life of the project in years to obtain the annual industrial cost recovery for each user. If more than one project is involved, the annual industrial cost recovery amount shall be determined for each project and all such amounts shall be added and billed to the user. SECTION 5. INDUSTRIAL COST RECOVERY PERIOD The industrial cost recovery period shall be the design period of the project or thirty years" whichever is less. The industrial cost recovery period for the City of Bozeman shall be 20 years. SECTION 6. INDUSTRIES SUBJECT TO THE REQUIREMENTS The City of Bozeman, or its City Engineer, shall determine the industries subject to the requirements of this ordinance. SECTION 7. PAYMENT OF THE ANNUAL INDUSTRIAL COST RECOVERY AMOUNT The City shall submit an annual statement to the industry for the annual industrial cost recovery amount. The City shall add a penalty of 1.5 percent per month if the pay- ment is not received by the City within 15 days. Should any industrial user fail to pay the annual industrial cost recovery amount and penalty within three months of the due date, I the City may stop the wastewater service to the property. The first payment by an indus- trial user shall be made not later than one year after such user begins use of the wastewater system. SECTION 8. REVIEW OF THE ANNUAL INDUSTRIAL COST RECOVERY AMOUNT The City shall review the cost recovery system as well as each industrial user's waste- water contribution percentage on an annual basis to assure equity of the annual industrial cost recovery system. If a significant user, such as an industry, has completed in-plant modifications which would change the industry's wastewater contribution percentage, the user can present at a regularly scheduled meeting of the governing body such factual information and the City shall then determine if the industry's wastewater contribution percentage is to be changed. The City shall notify the industry of its findings as soon as possible. SECTION 9. WASTES PROHIBITED FROM BEING DISCHARGED TO THE WASTEWATER TREATMENT SYSTEM The discharge of any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity to either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to injure or interfere with any sewage treatment process, I constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works is hereby prohibited. The City's Sewer Use Ordinance contains additional requirements covering the use of the City's public sewers. ORDINANCE NO. 1058 ~---- ." O,~2 SECTION 10. RETAINED AMOUNTS The City fo Bozeman shall retain 50 percent of the amounts recovered from industrial users. The remainder, together with any interest earned thereon, shall be returned to the U.S. A minimum of 80 percent of the retained amounts after paying the incremental costs I of administration, together with interest earned thereon, shall be used solely for the eligible costs (in accordance with Section 35.940 Federal Register of September 27, 1978) of the expansion or reconstruction of treatment works associated with the project and necessary to meet the requirements of the Act. The City shall obtain the written approval of the Regional Administrator prior to commitment of the retained amounts for any expansion and reconstruction. The remainder of the retained amounts may be used by the City for any purpose except for construction of industrial pretreatment facilities or rebates to indus- tli'ii.al user(s) for costs incurred by such users in complying with Federal User Charge or Industrial Cost Recovery requirements. Pending use, the City of Bozeman 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 (3) 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 agen- cy thereof. SECTI ON II. SAMPLING OF INDUSTRIAL FLOWS I The City of Bozeman, or its agents, shall monitor flows, collect and analyze samples of waste flows from industrial users discharging to the system. The City may require the indus- trial user to install a monitoring and sampling manhole on any line that discharges to the wastewater system. Said manhole or manholes shall be located on public property. The indus- trial user shall pay all costs for the installation of the manhole or manholes. All costs for flow monitoring, sample collection, and analyzing which the City incurs shall be charge- able to the industrial user. The City shall monitor flows and collect samples on a scheduled basis after consultation with its engineer. The City and its agents shall monitor and sample at random times with a minimum of one sample per year. SECTION 12. RESERVED CAPACITY The City may permit industrial users to reserve capacity in the treatment works (includ- ing used and unused capacity). Such capacity reserved through formal, written agreement is subject to industrial cost recovery as set forth below. In such cases, the industrial user shall be required to pay the full ICR able to be allo- cated to the capacity reserved. In the event that the industrial user exceeds its reserved I capacity, it shall be required to pay ICR calculated on the full reserved capacity plus additional ICR for use above the limits of the reserved capacity or any element thereof. In the event the City's treatment works are expanded in the future with PL 92-500 grant assistance, an industrial user who has executed a reserved capacity agreement and has made ICR payment based upon full reserved capacity will not incur additional ICR charges associated ORDINANCE NO. 1058 _._------------"--~ .. ' . 083 * with the cost of upgrading the City's treatment works. SECTION 13. EXCLUSIONS FROM APPLICATION OF INDUSTRIAL COST RECOVERY (ICR) ICR is not required for the following grant costs: (a) Infiltrationlinflowcorrection or treatment. I (b) Correction of combined sewer overflows and collection or treatment of storm waters. SECTION 14. MAINTENANCE OF RECORDS The City of Bozeman shall maintain such records as are necessary to document compli- ance with the Environmental Protection Agency's Industrial Cost Recovery Regulations and the provisions of this ordinance. Such records shall be kept for the cost recovery per- iod. BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF B SEPTEMBER, 1980. ~ MAYOR ATTEST: (~/4tlt~ Clerk of the City Commission I State of Montana ) County of Gallatin) City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance No. 1058, was pUblished by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and pUblished in said City of Bozeman in the issue of the 22nd day of Spptember , 1980. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 19th day of September, 1980. lf~ c:I ul"d1~ ERNA V. HARDING. Clerk of the City Commission * exp~nsion until the industrial user's actual use of the treatment works exceeds its reserved capaclty. I . . Industrial users with reserved capacity contracts will, of course, be required to pay any add,tlonal ECR charges associated with the cost of ORDINANCE NO. 1058