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HomeMy WebLinkAbout06418ORDINANCE NO. 6418 AN ORDINANCE REPEALING CHAPTER 8 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO INDUSTRIAL COST RECOVERY FOR CERTAIN SEWAGE TREATMENT WORKS IMPROVEMENTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added) SECTION 1 _ Chapter 8 of Title XVI of the Pueblo Municipal Code, as amended, is repealed in its entirety. [CHAPTER 8 Industrial Cost Recovery System Sec. 16 -8 -1. Purpose. (a) All industrial users of the City's treatment works shall reimburse the City for that portion of all federal grants allocable to the treatment of such wastewater. (b) The City shall annually return fifty percent (50 %) of the amount recovered from all industrial users, plus any interest earned on the current year's collections to the United States Treasury. Sec. 16 -8 -2. Definitions. As used in this Chapter, the following words and terms shall have the meanings set forth below: (1) Director means the Director of Public Works or his or her designee. (2) Industrial user means: a. Any nongovernmental, nonresidential user of the treatment works discharging wastewater having a five -day biochemical oxygen demand strength index greater than three hundred (300) milligrams per liter, or total suspended solids greater than three hundred forty (340) milligrams per liter, or an average daily wastewater discharge rate in excess of twenty -five thousand (25,000) gallons and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one (1) of the following Divisions: 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. b. Any nongovernmental user of the treatment works discharging wastewater which: contains toxic pollutants or poisonous solids, contains liquids or gases in sufficient quantity or by interaction with other wastes to injure or interfere with any sewage treatment process or contaminate the sewage sludge, constitutes a hazard to humans or animals, creates a public nuisance or creates any hazard in or has an adverse effect upon the waters receiving any discharge from the City's treatment works. C. All commercial users of an individual system constructed with grant assistance under Section 201(h) of the Clean Water Act of 1971 33 U.S.C. §1251 et. seq., as amended. (3) Significant industrial user means an Industrial user who discharges greater than ten percent (10 %) of the design flow or design pollutant loading of the treatment works. (4) Treatment works means the City's sewage treatment plant and all appurtenances thereto and all sewer pipes and improvements which are utilized in the conveyance of wastewater to the sewage treatment plant. (5) Useful life of the project means the period during which a treatment works or applicable portion thereof was designed to operate, or thirty (30) years, whichever is less. Sec. 16 -8 -3. Industrial cost recovery. (a) Determination of Allocable Costs: (1) The Director shall determine the volume of wastewater discharged by each industrial user during an average operating day and divide that volume by the design capacity of the treatment works to determine each industrial user's volume contributions percentage. (2) The Director shall determine the poundage of five -day biochemical oxygen demand discharged by each industrial user during an average operating day and divide that poundage by the design capacity poundage of the treatment works to determine each industrial user's biochemical oxygen demand contribution percentage. (3) The Director shall determine the poundage of total suspended solids discharged by each industrial user during an average operating day and divide that poundage by the design capacity poundage of the treatment works to determine each industrial user's total suspended solids contribution percentage. (4) In the event that the treatment or removal of substances other than that specified in the foregoing Subsections is required, the Director shall determine the quantity of such substances discharged by each industrial user and shall divide that quantity by the design capacity of the treatment facilities to determine each industrial user's contribution percentage for removal of such substances. (b) Computation of Charges. Each industrial user's wastewater contribution percentages, as determined in the foregoing Subsections, shall be multiplied by the grant amount allocable to treatment of volume of flow, poundage of five -day biochemical oxygen demand, total suspended solids and other substances respectively. These amounts shall be added together and then divided by the useful life of the project to obtain the annual industrial cost recovery amount for each user. In the event that more than one (1) project is involved, the annual industrial cost recovery amount shall be determined for each project, and all such amounts shall be billed to the industrial user. Sec. 16 -8 -4. Billing of charges. Industrial cost recovery charges shall be billed and collected annually by the Department of Finance throughout the useful life of the project. Sec. 16 -8 -5. Annual review. (a) The Director shall determine the users to be subject to the requirements of this Chapter and, at least annually, shall review the operation and administration of the industrial cost recovery system to ensure that previously connected industrial users are assessed properly and that newly created or connected industrial users are identified and appropriately charged. (b) The Director shall adjust the industrial cost recovery charges assessed to other than significant industrial users in accordance with the findings of the annual review. (c) Industrial cost recovery charges assessed to significant industrial users shall not be adjusted until such time as factual information is presented at a public hearing before the City Council verifying that such user's wastewater contribution has changed. (d) The Director shall report his or her findings and determinations upon annual review to the City Council who shall schedule and conduct a public hearing relating thereto. Sec. 16 -8 -6. Payment and penalty. A penalty of one -half of one percent (.5 %) per month shall be assessed if payment of industrial cost recovery charges is more than fifteen (15) days past due. If payment of industrial cost recovery charges is not made within three (3) months from the date of billing, the industrial user may be disconnected from the treatment works. The first payment by each industrial user shall be made not later than one (1) year after such user begins use of the treatment works. Sec. 16 -8 -7. Use of retained charges. A minimum of eighty percent (80 %) of the industrial cost recovery charges retained by the City, plus the interest earned thereon, shall be used solely for eligible costs (in accordance with Section 35.940 of 40 C.F.R.) of the expansion or reconstruction of treatment works necessary to meet the water quality control requirements of the United States Government. The City shall obtain the written approval of the Regional Administrator of the Environmental Protection Agency prior to the commitment of retained amounts for any expansion or reconstruction. The remainder of the retained amounts may be used by the City for any purpose except construction of industrial pretreatment facilities or rebates to industrial users. Sec. 16 -8 -8. Monitoring. (a) The Director shall monitor flows and collect and analyze samples of wastewater flows from industrial users. The Director may require any user of the treatment works to install a monitoring and sampling manhole in such user's sanitary service line. The user shall pay all costs for the construction of said manhole or manholes and the installation, operation and maintenance of such sampling and /or flow measuring device or devices as the Director deems necessary. (b) All industrial users shall be monitored and sampled a minimum of twice annually. Sec. 16 -8 -9. Hearing procedure. (a) Individual industrial users may request a hearing before the Director to ascertain the propriety of the computation of their wastewater contribution percentages and industrial cost recovery assessment imposed upon them. Such a hearing shall be requested in writing no less than five (5) days prior to the due date of the annual industrial recovery charges. (b) The Director may, based upon information and evidence presented to him or her by the industrial user at said hearing, modify the contribution percentages and industrial cost recovery charges if, in his or her sole opinion, such percentages or charges were erroneously computed or made. Sec. 16 -8 -10. Reserve capacity. Industrial users who enter into an agreement with the City to reserve capacity of any treatment works shall be assessed industrial cost recovery charges on the reserve capacity regardless of whether the reserved capacity is ever utilized. Sec. 16 -8 -11. Prohibitions. It shall be unlawful for any person to violate or fail to comply with or resist the enforcement of any provision of this Chapter and upon conviction therefor shall be punished as provided in Section 1 -2 -1 of this Code. Sec. 16 -8 -12. Investment of industrial cost recovery charges. To the maximum practicable extent, the City shall invest all industrial cost recovery charges prior to authorized usage or return to the United States Treasury in: (1) obligations of the United States Government; (2) obligations guaranteed as to principal and interest by the United States Government or any agency thereof; or (3) shall deposit amounts received in accounts fully collateralized as to principal and interest by the United States Government or any agency thereof. Sec. 16 -8 -13. Records. The City shall maintain such records as are necessary to document compliance with the provisions of this Chapter. Such records shall be kept for the cost recovery period. Sec. 16 -8 -14. Inspection. The Director shall have the right to enter upon the premises of any industrial user for the purpose of inspection, measuring, sampling and testing, as may be required in pursuance of implementation and enforcement of the provisions of this Chapter.] SECTION 2. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED February 22, 1999 BY: Al Gurule Councilperson J APPROVED: I . K ;J-- t6x1� --- President of the Council ATTEST: