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O79-31ORDINANCE 79 - ~ ~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM FOR THE USE OF CERTAIN SEWERS; ESTABLISHING A SYSTEM OF SEWER RATES, CHARGES AND SUR- CHARGES; AUTHORIZING RULES AND REGULATIONS; PROVIDING FOR THE SEVERABILITY HEREOF AND AMENDMENTS THERETO; AND REPEALING INCON- SISTENT ORDINANCES. WHEREAS, the City of Boynton Beach, Florida, hereafter referred to as the "City," has undertaken to construct waste- water treatment and disposal facilities within its service area as designated and agreed upon by proper authority. WHEREAS, the "~ity" is obligated to set sewer user rates and other charges in amounts sufficient to pay the expenses of operating and ~aintaining such facilities, to provide debt ser- vice and funds necessary for improvement, and to provide a margin for reserve; and WHEREAS, the "City" is required to record, as an ordinance, the contents of this User Charge and Industrial Cost Recovery System which at all times is open to the inspection of citizens, franchises~ and governmental entities which are part of the system; and WHEREAS, the "City" is required to enforce the provisions of the Federal Water Pollution Control Act Amendments of 1972 and the State of Florida Pollution Control Laws; and WHEREAS, it is necessary to finance wastewater treatment and disposal systems and to qualify for financial assistance to construct such facilities; ~and ~EREAS, the "City" recognizes its responsibility to maintain adequate records as needed to operate the User Charge and Industrial Cost Recovery System, both physically and financially; and WHEREAS, the "Cit~'acknowledges the authority of the Environmental Protection Agency to audit and monitor the operatio~ of the User Charge and Industrial Cost Recovery System; and Now, therefore, the City of Boynton Beach, Florida hereby ordains, re-enacts and amends all provisions previously published which are inconsistent with this Ordinance and hereby declares the following to be the User Charge and Industrial Cost Re- covery System and in conjunction with the Industrial and Com~ mercial Waste Ordinance establish the regulations for the operation, maintenance, and management of the wastewater facilitie SECTION I: DEFINITIONS As used herein, the following terms shall have the meanings stated: 1. "B.O.D.": The abbreviation for Biochemical Oxygen Demand or the quantity of oxygen used in the biochemical oxida- tion of organi~ matter in a specified time (5 days) at a specified temperature (20 degrees centigrade) and under specified conditions (Standard Laboratory) expressed in milligrams per liter. 2. "Suspended Solids": Solids that either float on the surface of or are in suspension in water, wastewater, or other liquids and which are largely removable by laboratory filtration. 3. -"Domestic Wastewater": Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from household or toilet wastes resulting from human occupancy. It may or may not contain ground water, surface water, or storm water. 4. "Industrial or Commercial Waste": The liquid wastes from industrial, commercial, or institutional processes as dis- tinct from domestic or sanitary sewage. 5. "Industrial Waste Discharge Permits": A permit issued to control the industrial, commercial, or institutional process flows from users that may be discharged into the sanitary sewer system. This permit is issued in addition to any other types of permits. When issued, the permit will define the characteristics and volume of the flow and acceptance or rejection of individual waste components. -2- 6. "MG/L": Milligrams per Liter - the quantity by weight of a minor constituent present in a given volume of a solution or mixture, expressed in milligrams per liter. 7. "Collection System": The system of public sewers to be operated by franchises and governmental entities, or public sewers connected to such systems collecting wastewater from point sources. 8. "Industrially Classified User": An industrial or commercial user whose liquid wastes are in part made up of flows related to industrial processes, as distinct from an in- dustrial or commercial user whose waste flows are primarily domestic or resulting from human occupancy. 9. "Industrial Cost Recovery": Recovery by a Federal grantee from the industrially classified users of a treanmenn works of the grant amount allocable to the treatment of wastes fr'om such users. 10. "Treatment Works": The wastewater treatment plant, interceptors, force mains, lift stations, and collection systems. 11. "Grantee": Recipient of a Federal Grant for all or a portion of a treatment works as administered by the Environ- mental ProteCtion Agency. 12. "Replacement": Expenditures for obtaining and install- ing equipment, accessories, or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which such facilities were designed and constructed. 13. "Person": Any individual, establishment, firm, company, association, society, corporation, or group. 14. "User Charge": A' wholesale charge levied on the users of the treatment process facilities for the cost of operation and maintenance of such facilities and other equitable and necessary charges. -3- 15. "Surcharge": A charge levied on the users of the treatment works whose wastewater discharge exceeds the parameters established for wastewater strength. 16~ "Shall'is mandatory; "May" is permissive. SECTION II: USER CHARGE SYSTEM There is hereby imposed upon each wholesale customer served bY the sewer system a monthly User Charge for the use thereof as follows: 1. Sewer Rates A charge for waste based on a monthly charge per thousand (1,000) gallons of wastewater discharged into the sewer system applicable to all wholesale customers, which shall include all of the following factors for the operation of wastewater treat- ment and disposal facilities. (a) Operation and Maintenance (b) Capital Costs (c) Treatment Plant Expansion (d) Other as Applicable 2. Sewer Surchargz~ A surcharge for waste in excess of the parameters for strength as established in the Industrial and Commercial Waste Ordinance, Section IX(2)~ which may be assessed to all applicable customers. It is deemed that in the majority of instances such high-strength waste would affect only the regional treatment facility. As such, all surcharge funds received by individual collection systems shall be made payable to the "City" on a monthly basis. Wholesale Sewer Rates This secnion is applicable to thoSe wholesale customers which maintain their own wastewater collection systems. They shall be charged a flat rate of $0.25 per 1,000 gallons, on a monthly basis the quantity of which shall be determined by the metering of the wastewater discharge from each wholesale customer's individual wastewater collection system. -4- The metering device shall be satisfactory to the "City" and shall provide for a separate remote 30-day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by the parties. Ail costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of said meter is and shall be the wholesale customer's responsibility. The wholesale customer shall provide to the "City" or its designated representative full details on the proposed meter installation and assurance that such installation will commence only upon the writ- ten authorization of the "City". The "City" shall provide such authorization within 10 days after receipt by the "City" of the details of the above proposed meter installation. The meter shall be read monthly by a duly authorized agent of the "City", and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected in- accuracy in meter readings, the "City" shall have the right to request that the meter be tested by an independent organization in accordance with standard practices. If the meter shall be found inaccurate or defective~ the cost of the meter test shall be borne by the wholesale customer. If ~the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the "City". SECTION III: INDUSTRIAL COST RECOVERY SYSTEM There is hereby imposed upon the o~ers and upon the users of each industrially classified property served by the sewer system an annual Industrial Cost Recovery Assessment for the use thereof, subject to the following rules, regulations, and limi- tations: 1. Industrial Cost Recovery will be administered in accor- dance with the Federal Water Pollution Control Act Amendments of 1972 and in accord with the Environmental Protection Agency Guide- lines. -5- 2. Industrial users shall be as defined under the Standard Industrial Classification Manual, Divisions A, B, D, E, and I. 3. Users that introduce primarily domestic wastes or wastes from sanitary conveniences are not required to pay an Industrial Cost Recovery Assessment. 4. Industrially classified users which discharge less than 25,-000 gpd of industrial process flows shall be exempt from Industrial Cost Recovery. 5. Industrially classified users shall pay an assessment equal to the amount of the Federal Grant allocable to the treat- ment of industrial waste flow according to the formula as estab- lished herein. 6. As a minimum, an industrially classified user's assess- ment shall be based on sewage flow as a percentage of treatment work capacity. 7. If there is a substantial change in the volume intro- duced into the treatment works by an industrially classified user, such user's assessment shall be adjusted accordingly. 8. If there is an expansion of the treatment works capacity each existing industrially classified user's assessment shall be adjusted as required to maintain proportionality. 9. A "significant" industrially classified user is one who will contribute greater than 10 percent of the treatment works capacity. A letter of agreement must be executed between the grantee and the significant user. 10. An industrially classified user's assessment shall in- clude any firm commitment to the grantee of increased use by such user. 11. An industrially classified user's assessment shall not include any portion of the Federal Grant amount allocable to unused or unreserved capacity. 12. An industrially classified user's share shall not inclu¢ an interest component. -6- 13. Assessment will begin at the commencement of operation .i of treatment works during which the Federal Grant amount is applied. Each induStrially classified user will pay 'its share of the applicable Federal Grant amount divided by the recovery period of 30 years, or the service life of the treatment works~ whichever is less. 14. Industrial Cost Recovery payments by a new industry shall begin on the date use is initiated and shall continue for the unexpired portion of the Industrial Cost Recovery period or until the industry ceases use of the facility, whichever occurs first. Discontinuance of use of treatment works by an industrial user (including termination of any agreement for reserve capacity) will nullify the requirement of an Industrial Cost Recovery Pay- ment from that user. There is no requirement for other industries presently using the treatment works to assume that portion of Industrial Cost Recovery which is unrecovered due to the departure of an industrial user. 15. Sewer users shall have the right to appear before the appropriate governmental entity to appeal User Charge and Industri~ Cost Recovery Charges. If the grievance is not satisfied, the matter may be turned over to a "Hearing Board" for arbitration. The Hearing Board shall be the final arbitrator for grievances regarding User Charge and Industrial Cost Recovery Systems inter- pretation and execution. The cost of the arbitration by the Hearing Board shall be borne by the sewer system which provides wastewater collection service to the sewer user. One member of the Board shall be a reg±stered professional engineer; one membe~ shall be a practicing sanitary engineer; one member shall be a member of industry or manufacturing enterprise; one member shall be a lawyer; and one member shall be selected at large for his interest in accomplishing the objectives of the User Charge and Industrial Cost Recovery Systems. 16. Not later than 30 days after the Industrial Cost Re- covery period begins, the Board will establish the accounting -7- period for the Industrial Cost Recovery system and will notify the Regional Administrator, in writing, of the date of this imple- mentation of the Industrial Cost Recovery system. The first payment to the Board by the industrial users shall be made not later than one year after the beginning of the Industrial Cost Recovery period. 17. The Board shall retain 50 percent of the amounts re- covered from industrially classified users. The remainder, to- gether with any interest earned thereon, shall be returned to the U.S. Treasury on an annual basis. A minimum of 80 percent of the retained amounts, together with interest earned thereon, shall be used solely for the allowable costs of the expansion or recon- struction of treatment works associated with the project and as necessary to meet the requirements of the act. The Board shall obtain the'written approval of the Regional Administrator of EPA prior to commitment of the retained amounts for any expansion and reconstruction. The remainder of the retained amounts may be used as the Board desires. Pending use, the Board shall invest the retained amounts for reconstruction and expansion in: (a) obligations of the U.S. Government~ or (b) obligations guaranteed as to principal and interest by the U.S. Government or any agency thereof; or (c) shall deposit such amounts in accounts fully collateralized by obligations fully guaranteed as to principal and interest by the U.S. Government or any agency thereof. METHOD OF CALCULATION FOR ANNUAL INDUSTRIAL COST RECOVERY ASSESSMENT (a) Federal Grant = Cost Per Gallon Design Capacity (b) Cps~ p~r gallon X Waste Load Service Life = Annual Assessment Where - Federal Grant represents the eligible Federal share of the project costs. Where - Design Capacity represents the treatment capacity of the wastewater plant in gallons per day as established. -8- Where - Cost per Gallon represents the cost per gallon as applied to the Federal Grant. Where - Waste Load represents the wastewater load applicable to the individual industriallY classified user as compiled on a daily basis (excluding the quantity of domestic waste calculated for employee use). Where - Service Life represents the usable life of the project. Where Annual Assessment represents the total annual assessment payable by the user for Industrial Cost Recovery for the fiscal year in which calculate EXAMPLE OF ASSESSMENT CALCULATIONS FOR INDUSTRIAL COST RECOVERY Given: 1. Ajax Mfg. Co. - 25,000* gallons (daily industrial process waste load which excludes the quantity of domestic waste calculated for employee use). 2~ Total average daily design flow of the grant eligible items 1,200~000 gallons. 3. Federal Grant amount - $1,000,000. 4. Assumed life of the project - 30 years. $1,000,000 1,200,000'Gail~ - $0.83 Cost per Gallon $0.83 x 25,000 - $20,750 Total Assessment $20,750 30 Service Li-~ $692 Annual Assessment * This calculation assumes no changes in waste load over the 30-year usable life of the project. SECTION IV: REGULATIONS Regulations of this Ordinance shall apply to all users of the Regional Wastewater Facilities. SECTION V: PENALTIES 1. Any person found to be violating any provision of this ordinance shall be served by the appropriate governmental entity with written notice stating the nature of the violation and provid ing a reasonable time limit for the satisfactory correction thereo -9- The offender shall, within the period of time stated in such notice, permanently cease all violations. 2. Any person who shall continue any violation beyond the time limit provided for in Section V shall be guilty of a mis- demeanor, and on conviction thereof shall be fined in the amount not exceeding 5,000 dollars for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. 3. Any person violating any of the provisions of this ordinance shall become liable to the appropriate governmental entity for any expense, loss, or damage occasioned the entity or t Regional Wastewater Facilities by reason of such violation. SECTION VI: VALIDITY The invalidity of any section, clause, sentence, or pro- vision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts. SECTION VII: AMENDMENTS This Ordinance shall be subject to review and revision on the minimum of an annual basis and the "City" reserves the right to modify this Ordinance or any parts thereof at any time or from time to time. SECTION VIII: ORDINANCE IN FORCE This Ordinance shall be in force and effect from and after its passage, approval, recording, the public welfare requiring it. SECTION IX: REPEALING PROVISIONS 1. Ail ordinances or parts of ordinances in conflict here- with ar~e hereby repealed. FIRST. READING~!.the '. ~ ~ day of ~ , 1979. -10- SECOND, FINAL READING and PASSAGE this ~/, day of ~ , 1979. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Coun¢ ~ ~CITY CLE~' ' (Corporate Seal) -11-