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Home My WebLink About939q ORDINANCE NO. q 3 AN ORDINANCE ESTABLISHING AN INDUSTRIAL COST RECOVERY SYSTEM FOR THE BATESVILLE, ARKANSAS UTILITY COMMISSION WASTEWATER PUMPING AND TREATMENT SYSTEM. WHEREAS, the Utility Commission of the City of Batesville, Arkansas is charged with the responsibilities of operating and maintaining the Batesville Wastewater System in accordance with all applicable local, state, and federal laws; and WHEREAS, the U. S. Environmental Protection Agency (EPA) has required as a grant condition for the receipt of grant i funds (EPA Project No. C-05-0332-03) to finance in part the Batesville Wastewater Pumping and Treatment System, that an i Industrial Cost Recovery System be developed by the grantee, the City of Batesville through its operating agent, the Batesville Utilities Commission; and I WHEREAS, the Industrial Cost Recovery System must comply) with published regulations under Public Law 92-500 which stipulates that "any non-governmental user 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: (a) Division A. - Agriculture, Forestry, and Fishing (b) Division B. - Mining e (c) Division D. - i Manufacturing (d) Division E. - Transportation, Communications, Electric, Gas, and Sanitary Services (e) Division I. - I Services" is subject to provisions of the Industrial Cost Recovery System �i as described hereinafter; and i, WHEREAS a user in the Industrial Divisions previously listed may be excluded if it is determined that it will Introduce primarily :segregated domestic wastes or wastes from sanitary conveniences. I i i J is I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, a City of Batesville, Arkansas, that: j (1) All existing or future industrial i users as defined hereinafter which contribute is waste to the sanitary sewer system of the City i of Batesville, Arkansas, shall be charged a fee in proportion to the federal grant allocable to the treatment of such industrial waste, which i i fee is termed industrial cost recovery, and which i fee shall be based upon strength, volume and i delivery flow rate characteristics of such waste. ii (2) An industrial user shall be classified as any nongovernmental, nonresidential user of a j publicly owned treatment works which discharges I more than the equivalent of 25,000 gallons per day (GPD) of sanitary waste and which is i i identified in the Standard Industrial Classifica- tion Manual of 1972, Office of Management and Budget, as amended, and supplemented under one j ;i i 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. Division I. - Services. In determining the amount o' a user's discharge for pur,-()s(, of industrial cost recovery, there shall be excluded from the GPD of sanitary waste all domestic waste or discharge from sanitary conveniences. P scharger,� in the above -enumerated - 2 - divisions that have a volume exceeding 25,000 GPD, or discharge into the system a weight of biochemical oxygen demand or suspended solids greater than 56 pounds per day, are defined as industrial users. Any nongovernmental discharger which dis- charges wastewater into the treatment works which contains toxic pollutants or poisonous solids, liquids or (rases in sufficient quantity either singly or by interaction wi.tt� other wastes to contaminate the sludge of the waste- water treatment facility, or to injure or interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, or creates a public nuisance, or creates any hazard in or has an adverse effect on the waters rece=i_ving the discharge from the treatment works, is also defined as an industrial user. (3) Each ,year during the industrial cost recovery period, each industrial user of the treatment works shall pay its share of the total amount of grant attributable to industrial use divided by the recovery period in addition to the normal monthly sewer user charge and surcharge. (4) The industrial cost recovery period shall be equal to 30 years. (5) For a new industry, one which connects to the treatment works after they have been put into service, these TCR payments shall begin on the dale use of the treatment works is initiated, and shall continue .for the unexpired portion of' the ICR period on the - 3 - same basis as existing industries. (6) ICR payments for any industry shall continue for the unexpired portion of the ICR period, or until that industry ceases use of the facility. An industry planning to dis- continue its use of the treatment facility during the ICR period shall make its intentions known in a letter of intent giving 60 days notice. (7) Each affected industrial discharge shall be monitored on a periodic basis but as a minimum once each�ear to determine flows and loadings. The Utilities Commission or its agents or employees shall be allowed access to the user's premises as necessary for inspection, observation, measurement, sampling or testing of wastewater discharged by the user into the system. (8) If there is substantial change in the strength, volume or delivery flow rate character- istics introduced into the treatment works by an industrial user, such user's share shall be j i adjusted accordingly. (9) If there is an expansion or upgrading i of the treatment works, each existing industrial user's share shall be adjusted accordingly, i except for any industrial user who has entered into a reserve capacity agreement with the City of Batesville, the fee for which industrial I user shall be subject to the provision of para- graph 10 below. (10) If an industrial user enters :into an agreement with the grantee (City of Batesville, Arkansas) to reserve a certain capacity of the treatment works, the user's industrial cost recovery payment shall be based on the total reserve capacity in relation to the design - 4 - capacity of the treatment works. If the dis- charge of an individual user exceeds the reserve capacity in volume, strength or delivery flow rate characteristics, the user's industrial cost recovery payment shall be increased to reflect the actual use. If there is no reserve capacity agreement between the industrial user and the City of Batesville, and a substantial change in the strength, volume, or delivery flow rate characteristics of an industrial user's discharge share occurs, the user's i share shall be adjusted proportionately. (11) All industries affected by this Ordinance shall have, upon receipt of written `I notification from the Utilities Commission of f �j a change in ICR costs, 30 days in which.to appeal i to the Commission the stipulated changes in ICR costs. (12) Any industry subject to ICR charges may remit to the Utilities Commission the appropriately computed charges on either a monthly, quarterly, but no less often than a yearly, basis. The first payment by an industrial user shall be made no later than 1 year after such user begins use of the treatment works after the effective date of this Ordinance. (13) Retained Amounts: (a) The City 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. Treasury on an annual basis. - 5 - (b) A minimum of 80 percent of the retained amounts, together with interest earned thereon, shall be used solely for the eligible costs 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 commit- ment of the retained amounts for any expansion and reconstruction. The remainder of the retained amounts may be used as the City sees fit. (c) Pending use, the City shall invest the retained amounts for reconstruction and expansion in: (l) 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 agency thereof. (14) The City through its Utility Commission will maintain such records as necessary to document compliance with the above with the right of the Environmental Protection Agency to audit all records pretinent to this ICR system. (15) Any change or amendment to this Ordinance must have written approval of the Regional Administrator of the E.P.A. - 6 - (16) The City of Batesville fixes and establishes the following general equations to be used in computing and allocating Industrial Cost Recovery charges that shall be paid by all qualifying users of the Batesville Wastewater System as previously defined, said charges becoming effective fiscal ,year beginning October 1, 1980, with the total charge being the summation of the charges for flow, B.O.D., and suspended solids as follows: ICR charges to flow = $2,519,820/30 ,yrs/12/132,620 1000 gals/month = $0.0528/1000 gals/month ICR charges to B.O.D. = $1,353,660/30 ,yrs/12/ 331,540 lbs/month = $0.0113/lb /month ICR charges to Suspended Solids = $315,520/30 ,yrs/12/331,540 lbs/month = $0.00264/lb /month These charges were derived from the totals of Table 2 of Supplement No. 1 attached to this Ordinance. (17) Definitions: B.O.D. - The lettere "BOD" (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 200C, expressed in milligrams per liter. The laboratory determination shall be made in accordance with the procedures set forth in "Standard Methods". SUSPENDED SOLIDS - The words "suspended solids" or the abbreviation "SS" shall mean solids that either .float on the surface of, or are in suspension in, water, sewage, or other liquids and which are removableby laboratory filtering. - 7 - Quantitative determination of suspended solids shall be made in accordance with procedures set forth in "Standard Methods" and shall be expressed in milligrams per liter. STANDARD METHODS - The words "Standard Methods" shall mean the examination and analytical procedures set forth in the latest edition, at the time of analysis of "Standard Methods for the Examination of Water and Wastewater" as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control federation. (18) In the event of failure in the payment of any charge levied under the Industrial Cost Recovery System for treatment of wastewater for a period of thirty (30) days after due, all services of the wastewater system to the user, liable for such charge may be terminated.After the passage of said thirty (30) day period the charge shall be considered a delinquent charge and the owner, of the premises upon which the user is situate shall be liable for the payment of all delinquent charges even though the use of the sewer system is by a tenant, lessee, or sublessee instead of the owner. If the charges are not paid before delinquency, suit shall be brought in accordance with the laws of the State of Arkansas to enforce a lien upon the land upon whichthe user is or was situate and to collect the amounts due, together with a ten percent (10%) penalty and a reason- able attorney's fee. - 8 - (19) All laws and parts of laws inconsistent herewith are hereby repealed I - PASSED ON FIRST READINGX/r( 1980. PASSED ON SECOND READING ,if Z 1980. ADOPTED this ,% day of 1980. ATTEST: CITY CLER is APPROVED AS TO FORM AND LEGALITY: COMMI>�`ST--GN ATTORNEY - 9 - MAYOR CITY OF BATESVILLE, ARKANSAS SUPPLEMENT NO. 1 TO ORDINANCE NO. 934 The following Table I shows only those grant eligible cost items. I: TABLE I i� BATESVILLE, ARKANSAS i GRANT ELIGIBLE PROJECT COSTS I li $4,050,000 75% 25% Ii Item Total CITY OF BATESVILLE, ARKANSAS SUPPLEMENT NO. 1 TO ORDINANCE NO. 934 The following Table I shows only those grant eligible cost items. I: TABLE I i� BATESVILLE, ARKANSAS i GRANT ELIGIBLE PROJECT COSTS Fill, etc. 684,000 513,000 171 000 Sub -Total $51500,000 $4,050,000 75% 25% 320,000 Item Total Grant Local i Pumping Station TOTAL $5,720,000 $4,2903000 $1,430,000 Structures $ 378.5200 $ 2.83,650 $ 94,550 I Equipment 575,000 431,250 143,750 'I Force Main 168,800 126,600 42,200 I( Treatment Facilities 331,540 lbs/mot Average S.S. 10,900 lbs/day (300 mg/1) Commi.nutors 79,500 59,625 19,875 Grit Chamber 150,800 7.13,100 37,700 ii Aeration System Levee Work 1,190,000 892,500 297,500 Equipment 465,000 348,750 1163250 Blowers & Acces. 221,700 1663,275 55,425 ii Air Piping 260,000 195,000 65,000 lEffl. Filters 313,100 234,825 78,275 Alum Feeder 81,600 615200 20,400 Chlorine Bldg. & ?` Basin 161,700 121,275z t0 425 ii Effl. Pump Sta. & Misc. Piping 315,700 236,775 78,925 Eng. - Gen. 211,600 153,700 52,900 Main Bldg. 143,300 1075475 35,825 Misc . Incl. Rds . Elec., Site Fill, etc. 684,000 513,000 171 000 Sub -Total $51500,000 $4,050,000 $1,350,000 Engrg. & Admin. (Steps 320,000 240,000 805P000 1, 2. and 3 ) TOTAL $5,720,000 $4,2903000 $1,430,000 Disbursement of Grant Funds to Flow, B.O.D. and Suspended Solids Design Basis (Original) DAILY MONTHLY EQUIVALENT Average Flow 4.36 Mill. Gals/day 132,620,000 ga: Average B.O.D. 10,900 lbs/day (300 mg/1) 331,540 lbs/mot Average S.S. 10,900 lbs/day (300 mg/1) 331,540 lbs/mor Mg/l x 8.34 x million gallons flow = lbs (pounds) t OR 93 TABLE II BATESVILLE, ARKANSAS GRANT COSTS ALLOCATED TO FLOW, B.O.D., S.S. Deduct 7% of Items 1, 2, and 3 for non -excess flow $ 1013000 -- -- -- ----- $ 101,000 TOTALS $2,519,820 $1,3533660 $3153520 $4,189,000 gn *Consolidated from Table I In FLOW B.O.D. S.S. ITEM % COST % COST % COST GRANT 1 Pump Sta.& F.M.* 95 $ 799,425 -- -- 5 $ 42,075 $ 841,500 2 Comminutors 90 53,665 -- -- 10 5,960 59,625 �rit Chamber 100 113,100 -- -- -- ----- 113,100 4 System* 40 496,500 50 $ 6203625 10 1243125 1,2413250 Lowers Blowers & Access.* incl. Air Piping 20 72,255 80 2893020 -- ----- 3613275 Effl. Filters 90 2113345 -- -- 10 23,480 2343,825 Alu�'�, Feeder 90 553080 -- -- 10 6,120 61,200 8 Chlorine Bldg. Basin 60 72,765 40 48,510 -- ----- 121,275 Band Effl. Pump Sta. 90 213,095 5 11,840 5 113840 2363775 10 Main Bldg., Eng., Gen., & Misc. & Misc. 50 389,590 40 311,665 10 77,920 779,175 lPiping Engrg. & Admin. 60 14431000 30 7251000 10 243000 240,000 SUB -TOTALS 61 $23620,820 $1,353,660 $315,520 $432903000 Deduct 7% of Items 1, 2, and 3 for non -excess flow $ 1013000 -- -- -- ----- $ 101,000 TOTALS $2,519,820 $1,3533660 $3153520 $4,189,000 gn *Consolidated from Table I In