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HomeMy WebLinkAbout1976 Ordinance No. 026' . . • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. 26 , SERIES OF 1976 AN ORDINANCE AMENDING SECTION 11, CHAPTER 4, OF TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY MAKING PROVISION FOR THE RECOVERY FROM INDUSTRIAL-TYPE USERS OF CERTAIN COSTS RELATING TO FEDERALLY FUNDED BI-CITY TREATMENT PLANT WITHIN THE CITY OF ENGLEWOOD, COLORADO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 11, Chapter 4, of Title XV, of the 1969 E.M.C., is hereby amended to read as follows: 15-4-11: INDUSTRIAL COST RECOVEF.Y ( ICR) {a) In accordance with Title II of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500,33 USC 1251 et. seq.) provision is hereby made for recovery from industrial-type users of the federally funded Bi-City Treatment Plant of their share of the total federal grant. (b) Industries Affected shall be those identified in the Standard Industrial Classification Manual, (SICM) 1972 as revised, Divisions A through I with the specific exception of those industries which discharge only non process, segregated domestic wastes or wastes from sanitary conveniences. Affected industries will be classified as follows: 1. Major Contributing Industries are those having one or more of the following characteristics: {i) have a flow of at least 50,000 qallon/ averaqe work day (ii) have a flow qreater than St of the total system flow {iii) discharge toxic waste in toxic amounts (iv) have significant impact on the treatment process -1- • • • . . Monitoring to determine strength levels shall be accomplished no less fre~uently than annually. The results of sampling and analysis will be recorded in the Utilities office, reported to the affected industry and reported to regulatory agencies per their current directives. 2. Minor Contributing Industries are those identified by SICM, Div. A thru I and not classified as major contributing industries. Monitoring, sampling and analysis of this category will be accomplished where possible to establish "normal" pollutant levels by class. Relevant information from other jurisdictions will be used as available to compare and adjust class rates. (c) Payment Rates shall be computed for ICR customers based on the following basic capital costs for the Bi-City plant: (d) Q (Volume) : BOD: SS: $460.12 / 1000 gal-day of capacity 30.47 I pound-day of capacity 35.04 I pound-day of capacity Specific i a dividual rates will be calculated based on the volume strength and rate of flow in accordance with current frederal guidelines. Adjustments to individual rates will be made annually or more frequently whenever evidence is received that a major change in wastewater volume and/or characteristics has occurred. Payment will commence within one year of the date of initiation of service through the Bi-City plant. Plant Expansion or Uagrading when in the future the plant is expande or upgraded the industrial allocations will be recalculated based on the total expanded capacity of the facility in relation to the capacity provided by federal grants. -2- • • • (e) New Industry is one which connects to a treatment works after such treatment works has been put into service. ICR payments by a new industry shall begin on the date use is initiated and shall continue for the unexpired portion of the ICR period or until the industry ceases use of the facility, whichever occurs first. Total ICR recovered from a new industry shall be the Federal cost of the capacity used multiplied by the ratio of its period of use to the ICR period. (f) Procedures for Management and Investment of ICR Funds: The city shall retain 50% 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. A minimum of 80% 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 grantee shall obtain the written approval of the Regional Administrator prior to committment of the retained amounts for any expansion arid reconstruction. The remainder of the retained amounts may be used as the grantee sees fit, except fo~ construction of industrial pretreatment facilities or rebates to industrial user(s) for costs incurred by such users in complying with Federal user charge or industrial cost recovery requirements. Pending use, the grantee 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 obli- gations fully guaranteed as to principal and interest by the U.S. Government or any agency thereof. Introduced, read in full and passed on first reading on the 21st day of June, 1976. Published as a Bill for an Ordinance on the 23rd day of June, 1976 • -3- • • • Read by title and passed on final reading on the 6th day of July, 1976. · Published by title as Ordinance No. 26 , Series of 1976, on the 7th day of July, 1976. ~~~ ATTEST: I, William o. James, do hereby certify that the above u1 fo · going is a true, accurate and complete copy of the Ordinance , passed on final reading and published by title as rdinance No. 26 , Series of 1976 . -4-