Subtitle 14 – Surcharge for Industrial Wastewater

In addition to normal sewer charges, which are based on the volume of wastewater discharged into the public sanitary sewers, there shall be levied a surcharge for discharging into the sanitary sewer system any wastewater which exceeds the maximum values of polluting materials established by the surcharge formula in <cite data-path="|25|§14-3">§ 14-3 of this subtitle</cite>.

There is hereby imposed an annual surcharge, established by the surcharge formula in <cite data-path="|25|§14-3">§ 14-3 of this subtitle</cite>, for the use of, and the services rendered by, the plants, properties, works, systems, or facilities, or any part thereof, which are owned or controlled by the City, for discharging any wastewater into the sanitary sewer system and/or storm sewer system which exceeds the maximum values of polluting materials.

The surcharge imposed hereunder shall be on a calendar year basis at the annual rate as established by the surcharge formula in <cite data-path="|25|§14-3">§ 14-3 of this subtitle</cite>.

Such surcharge shall be applicable to all establishments that discharge directly or indirectly into the City sewer system and shall be payable to the City on an annual basis.

The provisions of this subtitle shall apply to all properties and the owners thereof which are subject to the payment of the surcharge imposed under this subtitle, without regard to the source or sources of water used on said properties.

Surcharges shall be based upon the average volume and concentration of flow discharged to the sanitary sewer, multiplied by factors expressing the costs of treating the constituents covered by the formula.

The amount of total surcharge will be determined from the following formula: V x 8.34 x Fa (BOD - 300 mg/1) + V x 8.34 x Fb (SS - 300 mg/1) + V x 8.34 x Fc (TP -12 mg/1) where: V = volume of waste in millions of gallons discharged to the public sewer tributary to the treatment plants. Fa = cost per pound (in dollars) of removing BOD constituents from the wastewater, expressed to the nearest tenth of a cent. Fb = cost per pound (in dollars) of removing suspended solids from the wastewater, expressed to the nearest tenth of a cent. Fc = cost per pound (in dollars) of removing total phosphorus from the wastewater, expressed to the nearest tenth of a cent. BOD = biochemical oxygen demand. SS = suspended solids. TP = total phosphates.

Until a reliable cost can be established for treating each constituent at the City treatment plants, the cost factor may be based upon the average cost of treating those constituents at other plants having like or similar processes and effluent requirements.

Should it become necessary to place a surcharge on other constituents, charges will be computed in the same manner.

Where the person or establishment purchases all of its water from the City and discharges all of it as wastewater to the sewer system, the volume of water purchased shall be used as a measure of the quantity of industrial wastewater discharged.

Whenever a person or establishment using a private water supply discharges wastewater to the sewer system, either sanitary or (where allowed) storm, the flow will be based upon:

the Director of Public Works or his delegate shall have the authority to determine the volume of industrial wastewater being discharged into the City’s sewage system or storm drain facilities and/or the cost for treating the constituents covered by the formula of the discharge under the facts and circumstances in each case; and

the charges imposed under this subtitle shall be calculated and based upon the volume of industrial wastewater and/or the cost for treating the constituents covered by the formula of the discharge being discharged into the City’s sewage system or storm drain facilities as determined by the Director of Public Works or his delegate as aforesaid.

All surcharges shall be billed by the Department of Finance of the City. Said surcharges may be included in the same bills rendered for water charges, or stated in separate bills, and shall be collected by the Department of Finance of the City.

All surcharges imposed under this subtitle shall be due and payable on the January 1 of each year.

Any surcharge unpaid on April 1 of such taxable year shall be considered in arrears and delinquent and all water services shall be subject to turn-off for nonpayment of such surcharge at any time thereafter.

For all surcharges due and payable or which are overdue and in arrears on and after January 1, there are hereby imposed the following penalties, which include interest at the rate of 8% per annum, on all such surcharges becoming in arrears, the same to be imposed in or for the year for which such surcharges were levied:

The Director of Public Works shall provide each Council member with a semi-annual list of those establishments in the member’s district which pay the sewer surcharge.

Any member of the public may acquire a copy of a list upon payment of a charge to cover the cost of copying and mailing.

to carry out and enforce the provisions of this subtitle;

to collect the surcharges imposed under this subtitle; and

to define or construe any of the terms and provisions used in this subtitle in connection with the imposition or collection of said surcharges.