ORD 73-07 RECOVERY COSTS FOR TREATMENT OF INDUSTRIAL WASTEORDINANCE NO. 73- ~
AN ORDINANCE OF THE CITY OF WINSLOW AMENDING
ORDINANCE 29 AND ESTABLISHING PROCEDURES FOR
RECOVERY OF COSTS OF TREATMENT FACILITIES FOR
TREATMENT OF INDUSTRIAL WASTES
WHEREAS, the City of Winslow has applied for Federal
Assistance in a construction of a sewage treatment plant, out-
fall interceptor and pump station; and
WHEREAS, the Federal regulations require certain
provisions for the recovery of costs from industrial users;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINSLOW
DO ORDAIN AS FOLLOWS:
Ordinance No. 29 of the City of Winslow is hereby
amended to add the following Article:
ARTICLE XII
Section 1. An "industrial user" is defined in this
Ordinance in accordance with a definition which appears within
the user charge regulations published in the Federal register on
May 22, 1973.
Section 2. A'~ajor industrial user" as defined herein
is an individual or a combination of industrial users that con-
tribute 10% or more per average work day, of the total waste
load to the municipal system as measured in waste volume or
strength.
Section 3. All major contributing industrial users
shall be required to enter into an agreement with the City of
Winslow to provide for the payment of the proportionate share of
the Federal share of the capital costs of the sewage project
allocable to the treatment of such industrial waste.
Section 4. All industrial users of the treatment works
shall be required to pay to the City of Winslow that portion of
the Federal grant attributable to the cost of transportation and
treatment of industrial wastes.
Section 5. The recovery of the proportionate share of
costs as required by the terms of this ordinance shall be determined
by agreement between the City and the parties involved which share
shall be based upon all factors which significantly influence the
cost of the treatment works and shall be repaid, without interest
in at least annual payments during the recovery period not to
exceed the service life of the project or 30 years. In the event
the City and the users cannot agree as to the proportionate share
to be repaid to the City, said proportionate share shall be
determined by arbitration and the arbitrator shall be appointed by
the presiding judge of the Kitsap County Superior Court.
Section 6. All major contributing users discharging
into the treatment works shall be required to comply within
three years with the pre-treatment standards established by the
Environmental Protection Agency. In accordance with the pre-
treatment requirements, major industries are defined as those
industries that
(a) have a wastewater flow of 50,000 gallons,
or more, per average work day;
(b) have a wastewater flow greater than 1% of
the flow carried by the municipal system receiving the waste;
or
(c) include the discharge of a toxic material.
PASSED this ~t~ day of June, 1973.
Attest:
Mayor
~ppr ved as to form:
Robert W. McKisson
City Attorney