Ord 1692COUNCIL BILL N0. 544
ORDINANCE N0. 1692
AN ORDINANCE PROVIDING FOR AN INDUSTRIAL COST RECOVERY SYSTEM FOR FEDERAL CON-
STRUCTION GRANTS FOR SE~JERAGE AND SEWAGE TREATMENT WORKS, RATES AND CHARGES
FOR SAME; THE ADMINISTRATION THEREOF; REPEALING ORDINANCE NO. 1690; AND DECLARI~JG
AN EMERGENCY.
THE POEPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. An industrial cost recovery system is hereby established
to recover from industrial sewer users those portions of construction grants
provided under Public Law 92-500, present or future, which are allocable to
such users.
Section 2. Industrial cost recovery provisions shall apply only to
any non-governmental, non-residential user of publicly owned treatment works
which discharges more than the equivalent of 25,000 gallons per day of sanitary
wastes and which is identified in the "Standard Industrial Classification Manual",
1912, Office of Management and Budget, as amended and supplemented,under one of
the following divisions:
Division A. Agricultural, Forestry and Fishing.
Division B. Mining
Division D. Manufacturing.
Division E. Transportation, Communications, Electric, Gas and
Sanitary Services.
Division I. Services.
Section 3. The industrial cost recovery period shall be equal to 30
years, or the design useful life of the treatment works, whichever is the lesser.
Section 4. An industrial user's share shall include only that portion
of grant assistance allocable to its use or to capacity firmly committed for its
use.
Section 5. Any significant industrial users responsible for more than
10 percent of design flow, or of design pollutant loadina of the treatment works
shall be required to sign letters of intent stating that the user will pay
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ORDINANCE N0. 1692
that portion of the grant amount allocable to the treatment of its wastes.
Section 6. An industrial user's share shall be based on those factors
significantly influencing the cost of the treatment works, such as volume or
rate of flow, strength or concentration of waste loading, or any other load
factor including those unique to such user.
Section 1. Each user shall be required to pay his industrial cost
recovery payments at regular intervals, not exceeding six months apart, with
first payment to be made within six months after the user first begins use of
the treatment works, or has been determined to be subject to the industrial
cost recovery program.
Section 8. Allocation of users' shares and the collection and dis-
bursement or distribution of industrial cost recovery funds shall be in accord-
ance with the rules and regulations of the Environmental Protection Agency, or
successor, as administrator of the construction grants program.
Section 9. To evaluate and monitor effluent loadings, the city may
require the installation by users of measurement and sampling equipment at the
user's expense, for which user shall provide reasonable access to the City
Engineer, or his designate, during hours of operation for the purpose of in-
specting and monitoring such measurement and sampling.
Section 10. The City Engineer shall be charged with administration
of the industrial cost recovery system, including allocation of recovery charges.
Section 11. Any industrial cost recovery charaes remaining unpaid
for 60 days after the due date shall be entered on the City Lien Docket and shall
be recovered as any other city lien, as provided in the City Charter.
Section 12. If any clause, sentence, paragraph, section or portion of
this ordinance for any reason shall be adjudged invalid by a court of competent
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ORDINANCE N0. 1692
jurisdiction, such judgment shall not affect, impair, or invalidate any of the
remainder of this ordinance.
Section 13. That Ordinance No. 1690 of the City of l~oodburn is
hereby repealed.
Section 14. Inasmuch as this ordinance is required under the pro-
visions of the construction grant for the sewage treatment plant and is a
condition of further payments of grant funds., and this affects the health,
peace and safety of the people of Woodburn, an emergency is declared to exist
and this ordinance shall be in full force and effect upon its passage by the
Common Council and signature by the Mayor.
Submitted to the Council
Passed by the Council
Approved by the Mayor
Filed in the Office of the Recorder
,~~°,
ATTEST ~'
• ~ :~.~~~
a~ ney 0.. urri s, Recorder
City of Woodburn, Oregon
APPROVED:
E.` S ,MAYOR
December 17, 1979
December 17, 1979
December 18, 1979
December 18, 1979
Page 3 - COUNCIL BILL N0. 544
ORDINANCE NO. 1692
I, BARNEY Q. HUBRIS, Recorder of the Cty~of Woodburn, do
hereby certify that I caused to be posted three copies of
O~r~inance No. 1692, one of which said copies posted in the
City Hall on the bulletin board adjacent to the entrance
to the Recorder's Office, in full view of the~trav~ling
public;. a second orof said copies posted on the Woodburn
Rublic Library bulletin board at 280 Garfield Street, in
full view of the traveling public; a third one of said copies
posted on the Community Center bulletin board .at 491 N.
Third Street, in full view of the traveling public; that
all of said places are public places within the corporate
limits of the City of Woodburn and all of said copies
were posted on the ~' ; t'r day o:~ ~'~~~c~,,a~+'Y~ 1979.
~~ Barneyf 0. Burris , Recorder
City of Woodburn, Oregon