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Ord 1690COUNCIL BILL N0. ~ 4 0 ORDINANCE N0, 1690 AN ORDINANCE PROVIDING FOR AN INDUSTRIAL COST RECOVERY SYSTEM FOR FEDERAL CON- STRUCTION GRANTS FOR SEWERAGE AND SEWAGE TREATMENT WORKS, RATES AND CHARGES FOR SAME, THE ADMINISTRATION THEREOF, AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. An industria] 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. Cost recovery provisions shall apply to all industrial users discharging the equivalent of 25,000 gallons per day of sanitary waste or any users determined to be discharging significant quantities of toxic pollutants or other wastes having an adverse effect on the treatment works or processes. 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 per cent of design flow, or of design pollutant loading of the treatment works shall be required to sign letters of intent stating that the user will pay 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 treatr~lent 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. Page 1 - COUNCIL BILL N0. 5 4 0 ORDINANCE N0. 1690 Section 7. 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 user's shares and the col]ection 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 charges remaining unpaid for 60 days after the due date shall be entered on trte 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 jurisdiction, such judgement shall not affect, impair, or invalidate any of the remainder of this ordinance. Page 2 - COUNCIL BILL PdO. 540 ORDINANCE N0. 1690 Section 13, 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 peop]e 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 A~ ~~ ATTEST : ~ :~~~~~' ~~ arney 0. rris, ecorder City of Woodburn, Oregon . ,. .~ , APPROVED: .,` ;:1,:` , ;` ;....., ~~ ~.,,~ ~ ~..~-~' E. ALTER L~ S N, Mayor November 26, 1979 November 26, 1979 November 27, 1979 November 27, 1979 Page 3 - COUfdCIL BILL N0. 540 ORDINANCE NO. 1690 I, B~' 0. HUBRIS, Rscorder of the City of Woodburn, do hereby fy that I caused to be posted three copies of Ordinance No. 1590, 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 traveling public; a seond one of said copies posted on the Woodburn Public Library bulletin board at 280 Garfield Street, in full view of the traveling public; a third one of said copies posted on the Oc~un,ity Center bulletin board at 491 N. 'T'hi.rd St. , in full view of the traveling public; that all of said places are public plats within the corporate limits od the City of Woodburn and all of said copies were posted on the ~~ ~;- day of ~~ ~ ,~ ,~ ,~,, (~ 1979. ~-~ ,. ~~ f' ey is , Reorder City of Woodburn, Oregon