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Home My WebLink AboutORD 1978-030 ORDINANCE NO. 78-30 AN ORDINANCE AMENDING ORDINANCE '73-5 OR THE GRAPEVINE CITY CODE, AS AMENDED, BY ADDING AN INDUSTRIAL CAST RECOVERY CHARGE SECTION; MAKING THIS ORDINANCE CUMUL.A- TIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF �HE GR,APEVINE CITY CODE IN CONFLICT HERE- WITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVER- ABILITY CLAUSE; AND PROVIDING AN EFRECTIVE DATE. � WHEREAS, The Water Pollution Control Act Amendments of 1972, � Public Law 92-500, require that full recovery will be had from the industrial users of the waste treatment works of the Federal portion of the construction costs of treatment works reasonably attributable to treatment of such industrial wastes; and WHEREAS, in order to qualify for Federal assistance in the construction of treatment works, it is necessary that the City of Grapevine adopt an industrial costs recovery charge on each industry in each project for which a grant is received. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEX.AS: SECTION l . That Ordinance 73-5 of the Grapevine City Code, as amended, be and the same is hereby amended to revise Sections 1�, 18, 19 and 20 and to add a new section (20A) : Revisions to Sections 17. 18. 19 and 20 For each and +!�'"" every place in Sections 17, 18, 19 and 20 that the word "Industrial" appears, the word shall be amended to read � "Extra Strength" . Section 20A - Industrial Cost Recovery (a) In providing a waste treatment system which includes the treatment of industrial wastes, either independently or in conjunction with other wastes, the Grapevine Utility Depart- ment shall have the authority to collect from such indust:�ial users all or any part of the construction costs of such waste treatment system reasonably attributed to such industrial wastes. The apportionment of such costs shall be equitable as among industrial users, and such costs may be collected by assessment, connection fee, periodic charges, or in other manners or combinations thereof as in the judgment of the Approving Authority is equitable and will assure such in- dustrial cost reeovery. (b) An Industrial User is any non-governmental user of the City of Grapevine�s waste treatment system, identified in the Stardard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions: s� Division A - Agriculture, Forestry and Fishing Division B - Mining Division D - Manufacturing y�,, Division E - Transportation, Communication, Electric, Gas and Sanitary Services. Division I - Services Any Industrial User may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences . (c) The annual amount to be recovered from each Industrial User shall be predicated on the following formula: ( (� x G) + (E x H) + (� x I) ) f J = Annual Payment ($/year) where: � A. Eligible Rederal Grant allocable to flow (Q) , in dollars B. Eligible Federal Grant allocable to B.O.D. , in dollars �r C. Eligible Federal Grant allocable to S.S. , in dollars D. Total design flow (Q) , in 1000 gal/day. E. Total design B.O.D. , in lbs./day. R. Total design S.S. , in lbs/day. G. Industrial Users, flow discharge to system, in (1) 1000 gal/day. H. Industrial Users� B.O.D. discharge to sys�em, in lbs/day. I . Industrial Users� S.S. discharge to system, in lbs�day. J. Amortization period = 30 years. (d) For the purpose of computing the Industrial Users � annual payment, a cost recovery period of 30 years is hereby established. (�) The Industrial User shall be billed monthly on the basis of his computed annual Industr:iai Cost Recovery Payment divided by 12. (f) Funds collected under Industrial Cost Recovery shall be deposited into a special fund entitled "Industrial Cost Recovery Fund, " which is hereby established. On an annual basis 50 per- cent of the amount recovered, together with interest earned �, thereon, shall be returned to the U.S. Treasury. Of the 50 ' percent remaining together with interest earned thereon, 80 percent shall be used for eligible costs for reconstruction �rrr and expansion pursuant to 40 CFR 35.925-2(b) , and 20 percent used as the City of Grapevine sees fit. (g) Pending use, retained amounts shall be invested 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 be deposited in accounts fully collateralized by obligations of the U. S. Government or by obligations fully guaranteed as to principal and interest by the U. S. Government or any agency thereof. (h) Industrial Users shall be reviewed at least annually by the Grapevine Utility Department for quantity and strength of waste, and the Industrial Cost Recovery adjusted accordingly. (i) The Grapevine Utility Depar�inent shall maintain records and submit reports and financial statements to the Environmental Protection Agency in conformance with the latest regulations. (j) This Ordinance shall be amended, as necessary, to coraply with Federal Regulations. � SECTION 2. �"' That this ordinance shall repeal every prior ordinance and pro- vision of the Grapevine City Code in conflict herewith but only insofar as any portion of such prior ordinance or provision shall be in conflict, and as to all other ordinances or pro- visions of the Grapevine City Code not in direct conflict here- with, this ordinance shall be and is hereby made cumulative. SECTION 3. That all rights or remedies of the City of Grapevine, Texas, are expressly saved as to any and all violations of Ordinance 73-5 or of any amendments thereto, of the Grapevine City Code, as amended, which have accrued at the time of the effective date of this ordinance; and as to such accrued violations , the Court shall have all of the powers that existed prior to the effective date of this ordinance. SECTION 4. ,�, It is hereby declared to be the intention of the City Council that the sections, paragraphs , sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court or competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses , sen- tences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. That the violation of any provision of this ordinance or of the Grapevine City Code relating to water and sewer service shall be deemed in offense and punishable by a fine not ex- ceeding Two Hundred Dollars ($200) , and each violation there- of, and each day on which there is a failure to comply with the terms of this ordinance shall be and is hereby declared to be a distinct and separate offense and punishable as such. �" SECTION 6. � That this ordinance shall be in full force and effect upon the City tying into and utilizing the TRA system. PASSED AND APPROVED on this the 6th day of June , 1978. ��``� -��" _. M yo r ATTEST: . �, City ecre ry APPROVED AS TO RORM: City Attorney � �