Legal Documents of Newport

Purpose of charges and fees. A schedule of charges and fees shall be adopted by the board which will enable it to comply with the revenue requirements of the Act and its amendments. Charges and fees shall be determined in a manner consistent with regulations of the Act and policies of the board to insure that sufficient revenues are collected to defray the board's cost of operating and maintaining adequate wastewater collection and treatment systems and to provide sufficient funds for capital outlay, bond service costs, capital improvements, depreciation, and equitable industrial cost recovery of EPA administered federal grants.

Classification of users. All users are to be classified by the board either by assigning each one to a "user classification" category according to the principal activity conducted on the user's premises, by individual user analyzation, or by a combination thereof. The purpose of such collective and/or individual classification is to facilitate the regulation of wastewater discharges based on wastewater constituents and characteristics, to provide an effective means of source control, and to establish a system of charges and fees which will insure an equitable recovery of the board's cost.

Types of charges and fees. The charges and fees as established in the board's schedule of charges and fees, may include, but not be limited to:

1. User classification charges;
2. Fees for monitoring, maintenance, and analysis;
3. Fees for permits;
4. Surcharge fees;
5. Industrial cost recovery charge;
6. Local capital recovery charges;
7. Discharge permit fees.

Charges and billing.

1. Wastewater service charge. The wastewater service charge for normal domestic wastewater is based on the water discharged to the POTW as measured by the public water supply meter, or meters, and/or by any supplementary meter, or meters, necessary to measure the amount of water discharged. The basic wastewater service charge shall be determined upon the metered flow and the schedule of charges and fees adopted by the board.
2. Extra strength surcharge. Users who discharge or cause to be discharged extra strength wastes to the sewer system in accordance with the provisions of this ordinance without appropriate permit therefore will be subject to surcharges to compensate the POTW for above normal operating and maintenance expense incurred in treating and disposing of the discharge with credit for any reduced operating cost as a result of the constituents or characteristics discharged by the user. The surcharge for extra strength wastes will be assessed in accordance with the schedule of charges and fees adopted by the board. Users who discharge extra strength wastes without a permit shall be subject to the provisions of § 18-112(8) of this chapter.
3. Sampling, flow monitoring, and analysis. Users who are required by the general manager to have sampling and fee monitoring devices installed (temporary or permanent) shall, if applicable be charged to compensate the board for operating and maintaining equipment and for performing analytical tests on their discharge.
4. Industrial cost recovery charges. All nongovernmental users identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under Division A (agriculture, forestry and fishing), Division B (mining), Division D (manufacturing), Division E (transportation, communications, electric gas, and sanitary services), and Division I (services), which discharge to the sanitary sewers wastes other than domestic wastes or wastes from sanitary conveniences shall be assessed a federal industrial cost recovery charge in connection with federally funded projects as required in title 40, part 35 of the U.S. EPA regulations, based on a schedule of charges and fees which shall be adopted by the board. The federal ICR charge will not be assessed until required by applicable federal regulations.
5. Local capital recovery charges. All such users identified in subsection (4)(d) of this section shall also be assessed a local capital recovery charge in connection with both federally funded and non-federally funded projects. The local capital recovery charges shall be based on a schedule of charges and fees which shall be adopted by the board to recover the portion of the project capital cost applicable to each such user.

6. Billing. The billing for normal domestic wastewater shall consist of a minimum wastewater service charge with rates as specified by the board, subject to net and gross rates. Wastewater discharges with above normal strength characteristics will be subject to an extra strength surcharge in addition the wastewater service charge. In addition, certain industrial users will be liable for payment of industrial cost recovery, sampling, flow monitoring, and analysis charges, and other charges as applicable.

   1. Minimum charges. The minimum charge for sewer service will be stated in the schedule of rates and charges as established by the board.
   2. Estimated billing. If a meter fails to register properly, or if a meter is removed to be tested or repaired, or if water is received other than through a meter the board reserves the right to render an estimated bill based on the best information available. The board also reserves the right to require metering of any water discharged into the sewer system.
   3. Supplemental water supply. In the event that any customer uses water from a source other than the public water supply and discharges the wastewater into the POTW, the customer must install or have installed according to the board's specifications and maintain a supplementary meter to measure the amount of water so used and the amounts so used shall be computed in determining the wastewater service charge.
   4. Adjustments and correction of errors. Adjustments to billing for over or under registration of meters, for leaks, for the determination of water use by consumers when meters have been inoperative, for an obviously incorrect meter reading, or for other recognized and proper adjustments as are granted to water consumers by the board will be accepted by the board and such adjustments for water use shall be applied in obtaining the indicated adjusted billing of sewer charges. All other requests for adjustments of sewer charges made to the board shall be referred to the general manager who will handle such complaints. Any adjustments or decision thus authorized by the general manager shall be made to the customer affected thereby.
   5. Exemptions. Claims for exemption from the sewer service charge because of nonavailability of sewers may be made to the general manager. Exemptions from the charge will retroactive to the commencement date of the sewer service charge.

Computation and assessments. The computation of and assessment of surcharges, monitoring charges, maintenance charges and testing or analysis charges shall be subject to the appeals procedure provided in this ordinance. (Ord. # , Oct. 1980)