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TITLE XII

PUBLIC UTILITIES

South Dakota

Chapter 12.05     Industrial Wastewater Service Charges

12.0501     Purpose

The purpose of this section shall be to recover the proportional share of the federal grant from users discharging industrial wastewater to the wastewater system.

12.0502     Determining Each Industrial User’s Wastewater Contribution Percentage

The City of Scotland, or its City Engineer, shall determine the industry’s average daily volume of wastewater discharged to the wastewater system, which shall then be divided by the wastewater treatment facility’s average daily volume flow design capacity, to determine each industry’s volume contribution percentage. The City of Scotland, or its City Engineer, shall determine each industry’s average daily poundage of five-day, 20 degree Centigrade biochemical oxygen demand (BOD) discharge in the wastewater system, which shall then be divided by the wastewater treatment facility’s average daily five-day 20 degree Centigrade BOD design capacity to determine each industry’s BOD contribution percentage.

The City of Scotland, or its City Engineer, shall determine each industry’s average suspended solids poundage discharged to the wastewater system which shall then be divided by the wastewater treatment facility’s average daily suspended solids design capacity.

12.0503     Determining the Annual Industrial Cost Recovery Amount

Each of the industrial user’s wastewater contribution percentages determined in Section 12.0502 shall be multiplied by the grant amounts allocable to treatment of volume flow, five day 20 degree Centigrade BOD, and suspended solids respectively. These amounts shall be added together and then divided by thirty (30) years to obtain the annual industrial cost recovery for each user.

If more than one project is involved, the annual industrial cost recovery amount shall be added and billed to the user. The City of Scotland may assess a flat rate cost recovery charge on all small industries, provided the City can demonstrate it is fair and it would be administratively impractical to monitor the industries from which it proposes to collect such a charge.

12.0504     Payment of the Annual Industrial Cost Recovery Amount

The City shall submit an annual statement to the industry for the annual industrial cost recovery amount. The City shall add a penalty of two percent (2%) per month if the payment is not received by the City within fifteen (15) days. Should any industrial user fail to pay the annual industrial cost recovery amount and penalty within three (3) months of the first due date, the City may stop the wastewater service to the property. The first payment by an industrial user shall be made not later than one (1) year after such user begins use of the wastewater system.

12.0505     Review of the Annual Industrial Cost Recovery Amount

The City shall review the cost recovery system as well as each Industrial User’s Wastewater Contribution percentage on an annual basis to assure equity of the annual industrial cost recovery system. If a significant user, such as an industry, has completed in-

plant modifications which would change the industry’s wastewater contribution percentage, the user can present at a regularly scheduled meeting of the governing body such factual information and the City shall then determine if the industry’s wastewater contribution percentage is to be changed. The City shall notify the industry of its findings as soon as possible.

12.0506     Waste Prohibited From Being Discharged to the Wastewater Treatment System

The discharge of waste containing materials in such quantities as to be detrimental to the wastewater treatment process is hereby prohibited. The discharge of wastes which cause or are likely to cause maintenance problems such as to hinder flow, block pipes, and/or clog pumps is hereby prohibited.

12.0507     Retained Amounts

The City shall retain fifty percent (50%) of the amounts recovered from industrial users. The remainder, together with any interest earned thereon, shall be returned to the United States Treasury on an annual basis. A minimum of eighty percent (80%) of the retained amounts shall be used solely as indicated in the Federal Register, which contains the regulations for Construction Grants for Waste Treatment Works.