A. For the purposes of this chapter, an industry is considered to be using its reserve capacity, and thus is subject to base operating and maintenance (O and M) costs on a permanent ongoing basis, when its monthly mass emissions exceed its allocated capacity by five percent for either flow, BOD or suspended solids for any three months in a 12-month period. Such base O and M costs shall be levied for the third such month thereof and on a monthly basis continuously thereafter. In the case of a seasonal user, the base O and M costs shall be levied when its weekly mass emissions exceed its allocated capacity by 10 percent for any three weeks in a 12-month period.

B. Any existing industrial customer who chooses not to contract for sufficient reserve capacity to meet its needs and to pay therefore under this section, or any new customer, who thereafter seeks to discharge or is determined by monitoring by the city to be discharging more than its allocated capacity (plus reserve capacity, if any) flow or more BOD or more suspended solids into the system may do so upon approval of the director and upon a finding by the director that the facility can accommodate the increased use and will not infringe upon any allocated or reserved capacity of any other user. For such connection or for such increased use, the customer shall pay a fee (composed of the allocated capacity plus base O and M fees and lease costs) of $16,686 for each million gallons of peak hourly flow rate, plus $5,812 for each million gallons of peak monthly flow rate, plus $463.00 per each 100 pounds of BOD, and $194.00 per each 100 pounds of suspended solids. This shall be an accumulated annual charge with a starting date of September 1, 1979. Such fee is set as an after-imposed reserved capacity charge required for such user to pay its fair share of the capital cost and base operating and maintenance costs which have been incurred in preserving full value of such capital facility with such increased capacity. In addition, a fee of $1,000 shall be collected at time of such new connection to pay city administrative costs in connection therewith. (Ord. M-4359 § 4, 2021; Ord. M-4082 § 9, 2014; Ord. M-2705, 1987)