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~ t- Federal Register J Val. 49, No. 34 /Friday, February 17, 1984 /Rules and Regulations 6245 determined on the date of the approval wastewater produced by a facility that treatment works within the grantee's of the Slep 3 grant. Grant assistance is owned and operated by the Federal service area and the grantee has awarded after September 30,1990 shall government which contributes more continued to use that system; be limited to the needs existing on than 250,000 gallons per day or five (2) The ad valorem user charge system September 30, 1990. percent of the design flow of the distributes the operation and (d) For any application with capacity complete waste treatment system, maintenance (including replacement) in excess of that provided by this whichever is less.. costs for all treatment works in the section: (Approved by the O[fice of Management and grantee's jurisdiction to the residential (1) All incremental costs shall be paid Budget under control number 2040-oozy) and smell non-residential user class by the applicant. Incremental costs (including at the grantee's option include all costs which would net have 635.8130 Sewer use ordinance. nonresidential, commercial and been incurred but for the additional The sewer use ordinance (see also industrial users that introduce no more excess capacity, i.e., any cost in ~ § 35.2122 and 35.2208) or other legally than the equivalent of 25.000 gallons per addition to the most cost-effective binding document shall prohibit any day of domestic sanitary wastes to the alternative with eligible reserve new connections from inflow sources treatment works), in proportion to the capacity described under paragraphs (a) into the treatment works and require use of the treatment works by this class; and (b) of this section. that new sewers and connections to the and (2) It must be determined that the treatment works are properly designed (3) Each member of the industrial user actual treatment works to be built meets and constructed. The ordinance or other and commercial user class which the requirements of the National legally binding document shall also discharges more then 25,000 gallons per Environmental Policy Act and all require that all wastewater introduced day of sanitary waste pays its share of applicable laws and regulations. into the treatment works not contain the costs of operation and maintenance (3) The Regional Administrator shall toxics or other pollutants in amounts or (including replacement) of the treatment approve the plans, specifications and concentrations that endanger public works based upon charges for actual estimates for the actual treatment safety and physical integrity of the USe works. treatment works; cause violation of (c) Notification. Each user charge (4) The grantee shall assure the effluent or water quality limitations; or system must provide that each user be Regional Administrator satisfactorily preclude the selection of the most cost- notified, at least annually, in that it has assessed the costs and effective alternative for wastewater conjunction with a regular bill (or other financial impacts of the actual treatment treatment and sludge disposal. means acceptable to the Regional works and has the capability to finance (Approved by the Office of Management end Administrator), of the rate and that and manage their construction and Budget under control number 2o4a-0027) portion of the user charges or ad operation. valorem taxes which are attributable to (5) The grantee must implement a user 635.2140 User charge system. charge system which applies to the The user charge system (see wastewater treatment services. entire service area of the grantee. 6635.2122 and 35.2208) must be designed (d) Financial management system. e) The rantee shall execute to produce adequate revenues required Each user charge system must include ( g an adequate financial management appropriate grant conditions or releases for operation and maintenance system that will accurately account for protecting the Federal Government from (including replacement). It shall provide revenues generated by fhe system and an claim for an of the costs of that each user which discharges construction due to the additional pollutants that pause an increase in the expenditures for operation and cost of mans to the effluent or stud a maintenance (including replacement) of capacity, g g g the treatment system, based on an from the treatment works shall pay £or 6 35.2125 Treatment of wastewater from such increased cost. The user charge adequate budget identifying the basis Industrial users. system shall be based on eithar actual for determining the annual operation (e) Grant assistance shall not be use under paragraph (a) of this section, and maintenance costs and the costs of provided for a project unless the project ad valorem taxes under paragraph (b) of Personnel, material, energy and is included in a complete waste this section, or a combination of the two. administration. treatment system and the principal (a) User charge system based on (e) Charges for operation and purpose of both the project and the actual use. A grantee's user charge maintenance for extraneous flows. The system is for the treatment of domestic system based on actual use (or user charge system shall provide that wastewater of the entire community, estimated use) of wastewater treatment the costs of operation end maintenance area, region or district concerned. services shall provide that each user (or for all flow no[ directly attributable to (b) Allowable project costs do not user class) pays its proportionate share users (i.e., infiltration/inflow) be include: of operation and maintenance (including distributed among all users based upon (ij Costs of interceptor or collector replacement) costs of treatment works either of the following: sewers constructed exclusively, or within the grantee's service area, based (1) In the same manner that it almost exclusively, to serve industrial on [he user's proportionate contribution distributes the costs for their actual use, users; or to the total wastewater loading from all or (2) Costs for control or removal of users (or user classes). (2) Under a system which uses one of pollutants in wastewater introduced into (b) User charge system based on od any combination oC the following factors the treatment works by industrial users, valorem !axes. A grantee's user charge on a reasonable basis: unless the applicant is required to system which is based on ad valorem (i) Flow volume of the users; remove such pollutants introduced Crom taxes may be approved if: (ii) Land area of the users: nonindustrial users. (1) On December 27, 1977, the grantee (iii) Number of hookups or discharges bed in existence a system of dedicated of the users; 6 35.2127 Federal tacllltlea. ed valorem taxes which collected (jv) Property valuation of the users, if Grant assistance shall not be provided revenues to pay the cost of operation the grantee has an approved user charge for costs to Iransporl or treat end maintenance of wastewater eyelem based on ad valorem taxes.