59-78 Agree to pay non-fed project costs for WWTP

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O[ll)IN^NCE NO. 59-78 BY: Messrs. McBride, Salmon, Brockman, Brown, Chinnock, Magnotto AN EMI",IIGI~NCY OI{DINANCE to provide certain assurances of the City of Lakewood to the United ,States Environmental Protective Agency, agreeing to pay all non-Federal project costs and authorizing the Mayor to sian all forms and agreements relating to the city's application for a Step II grant and proposed modifications of the Waste Water Treazment Plant. WtlEREAS, the U.S. EPA has amended part 35 of title 40CFR to include regulations for user charge systems pursuant to Section 204(b) of the Federal Water Pollution Control Act Amendments of 1972; and WIII~RI,;AS, thc U.S. EPA has .amended part 35 of title 40CFR to inc]ude regulations for industrial cost recovery pursuant to Section 204(b) of the Federal Water Pollution Control Act Amendments of ].972; and WHEREAS, regulations require 'that an industrial cost recovery system be adopted by all recipients of sewage treatment works grants; and WIIEREAS, U.S. EPA amended part 35 of tit]e 40CFR to require sewer tiaa legislation; and WIIEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department. NOW, TttEREFORE, BE IT ORDAINED by.the Council of the City of Lakewood, State of Ohio: Section 1. The City of Lakewood hereby provides assurance to the U.S. Environmental Protection Agency that it has the legal, institutiona], managerial and financial capability to ensure construction and proper operation a.nd maintenance of treatment works throughout its jurisdiction; and agrees to pay all non-Federal project costs. Section 2. The City of Lakewood hereby provides assurance that prior to a request for 50 per cent payment of a Step III grant it will submit evidence of timely development of a system to assure that each recipient of waste treatment services within the jurisdiction of the City o[ Lakewood will pay its proportionate share of the cost of operation and maintenance, including replacement, of treatment works provided by the City of Lakewood, and that prior to a request {or an 80% payment of a Step III grant it will establish a system of user charges in accordance with part 35 of title 40 as amended. Section 3. The City of Lakewood hereby provides assurahce that prior to request for a 50% payment of the Step III grant it will submit evidence of timely development of an industrial cost recovery system and prior to request for 80% payment of the Step III grant it will'estabtish an industrial cost recovery system in accordance with part 35 of title 40 as amended. Section 4. The City of Lakowo~)d has received silrnod lel. l.(,rs ~f inlets( , wh~,ro ~l)pr¢~pri:~lc, I'rCm~ ~,nch gil~nil'ica~l ~llCIu~Lrial tIN,,r, ~1~ d~'i'in~,d I~y S~,cf i~. ',~5.925-12 I.~) I)ay thai I)~t'tion of the grant amc, unt allocable to treatment of its wastes. Each such letter includes a statement of the industrial user's intended period of use of the treatment Works. The City of Lakewood agrees to require all industrial users to pay that portion of the grant amount allocable to treatment of waste from such users.