26-79 Repeal 59-78, Assure EPA city will pay WWTP

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ORDINANCE NO. 26-79 BY: Brown, Chinnock, Magnotto, McBride, Wendling, Brockman AN EMERGENCY ORDINANCE to provide certain assurances of the CitY of Lakewood to the United States Environmental Protective Agency, agreeing to pay all non-Fed- eral project costs and authorizing the Mayor to sign all forms and agreements relatinq to the city's application for a Step II Grant and proposed modifications of the Wastewater Treatment Plant and to repeal Ordinance 59-78 adopted July 5, 1978. WHEREAS, THE U.S. EPA has amended part 35 of title 40CFR to include regula- tions for user charge systems pursuant to Section 204 (b) of the Federal Water Pollution Control Act Amendments of 1972; and, WHEREAS, the U.S. EPA has amended part 35 of title 40CFR to include reg- ulations for industrial cost recovery pursuant to Section 204 (b) of the Federal Water Pollution Control Act Amendments of 1972; and, WHEREAS, regulations require that an industrial cost recovery system be adopted by all recipients, of sewage treatment works grants; and, WHEREAS, U.S. EPA amended part 35 of the title 40CFR to require sewer use legislation; and, WHERE. AS, the Congress of the United States has adopted the Clean Water Act of 1977 (Public Law 95-217), and said act has been signed into law; and, WHEREAS, PubliC Law 95-2].7 has resulted in revised U.S. EPA regulations as contained in the Federal Register of September 27, 1978 (Title 40, Part 35) and, WHEREAS, the revised U.S. EPA reg'ulations require adoption of approvable User Charge and Industrial Cost Recovery Systems prior to award of a Step III Grant (Grant for Construction), thereby making Sections 2 and 3 of Ordinance No. 59-78 no longer applicable; and, WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department. NOW, THEREFORE, 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, institutional, managerial and financial capability to ensure construction and proper operation and maintenance of treatment works throughout its jurisdiction; and agrees to pay all non-Federal projects costs. Section 2. The City of Lakewood hereby provides assurance that prior to making a request for a Step III grant, a user charge system will be prepared for U.S. EPA approval. The system will assure that each recipient of waste t~eatment services within the jurisdiction of the City of Lakewood will 'pay its proportionate share of the cost of operation and maintenance, including replacement of treatment works provided by the City of Lakewood. Upon approval of the user charge system (per Title 40, Part 35), the City will be able to apply for a Step III Grant. Section 3. The City of Lakewood hereby provides assurance that prior to making a request for a Step III Grant, an industrial cost recovery system will be prepared for U.S. EPA approval. Upon approval of 'the industrial cost re- covery system (per Title 40, Part 35), the City will be able to apply for a Step III Grant.