United States      Office Of Water      EPA 832-R-93-010
         Environmental Protection    (4204]        September 1993
         Agency
«>EPA     Evaluating Municipal Wastewater
         User Charge Systems
         LI
                 What
             You Need
              To  Know
                               Ital
                               11

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ABSTRACT
This guide is intended to provide the information you need to comply with EPA's construction grant user charge system regulations.

ACKNOWLEDGMENT
This booklet was prepared by Haig Farmer of the U.S. Environmental Protection Agency and Sharon Rollins and Sharon Fitzger-
ald of The University of Tennessee's Municipal Technical Advisory Service.

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SHARPEN  YOUR  PENCILS!
You're reviewing a municipally owned wastewater operation. It's your job to determine if
the operation's user charge system complies with applicable federal requirements.

This  guide gives you the:

1.  questions to ask while performing the review;

2.  answers  that are in accordance with the Code of Federal Regulations (CFR);

3.  brief explanations, definitions of terms, worksheets, and tips on how to determine
   compliance;

4.  a summary checklist; and

5.  the CFR references.

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Question  1
   Yes	
    No
                            DO  YOU NEED  TO FOLLOW THIS GUIDE?
                            Maybe! Any wastewater facility that received U.S. Environmental Protection Agency
                            (EPA) grant assistance for construction was required to have EPA's approval of the user
                            charge system and sewer use ordinance.

                            If the utility received a grant from the EPA for wastewater facilities construction, answer
                            Yes here and continue with the following questions.

                            If the utility didn't receive an EPA grant for wastewater facility construction,  you can
                            answer No and stop  here.  But,  you may  choose to use this guidance since it's based on
                            sound financial principles  and tips you'll find helpful in  your review.

                                                                       Reference - 40 CFR § 35.2122 and § 35.2208.
                            WHAT'S A USER  CHARGE  SYSTEM,  ANYWAY?
                            A user charge system is how  revenues are generated to cover the cost of operating a
                            wastewater collection and  treatment facility. The system is usually spelled out in a sewer
                            use ordinance, which has been legally enacted by the governing body.

                            What types of user charge systems are acceptable for EPA grant-assisted
                            wastewater facilities?

                            Either a user charge based on actual use or one based on ad valorem taxes is acceptable.

                            User charge systems based on actual use  (or estimated use if there aren't water meters)
                            are predicated on the notion that  each customer receiving service pays for that service.

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An  ad valorem taxes user charge system gets the revenues for operating and maintaining
the  wastewater plant from property value assessments. Ad valorem taxes are seldom used
to cover wastewater operating costs. But, they are allowed if they pass the following test:

	   the grantee had in effect  on December 27, 1977, a revenue system  that  dedicated
      ad valorem taxes  to pay for wastewater operation  and  maintenance  costs;

	the grantee has continued to use that system;

	   the ad valorem user charge system distributes costs in proportion to use for resi-
      dential, commercial, and  small (less than  25,000 gallons/day) industrial  users; and

	   large  commercial  and  industrial users (more than 25,000 gallons/day) pay  based  on
      actual use.

Is the utility's  user charge  system based on  actual use or on ad valorem
taxes?
Answer Ad Valorem Taxes only if all the conditions listed  above  have  been  met.

  Reference - 40 CFR § 35.2140{a) and (b) and § 35.929-1(b); User Charge Guidance Manual for Publicly-
                                        Owned Treatment  Works. EPA publication, 430-9-84-006.
Question  2
	Use
           Taxes

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WHY ARE  FINANCIAL  AND

OPERATIONAL  MANAGEMENT  IMPORTANT?
Well-managed wastewater  utilities are  characterized by sound finances and good opera-
tions. Financial management includes control of all items that affect a utility's financial
health. You'll need to look at revenues and expenses in detail to determine if there are
enough revenues to cover  operating costs. Also, evaluate the utility's operational manage-
ment capabilities.  Review  items such as budgeting, purchasing procedures, staff training
schedules, and regulatory compliance.
DO  REVENUES COVER EXPENSES?
Take a close look at revenues and expenses. Wastewater utilities are a public service.
They aren't in the business of making a profit, but they should be  self-supporting. In
other words, revenues and expenses should balance.

Revenues are all monies received for wastewater operations. They are:
   •   user service charges - the fees charged  users for the collection and treatment of
      wastewater. They account for almost all of a system's total revenue.
   •   hookup/impact fees - charges for new customers connecting to existing sewer lines.
   •   taxes/assessments - special front footage or other annual charges.
   •   interest  earnings -  interest earned from  investments like checking accounts, savings
      accounts, and treasury bills.
   •   other revenues, including sales of treatment byproducts such  as composted sludge,
      and penalties  charged for not paying the sewer bill on time.

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Expenses are costs of operating, maintaining, replacing equipment, and paying debt service
for a wastewater plant. It's very important to budget for equipment replacement. The CFR
defines equipment replacement costs as "the costs of obtaining  and  installing equipment,
accessories, or  appurtenances during the useful  life of the treatment works  necessary to
maintain the capacity and performance for which the facility was designed  and con-
structed." Operating expenses don't include the purchase costs of new capital facilities like
more treatment capacity or sewer lines. Operating expenses  also exclude  depreciation —
the estimate of how much value the utility's plant and equipment lose  in a given time.

Expenses include:
   •   salaries and benefits - the largest expense  of most wastewater operations.
   «   utilities - the  cost for electric, telephone, water, and gas service.
   •>   chemicals.
   •   supplies  and parts - lab supplies, gaskets, belts, lubricants, and so forth.
   •   contract  services and professional services.
   •   administrative - the cost  of providing facilities for conducting business: liability
       insurance, postage, and so forth.
   *   principal  and  interest - payments to retire debt and reserves for debt  coverage ratios.
What are  the total  annual  budgeted  revenues for the wastewater operation?
                          TOTAL BUDGETED REVENUES
User service charges
Hookup/impact fees
Taxes/assessments
Interest earnings
Other
To tat Bvitfg6t&ti Revenues
$




$

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What are the total annual budgeted expenses for the wastewater operation?
Are expenses for equipment replacement budgeted?
               TOTAL BUDGETED OPERATING EXPENSES
Salaries and benefits
Utilities
Equipment replacement fund
Chemicals
Supplies and parts
Contract services
Administration
Principal and Interest payments
Other
Total Budge ted Opera ting Expenses
$








f
What are actual revenues to date? How do they compare with budgeted
revenues to date?
                  BUDGETED REVENUES VS. ACTUAL


. . •' .- . • -' . .'. -'-. ';'••••- '.
Total Revenues
$ Budgeted


$ Actual



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What are actual expenses to date? How do they compare with budgeted
expenses to date?
                    BUDGETED EXPENSES VS. ACTUAL


Total Operating Expenses
$ Budgeted


$ Actual


Does the wastewater utility show a cash flow problem?
                    ACTUAL REVENUES  AND EXPENSES
Do  revenues cover expenses of operation?
Total Revenues
Total Operating Expenses
Cash A vadable
$
(-)
$
Answer Yes to question 3 only if the utility shows a positive cash flow and the equipment
replacement fund has adequate reserves to cover long- and short-term equipment needs.

     Reference • 40 CFR § 35.2140 and A Water and Wastewater Manager's Guide for Staying Financially
                                               Healthy, EPA publication 430-09-89-004.
                                                                                     Question 3
                                                                                    	Yes
                                                                                              No

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      Question 4
         Yes	
          No
      Question  5
         Yes	
          No
                                  IS  OPERATIONAL  MANAGEMENT ADEQUATE?
                                  Operational management affects a utility's financial health and its ability to provide
                                  adequate wastewater treatment services. To evaluate the  utility's operational management
                                  capabilities, look at the entire utility operation — budgeting, financial reporting, operating
                                  and coverage ratios,  purchasing, organizational structure, plant operations, and regulatory
                                  compliance.

                                  Before the beginning of the budget year, the utility should prepare revenue  and expense
                                  budgets. The wastewater budgets should be separate from other governmental utility bud-
                                  gets  like water, garbage disposal, etc.

                                  Does the utility prepare an annual budget of wastewater  revenues  and
                                  expenses?
Periodic comparisons of budget vs. actual revenues and expenses are recommended. They
are concrete evidence  that the utility is either operating according to the budget plan  or
that adjustments to expenses or revenues are needed.

Does the  utility prepare actual vs. budgeted comparisons for revenues and
expenses?
8

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Does the wastewater budget show revenues and  expenses by line item?
The utility's operating ratio — the total revenues divided by total operating expenses —
must be at least 1.0. It's important to examine the coverage ratio, too. The coverage ratio
is:

                   (Revenues) - (Non-debt Operating Expenses)
                        (Annual Debt Service Expense)

The coverage ratio indicates whether the utility has enough  revenue to pay its debt ser-
vice on loans and still cover contingencies. A coverage ratio of 1.25 is common.

Does  the utility maintain adequate operating and coverage ratios?
Does the utility receive monthly accounting reports for revenues and
expenses?
                                                                                    Question  6
                                                                                    	Yes
                                                                                             No
                                                                                    Question 7
                                                                                    	Yes
                                                                                              No
Question  8
	Yes
         No
                    JJ

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ET
      Question 9
        Yes	
          No
    Question  10
        Yes	
          No
Does the utility maintain all records for at least four years?
                                 Does the utility have written operating policies and  procedures?
                                      A sewer use ordinance?

                                      A pretreatment ordinance and enforcement response plan?

                                      A policy for collecting delinquent wastewater bills?

                                      Job descriptions, personnel policies, and performance review standards?

                                      Purchasing procedures?
10

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What type of organizational structure does the utility have?

__   A municipal authority,

      a regional  authority, or

	   a municipal department.

Does the  organizational structure of the  utility operate efficiently?

Notes:
Is the staff highly motivated and well trained?
Some clues to help you with this question are:

__    Is compensation adequate?

	  Are operators certified?

	  Is staff training provided periodically?

__  What is the personnel turnover rate?

	  Is absenteeism a problem?
Question 11
	  Yes
          No
                                                                                       Question  12
                                                                                       	Yes
                                                                                                No
                                                                                                         11

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Question 13
    Yes	
      No
Question 14
     Yes	
      No
                              Does the wastewater treatment facility appear to be well operated?
                              Tour the wastewater treatment facility. A visual inspection will help you decide if opera-
                              tional management is adequate. Look for these  clues:
                                   Are grounds well maintained?

                                   Are facilities clean and organized?

                                   Is the laboratory neat?

                                   Is all process equipment in working order?

                                   Are operational and compliance records maintained?

                                   Is equipment routinely maintained?
Is the utility in compliance with its discharge permit? List any violations and
their status:
                              List Violation:
                                        Status:

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Is  operational  management adequate?
Answer Yes to question 15 only if you're able to answer Yes to most of the questions in
this section  (questions 4-14).

   Reference - 40 CFR § 35.2140{d) and Managing Your Utility's Money, EPA publication 430/09-91-014. A
    Water and Wastswater Manager's Guide for Staying Financially Healthy, EPA publication 430-09-89-004,
WHY ARE  PROPORTIONAL CHARGES  IMPORTANT?
Next, look at the user charge rate structure. Does each user (or user class) pay its fair
share of operation, maintenance,  and replacement (OM&R)? Users  who understand the
value of wastewater service — and who feel they're being treated  fairly in comparison  to
other users	 are willing to pay for the service.  Only user charge systems that charge  in
proportion to use  comply with the regulations. Proportionate use of the sewer system
includes consideration of discharge quality as well as discharge quantity.

To determine if the user charge rate passes the "fair share" test, examine the wastewater
rate structure and  answer  questions 16 through 22.

Does each user receive a bill for services?
All users should be identified and billed for wastewater services. Systems that allow  some
users to receive free service aren't treating paying customers fairly,
                                                                                          Question 15
                                                                                          	Yes
                                                                                                    No
                                                                                          Question 16
                                                                                          	Yes
                                                                                                    No
                                                                                                              13

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    Question  17
        Yes	
          No
    Question  18
         Yes	
          No	

14
                                   Does the rate structure identify user  classes?
                                   Generally, utilities have four user classes: residential, commercial, industrial, and institu-
                                   tional. Which user classes are specified?

                                   	   Residential
                                         Commercial
                                   	   Industrial
                                         Institutional
                                   Are  iower rates allowed for low-income  residential users?

                                   The  utility may (but isn't required to) establish lower user charge rates for low-income
                                   residential users if the utility:

                                   1. gave a public notice of the proposed lower rates;

                                   2. conducted a public hearing on this matter;

                                   3. structured the lower user rates  (for low-income customers) as a uniform percentage of
                                      the user rate charged other residential users; and

                                   4. allowed the costs  (of having lower user charge rates) to be absorbed proportionally by
                                      all other user classes.

                                   Does the  rate structure provide for lower rates  for low-Income residential
                                   users?
Answer Yes to question 18 only if the utility meets all four conditions listed above.

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Does the utility charge a minimum bill?
The minimum charge covers the cost of preparing, mailing, and collecting bills.  A mini-
mum charge that is set too high creates a non-proportional rate for the users.

What is the  minimum bill?

$	
What is the average annual wastewater service charge for a  residential cus-
tomer?
What Is the basis of the user charge?

User charges are generally based on;

	   water meter readings,

_     equivalent dwelling units, or

	   other (specify)		
Wastewater user charges are normally based on the customer's water meter reading. Water
meter readings may be adjusted to account for water not discharged to the sanitary sewer
system. The municipality should have a written policy on how it handles adjustments.
                                                                                                               JJ
                                                                                          Question  19
                                                                                          	Yes
                                                                                                    No
                                                                                                              15

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     Question  20
          Yes	
           No
                                     If meters aren't available and  the volume and strength of all users' discharges are about
                                     equal, user charges may be based on equivalent dwelling units. Flow from small commer-
                                     cial and industrial users can be based on number of employees,  fixture units, or some
                                     other factor that equates flow  and strength of waste from non-residential users to that of
                                     residential users. This  method  is recommended only where no water meters exist, and it's
                                     only appropriate for small non-residential users that produce domestic wastewater.

                                     How does the utility handle high-strength discharges?

                                     Residential users usually contribute  what's classified as "normal-strength" wastewater to
                                     the  sewer  system.  If this utility has commercial or  industrial users who contribute  "high-
                                     strength" or toxic  wastes into  the sewer system, then several items must  be examined.

                                     Identify high-strength waste dischargers. Are they billed a surcharge? A surcharge  is
                                     normally applied to dischargers whose waste exceeds the strength of normal domestic
                                     sanitary sewage. It costs more (in terms of energy  requirements, chemicals, and man-
                                     power) to  treat high-strength waste, and a surcharge is a method to recover those "extra"
                                     expenses. Surcharge rates apply to wastewater parameters such as biochemical oxygen
                                     demand (BOD), total suspended solids (TSS), oil and grease  (O&G), metals, and so forth.

                                     Does the wastewater system have high-strength dischargers?
                                     List them:
List basis for surcharge:
(BOD, TSS, metals, etc.)
16

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Is an equitable surcharge assessed each high-strength discharger?

Notes:
Is the user charge system proportional?

The answers to questions 16,  17, 19, and 21 must be either Yes or NfA before you can
answer Yes to question 22. The answers for questions 18 and 20 may be either Yes or No.

 Reference - CFR 40 6 35,2140 (a) and (I) and Managing Your Utility's Money, EPA publication 430/09-91-
                                                                      014.
 Question  21
 	Yes
 	No
          N/A
                     U
Question  22
	Yes
         No
                                                                                                        17

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LL
    Question  23
         Yes	
          No
    Question  24
         Yes	
          No
DO  OTHER  REQUIREMENTS APPLY?
Yes! Several miscellaneous requirements apply to grantee user charge systems.

At least once a year, users must be notified of the  wastewater rates and how they are
applied to wastewater treatment services. Notices are usually sent out with bills. The
municipalities may also publish the information in local newspapers. For systems based on
ad valorem taxes, the amount of the money paid for wastewater services is stated  in the
property owner's tax bill.

Are users notified annually of the rates and how revenues are applied to
wastewater treatment services?
                                 How?
                               (sent with bills, special mailing, etc.)
                                                                                     Reference - 40 CFR § 35.2140(c),

                                 Every other year, grantees must review the wastewater contribution of users, total OM&R
                                 costs, and the adequacy of user charges. Ask:

                                 	   Are costs shared proportionally?

                                 	   Are sufficient revenues generated to cover costs of operation?
	   Are any excess revenues applied back to the user class from whom they were
      collected?

Are biennial  reviews conducted of operation, maintenance,  and equipment
replacement  (OM&R) charges?

                                                   Reference - 40 CFR § 35,929-2(b)
18

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Does the wastewater system have infiltration/Inflow (I/I)?
Acceptable ways to handle treatment costs for these flows are:

1.  distribute costs associated with I/I the same way other OM&R costs are distributed to
   users; or

2.  distribute costs via one or a combination of:
   «   flow volume of the users,
   •   land area of the users,
   •   number of hookups or discharges  of the user, or
   •   property valuation (only  if the user charge system is based on ad valorem taxes).

Are OM&R costs for extraneous flows distributed fairly?

                                       Reference - 40 CFR § 35.2140(e) and § 35,929-2{d).
Revenue may be generated by the sale of treatment byproducts, lease of the land, or sale
of crops grown on the land.  If the operation generates revenue, it must be used to reduce
all users' charges proportionally by offsetting OM&R costs.

Does the wastewater operation generate  revenues?
                                                                                                            _LJ
                                                                                        Question 25
                                                                                        	Yes
                                                                                                  No
Question  26
	Yes
	No
          N/A
                                                                                        Question  27
                                                                                        	Yes
                                                                                        	No

                                                                                                            19

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    Question  28
        Yes	
          No	
        N/A
    Question  29
        Yes	
          No
     Question 30
         Yes	
          No
Are operational revenues used to reduce user charges proportionally?

                                                    Reference - 40 CFR § 35.21 40(().
The municipality must enact a user charge system before the treatment works goes into
operation and implement it for the useful life of the treatment works,

Has the user charge system been legally adopted by the municipality's gov-
erning body?

                                                     Reference - 40 CFR § 35.2208.
                                 All municipalities contributing wastes to the treatment works must legally adopt and
                                 implement user charge systems that comply with the regulations. Each user class pays its
                                 proportionate share of OM&R costs. These costs are based on the user's proportion of the
                                 total wastewater.

                                 Are any users located outside the utility's political boundary (for instance,
                                 other municipalities or utility districts)?
20

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Do all municipalities contributing wastewater to the treatment works comply
with  the requirements of proportionality, legislative enactments, and good
financial  management?

                                     Reference - 40 CFR § 35.2140(g) and § 35-929-2(e).
The requirements outlined in this guide and specified in the CFR references take prece-
dence over any state or municipal user charge agreements or requirements.

Is the utility's user charge system consistent with CFR requirements and
does It override any Inconsistent agreements or contracts?

                                 Reference - 40 CFR § 35,2140(h) . § 35.2208, 35.929-2(g).
The first year's operation costs are usually estimated from past operations of an existing
treatment works.

If this Is the first year of operation, were operation and  maintenance charges
determined  properly?

                                                  Reference - 40 CFR § 35.929-2(a).
Question 31
	Yes
	No
          N/A
Question  32
	Yes
         No
 Question  33
 	Yes
 	 No
          N/A
                                                                                                       21

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     Question 34
         Yes	
          No
    Question  35
        Yes	
         No
                                Does the user charge system comply with miscellaneous requirements?
                                You must answer either Yes or N/A to questions 23, 24, 26, 28, 29, 31, 32, and 33 before
                                you can answer Yes to question 34. Questions 25,  27, and 30 may be answered either Yes
                                or No.
                                ARE THERE SPECIAL REQUIREMENTS

                                FOR INDUSTRIAL  USERS?
                                Yes. The CFR imposes some special requirements on industrial users. Industrial users are
                                users that:
                                1.  discharge a volume exceeding 25,000 gallons per day or BOD or TSS equal to or
                                   greater than that found in 25,000 gallons per day of sanitary waste;  or
                                2.  discharge toxic pollutants that contaminate the sludge, interfere with the treatment
                                   process, create a hazard or nuisance, or adversely affect receiving waters.

                                Does  the utility have industrial users?
                                Each industrial user discharging high-strength BOD or TSS waste must pay a surcharge
                                fee for treatment of these wastes. Each user that discharges toxic pollutants that increase
                                the cost of managing effluent or sludge must pay for such increased cost. (Refer to ques-
                                tions 20 and 21.)
22

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Does each Industrial user pay its fair share of OM&R costs based upon
actual use of the wastewater facility?
A "significant industrial user" is a user that contributes more than 10 percent of the flow
or pollutants for which the treatment plant is designed to handle.

Does the utility have  any significant Industrial users?
The CFR requires significant industrial users to pay that portion of the grant amount
associated with the treatment of its wastes. This addresses capital project (not OM&R)
costs.

Did significant industrial users pay their fair share of capital costs for the
project?
Is the utility required to have a pretreatment program?
                                                                                                    JJ
Question  36
	Yes
	No
         N/A
                                                                                  Question  37
                                                                                  	Yes
                                                                                          No
Question  38
	Yes
	No
         N/A
                                                                                 Question  39
                                                                                 	Yes
                                                                                 	No

                                                                                                   23

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    Question  40
        Yes	
         No	
        N/A
    Question  41
        Yes	
          No
Are the OM&R costs of the pretreatment program paid proportionally by the
pretreatment customers?

                                       Reference - 40 CFR § 35,925-11 and § 35.929-1 (b).
                                 Does the grantee's user charge system comply with Industrial user require-
                                 ments?
                                 Answer Yes to question 41 only if you answered Yes or NlA to questions 36, 38, and 40.
                                 The answers to questions  35, 37, and 39 may be either Yes or No.
                                 WHAT'S  THE  CONCLUSION?
                                 You may have noticed  some of the previous questions were in larger type and all capital
                                 letters. You evaluated those six major requirements for wastewater user charge systems:

                                 1.  Do You Need to Follow This Guide?
                                 2,  What's a User Charge System, Anyway?
                                 3.  Why are Financial and  Operational Management Important?
                                    Do Revenues Cover Expenses?
                                    Is Operational Management Adequate?
                                 4,  Why Are Proportional Charges Important?
                                 5.  Do Other Requirements Apply?
                                 6.  Are There Special Requirements for  Industrial Users?

                                 This user charge system is in compliance with CFR only if you are able to answer Yes to
                                 questions 1, 3,  15,  22,  34, and 41.
24

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SUMMARY  CHECKLIST


 I.    Do you need to follow this guide?

 2.    Is the utility's user charge system based on either actual use or ad valorem taxes?

 3.    Do revenues cover expenses of operation?

 4.    Does the utility prepare an  annual budget of wastewater revenues and expenses?

 5.    Does the utility prepare actual vs. budgeted comparisons for revenues and
      expenses?

 6.    Does the wastewater budget show revenues and expenses by line item?

 7.    Does the utility maintain adequate operating and  coverage ratios?

 8.    Does the utility receive monthly  accounting reports for revenues and expenses?

 9.    Does the utility maintain all records for at least four years?

 10.    Does the utility have written operating  policies and procedures?

 11.    Does the organizational structure of the utility operate  efficiently?

 12.    Is the  staff highly motivated and well trained?

 13.   Does the wastewater treatment facility appear to  be well operated?

 14.   Is the  utility in compliance with its discharge permit?

 15.   Is operational management  adequate?

 16.   Does each  user receive a bill for services?
  Acceptable  Answers
Yes
No
                                                                                                                     25

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     Acceptable Answers
Yes

— — •

	





	


No












N/A
17,
18.
19,
20.
7.1
22.
23.
24.
25.
?fi
27.
98
29.
30.
31

                                       17.    Does the rate structure identify user classes?

                                       18.    Does the rate structure offer lower rates for low-income residential users?

                                             Does the utility charge a minimum bill?

                                             Does the utility have high-strength discharges into the sewer system?

                                             Is an equitable surcharge assessed each high-strength discharger?

                                             Is the user charge  system proportional?

                                             Are users notified  annually of the rates and how revenues are applied to wastewater
                                             treatment services?

                                             Are biennial reviews of operation  and  maintenance (O&M) charges conducted?

                                             Does the wastewater system have  infiltration/inflow  (I/I)?

                                             Are OM&R costs for extraneous flows distributed fairly?

                                             Does the wastewater operation generate revenues?

                                             Are operational revenues used to  reduce user charges proportionally?

                                             Has the user charge system been  legally adopted by the  municipality's governing
                                             body?

                                             Are any users located outside the  utility's political boundary?

                                             Do all  municipalities contributing  wastewater to the  treatment system comply with
                                             requirements of proportionality, legislative enactments, and good financial manage-
                                             ment?
26

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                                                                                                Acceptable  Answers
                                                                                              Yes
32.    Is the utility's user charge system consistent  with CFR requirements and does it
       override any inconsistent agreements or contracts?

33.    If this is the first year of operation, were operation and maintenance charges deter-
       mined properly?

34.    Does the utility's user charge system comply with miscellaneous requirements?

35.    Does the utility have industrial users?

36.    Does each  industrial user pay its fair share of OM&R costs  based on actual use of
       the wastewater system?

37.    Does the utility have any  significant industrial users?

38.    Did  significant industrial users pay their fair  share of capital costs for the project?

39.    Is the utility required to have a pretreatment  program?

40.    Are  the costs of implementing  the pretreatment program paid proportionally by the
       pretreatment customers?

41.    Does the grantee's user charge system comply with  industrial user requirements?
No
N/A
Model User Charge  Systems

40 CFR § 35, Subpart  E, Appendix B,  Federal Guidelines - User Charges for Operation and Maintenance of Publicly Owned
Treatment Works contains model user charge systems.
                                                                                                                      27

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 APPENDIX  A
 Code  of  Federal  Regulations

 §35,925-11  User charges and industrial cost recovery.

   That, in the case of grant assistance for a project involv-
 ing step 2 or step 3, the grantee has complied or will comply
 with the requirements for user charge and industrial cost
 recovery systems. (See §§ 35.928 et seq., 35.929 et seq.,
 35.935-13,  and 35.935-15.)
   (a) Grants awarded before July  1, 1979.  Grantees must
 submit a schedule of implementation to show that their user
 charge and industrial cost recovery  systems will be approved
 in accordance with the requirements of §§35.935-13 and
 35,935-15.
   (b) Grants awarded after June 30, 1979.  The  grantee's
 user charge and industrial cost recovery systems must be
 approved before the award of step  3 grant assistance.
   (c) Letters of intent. In the case of any grant assistance
for a  project  involving step 2 or step 3, the  applicant must
have received signed letters of intent from each significant
industrial user stating that it will pay that portion of the grant
amount allocable to the treatment of its wastes. Each such
letter shall  also include  a statement of the industrial user's
intended period of use of the treatment works. A  significant
industrial user is one that will contribute greater than  10
percent of the design flow or design pollutant  loading of the
treatment works. In  addition,  the applicant must agree to
require all industrial  users to  pay that portion of the  grant
amount allocable to the treatment of wastes from  such users.
28
 § 35.929  Requirements for user charge system.

    The Regional Administrator shall approve the grantee's
 user charge system and the grantee shall implement and
 maintain it in accordance  with §  35.935-13 and  the require-
 ments  in §§  35.929-1 through 35.929-3. The  grantee shall be
 subject to the noncompliance provisions of § 35.965 for
 failure to comply.

 § 35.929-1  Approval of  the user charge system.

    The Regional Administrator may  approve  a user charge
 system based on  either actual use under paragraph (a) of this
 section  or ad valorem taxes under paragraph  (b) of this
 section. The  general requirements in §§ 35.929-2 and 35.929-
 3 must also be satisfied.
    (a)  User charge system based on  actual use.  A grantee's
 user charge  system based  on actual use (or estimated use) of
 waste water treatment services may be approved if each user
 (or  user class) pays its proportionate share of operation and
 maintenance (including replacement)  costs of treatment works
 within  the grantee's service area, based on the user's propor-
 tionate contribution to the total waste water loading from  all
 users (or user classes). To insure a proportional  distribution
 of operation and  maintenance costs to each user (or user
 class),  the user's  contribution shall be based on  factors such
 as strength, volume, and delivery flow rate characteristics.
    (b)  User charges based on ad valorem taxes, A grantee's
 user charge system (or the user charge system of a sub-
 scriber,  i.e., a constituent community receiving waste treat-
 ment services from the grantee) which  is based on ad valo-
rem taxes may be approved if it meets the requirements of

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paragraphs (b)(l) through (b)(7) of this section. If the
Regional Administrator determines that the grantee did  not
have a dedicated  ad valorem tax system on December 27,
1977, meeting the requirements of paragraphs (b)(l) through
(b)(3) of this section, the grantee shall develop a user charge
system based on actual use  under §  35.929-1 (a).
   (1) The grantee (or subscriber) had  in  existence on
December 27, 1977,  a system of ad  valorem  taxes which
collected revenues to  pay the cost of operation and mainte-
nance of waste water treatment works within the  grantee's
service area and has  continued to use that system.
   (2) The grantee (or subscriber) has not previously
obtained  approval  of a user charge system on actual use.
   (3) The system of ad valorem taxes in existence on
December 27, 1977, was dedicated ad valorem tax system.
   (i) A  grantee's system will be considered to be dedicated
if the Regional Administrator determines that the system
meets all of the following criteria:
   (A) The ad  valorem tax  system provided  for a separate
tax  rate or for the allocation of a portion  of  the taxes col-
lected for payment of the grantee's costs of waste water
treatment services;
   (B) The grantee's  budgeting and  accounting procedures
assured that a specified portion of the tax funds would  be
used for the payment  of the costs of operation and mainte-
nance;
   (C) The ad valorem tax  system collected  tax funds for the
costs of waste water treatment services which could not be or
historically were not used for other purposes; and
   (D) The authority  responsible  for the operation and  main-
tenance of the treatment  works established the budget for the
costs of operation  and maintenance and used  those specified
amounts solely  to  pay the costs of operation  and  maintenance.
   (ii) A subscriber's system based  on  ad valorem taxes will
be considered to be dedicated if a contractual agreement or a
charter established under State law existed on December 27,
 1977, which required the subscriber to pay  its share of the
 cost of  waste water  treatment services,
    (4) A user charge system funded by dedicated ad valorem
 taxes shall establish, as a minimum, the classes of users  listed
 below:
    (i) Residential  users, including single-family and multi-
 family dwellings, and small nonresidential users, including
 nonresidential commercial and  industrial  users which intro-
 duce no more than the equivalent of 25,000 gallons per day
 of domestic sanitary wastes to  the treatment works:
    (ii) Industrial and commercial users;
    (A)  Any nongovernmental user of publicly owned treat-
 ment works which discharges more than  25,000 gallons per
 day (gpd) of sanitary waste; or a volume  of process waste, or
 combined process  and sanitary waste, equivalent to  25,000
 gpd of sanitary waste. The grantee, with the Regional
 Administrator's approval, shall define the strength of the
 residential discharges in  terms  of parameters including, as a
 minimum, biochemical oxygen  demand (BOD) and suspended
 solids (SS) per volume  of flow. Dischargers with a volume
exceeding 25,000 gpd or the weight of BOD or SS  equivalent
 to that weight found in  25,000 gpd of sanitary waste are
considered  industrial users.
    (B) Any nongovernmental user of a publicly owned treat-
ment works which discharges waste  water to the treatment
works which contains toxic  pollutants or poisonous  solids,
liquids,  or gases in sufficient quantity either singly  or by
interaction  with  other wastes, to contaminate the sludge of
any municipal systems,  or to injure or to  interfere  with any
sewage  treatment process, or which constitutes a hazard to
humans  or  animals, creates a public  nuisance, or creates  any
hazard in or has an  adverse effect on the  waters receiving
any discharge from the  treatment works.
    (iii)  Users which  pay no ad valorem taxes  or receive
substantial credits  in paying such taxes, such as tax exempt

                                                        29

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 institutions or governmental users, but excluding publicly
 owned  facilities performing  local governmental functions
 (e.g., city  office building, police  station, school) which dis-
 charge  solely domestic wastes.
    (5)  The grantee must be prepared to demonstrate for the
 Regional Administrator's approval that its system of evaluat-
 ing the volume, strength, and characteristics of the discharges
 from users or categories of users classified within the  sub-
 class of small  nonresidential users is  sufficient to assure that
 such  users or the  average users in such categories do not
 discharge either toxic pollutants  or more than  the equivalent
 of 25,000  gallons per day of domestic wastewater.
    (6)  The ad valorem user charge system shall distribute the
 operation and maintenance costs for  all treatment  works in
 the grantee's jurisdiction to  the residential and small nonresi-
 dential  user class, in  proportion to the use of  the  treatment
 works by this class. The proportional allocation of costs for
 this user class shall take into account the total waste water
 loading of the treatment works, the constituent elements of
 the wastes from this  user class and other appropriate factors.
The grantee may assess one ad valorem tax  rate to this entire
class  of users or,  if permitted under  State law, the grantee
may assess different ad valorem  tax rates for the subclass of
residential  users and  the subclass  of small nonresidential users
provided the operation and  maintenance costs  are distributed
proportionately between  these subclasses.
    (7) Each member  of the industrial and commercial  user
class  described under paragraph (b)(4)(ii) of this section and
of the user class which pays no ad valorem  taxes  or receives
substantial  credits in  paying  such  taxes described under para-
graph (b)(4)(iii) of this section shall  pay its share of the
costs  of operation and maintenance of the treatment works
based upon charges for actual use (in accordance with  §
 35.929-1 (a). The grantee may use its ad valorem  tax system
to collect,  in whole or in part, those  charges from members

30
 of the industrial and large  commercial class  where the follow-
 ing conditions are met:
    (i) A portion or all of the ad valorem tax rate assessed to
 members of this class has  been  specifically designated to pay
 the costs of operation and  maintenance of the treatment
 works,  and that designated rate  is uniformly applied  to all
 members of this class:
    (ii)  A system of surcharges and rebates is employed to
 adjust the  revenues from the ad valorem taxes collected from
 each user of this class in accordance with  the rate designated
 under paragraph (b)(7)(i) of this section, such that each mem-
 ber of the class pays a total charge  for its share of the costs
 of operation and maintenance based  upon actual  use.

 §  35.929-2   Genera! requirements for all user  charge
 systems.

    User charge systems based on actual  use  under §  35.929-
 l(a) or  ad valorem taxes under § 35.929-l(b) shall also meet
 the following requirements:
    (a) Initial basis for operation and maintenance charges,
 For the first year of operation, operation and maintenance
 charges shall  be based  upon past experience for existing
 treatment works or some other method that can  be demon-
 strated to be appropriate to the level and type of services
 provided.
    (b) Biennial review of operation and maintenance charges.
 The grantee shall  review not  less often than every 2  years the
 waste water contribution of users and user classes, the total
 costs of operation and maintenance of the treatment works,
 and its  approved user charge  system. The grantee  shall revise
 the charges  for  users or user classes  to accomplish the fol-
 lowing:
    (1) Maintain the proportionate distribution of  operation
and maintenance costs among users and user  classes as
required herein;

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    (2) Generate sufficient revenue to pay the total operation
 and maintenance costs  necessary to the proper operation and
 maintenance (including replacement) of the treatment works;
 and
    (3) Apply excess revenues collected from a class of users
 to the costs of operation  and maintenance attributable  to that
 class for the next year  and adjust the rate accordingly.
    (c) Toxic pollutants. The user charge system shall provide
 that each  user which discharges any  toxic pollutants which
 cause an increase in the cost of managing the effluent or the
 sludge of the grantee's treatment works shall pay  for such
 increased  costs.
    (d) Charges for  operation and maintenance for extraneous
flows. The user  charge  system shall provide that the costs of
 operation  and maintenance for all flow not directly attribut-
 able to users  (i.e., infiltration/inflow) be distributed among all
 users of the grantee's treatment works system based upon
 either of the following:
    (1) In  the  same manner that it distributes  the costs of
 operation  and maintenance among users (or user cla'sses) for
 their actual use, or
    (2) Under a system  which uses one of any combination of
 the following factors on a reasonable basis:
    (i) Flow volume  of  the users;
    (ii) Land area of the users;
    (iii) Number of hookups  or discharges to  the users;
    (iv)  Property valuation of the users,  if the grantee has a
 user charge system based on ad valorem  taxes approved under
 § 35.929-l(b).
    (e) Adoption of system. One or  more municipal legislative
 enactments or other  appropriate authority must incorporate the
 user charge system.  If the project is  a regional treatment
 system accepting wastewaters from other municipalities, the
 subscribers receiving waste treatment services from the
 grantee shall adopt user charge systems  in accordance with
 section 204(b)(l)(A)  of the Act and §§ 35,929 through
 35.929-3. These  user charge systems shall also be incorpo-
 rated in appropriate municipal legislative enactments or other
 appropriate authority of all municipalities contributing  wastes
 to the treatment  works. The public shall be  informed of the
 financial impact  of the user charge system on them  and shall
 be consulted prior to adoption of the system, in accordance
 with 40 CFR part 25.
   (f) Notification. Each  user charge system must provide
 that  each user be notified, at least annually, in conjunction
 with a regular bill, of the rate and that portion of the  user
 charges or ad valorem taxes which are attributable  to waste
 water treatment services.
   (g) Inconsistent agreements. The grantee may have  preex-
 isting agreements which address:  (1) The reservation of
 capacity in  the grantee's  treatment works, or (2)  the charges
 to be collected by the grantee in  providing wastewater  treat-
 ment services or reserving capacity. The user charge system
 shall take precedence over any terms or conditions  of agree-
 ments or contracts between the grantee and  users (including
 industrial users, special districts, other  municipalities, or
 Federal agencies  or installations)  which are  inconsistent with
 the requirements  of section 204(b)(l)(A) of  the Act and these
 regulations.
   (h) Costs of pretreatment program.  A user charge system
 submitted by a municipality  with  an approved pretreatment
 program shall provide that the costs necessary to carry  out
 the program  and  to comply with  any applicable requirements
 of section 405  of the Act and related regulations  are included
 within  the costs of operation and  maintenance of the system
 and paid through user charges, or are paid in whole or in
part by  other identified sources of funds.

 [43 FR  44049, Sept. 27, 1978, as amended at 44 FR 10304,
Feb.  16, 1979]
                                                                                                                          31

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§ 35,929-3  Implementation of the user charge system.

    (a) When a grantee's user charge  system  is approved,
implementation of the approved system shall become a condi-
tion of the grant.
    (b) The grantee shall maintain such records as are  neces-
sary to document compliance with these regulations.
    (c) Appendix B to this subpart contains guidelines  with
illustrative examples of acceptable user charge systems.
    (d) The Regional Administrator may review, no more
often than annually, a grantee's user charge system to assure
that it continues to meet the requirements of §§ 35.929-1
through 35.929-3.

§ 35.935-13 Submission and approval of user charge systems.

    The grantee shall obtain the approval of the Regional
Administrator of its system of  user charges. (See also  §
35.929 et seq.)
    (a) Step 3  grant assistance  awarded under regulations
promulgated on February 11, 1974, (1) Except as paragraph
(a)(2) of this section provides,  the grantee must obtain  the
Regional Administrator's approval of  its system of user
charges based on actual use which complies with § 35,929-
l(a). The Regional  Administrator shall not pay more than 50
percent of the Federal share of any step 3 project unless the
grantee has submitted adequate evidence of timely develop-
ment of its system of user charges nor shall the Regional
Administrator pay  more than 80 percent of the Federal  share
unless he has  approved the system.
    (2) A grantee which desires approval of a  user charge
system based on ad valorem taxes in  accordance with §
35.929-!(b)  shall  submit  to the Regional Administrator  by
July 24,  1978, evidence of compliance of its  system with the
criteria in § 35.929-1 (b)(l) through (b)(3). As soon as pos-

QO
 sible, the Regional Administrator shall advise the grantee if
 the system complies with § 35.929-1 (b)(l). The Regional
 Administrator's determination may  be appealed in accordance
 with subpart J, "Disputes," of part  30 of this subchapter.
    (i)  Grantees whose ad valorem  tax systems meet the  crite-
 ria of §  35.929-1  (b)(l) through (b)(3).  Any step 3 payments
 held by the Regional Administrator at 50 percent or 80  per-
 cent for  failure  to comply with  the requirement for develop-
 ment of  a user charge system shall be released. However, the
 grantee shall obtain approval of its user  charge system by
 June 30, 1979 or no further payments will be made until the
 sytem is  approved  and the grants may be terminated or annulled.
    (ii) Grantees whose ad valorem tax systems do  not meet
 the criteria  of § 35.929-1 (b)(l) through (b)(3). Step 3 grants
 will continue to be administered in accordance with paragraph
 (a)(l) of this section.
    (b) Step  3 grant assistance awarded  after April 24, 1978,
 but before July 1, 1979. The grantee must obtain approval  of
 its  user charge  system based on actual use or ad valorem
 taxes before July 1,  1979. The Regional  Administrator may
 not make any payments on these grants,  may terminate or
 annul these  grants, and may not award any  new step  3 grants
 to the same grantee after June 30,  1979, if  the user charge
 system has not  been approved. The Regional Administrator
 shall approve the grantee's user charge or ad valorem tax
 rates and the ordinance required under § 35.929-2(e)  and the
 grantee shall enact them before  the treatment works con-
 structed with the grant are placed in operation.
    (c)  Step 3 grant assistance awarded after June 30, 1979.
The Regional Administrator may not award  step 3 grant
assistance unless he has approved the user charge system
based on actual  use or ad valorem taxes. The Regional
Administrator shall approve  the  grantee's user charge or  ad
valorem tax  rates and the ordinance required under § 35.929-
2(e) and  the grantee  shall enact  them before the treatment
works constructed  with  the grant are placed in operation.

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§35.2122  Approval of user charge system and  proposed
sewer use ordinance.

    If the project is for Step 3  grant assistance, unless it is
solely for acquisition of eligible land, the applicant must
obtain the Regional Administrator's approval of its  user
charge system (§35.2140) and proposed (or existing) sewer
use ordinance §35.2130),  If the applicant has  a sewer use
ordinance or user charge system in effect,  the  applicant  shall
demonstrate to the Regional Administrator's satisfaction  that
they meet the requirements of this part and are  being enforced,

(Approved by the Office of Management and  Budget under
control number 2040-0027)

§35.2140 User charge system.

   The user charge system (see §§35.2122  and 35.2208) must
be designed to produce adequate revenues required for opera-
tion and  maintenance (including replacement).  It shall provide
that  each user which discharges pollutants that cause an
increase  in the cost of managing the effluent or sludge from
the treatment works shall pay  for such increased cost. The
user charge system  shall be based  on either actual use under
paragraph (a) of this section, ad valorem taxes under para-
graph (b) of this section,  or a combination  of the  two.
   (a) User charge system based on actual  use. A grantee's
user charge system  based on actual use (or  estimated use) of
wastewater treatment services shall  provide  that each user (or
user class) pays its  proportionate share of operation  and
maintenance (including replacement) costs of treatment works
within the grantee's service area, based on the user's propor-
tionate contribution to  the total wastewater  loading from al!
users (or user classes).
   (b) User charge system based on ad valorem taxes, A
grantee's user charge system which is based on ad valorem
 taxes may be approved if:
    (1) On December 27, 1977, the grantee had in existence a
 system of dedicated ad valorem taxes which collected  rev-
 enues to pay the cost of operation and maintenance of waste-
 water treatment works within the  grantee's service area and
 the grantee  has continued to use that system;
    (2) The  ad  valorem user charge system distributes  the
 operation and maintenance  (including replacement) costs for
 all  treatment works in the grantee's jurisdiction to the resi-
 dential and  small non-residential user class (including  at the
 grantee's option nonresidential, commercial and industrial
 users that introduce  no more than the equivalent of 25,000
 gallons per  day of domestic sanitary  wastes to the treatment
 works), in proportion to the use of the treatment  works by
 this class; and
    (3) Each member of the industrial user and commercial
 user class which discharges more  than 25,000 gallons  per day
 of sanitary waste pays its share of the costs of operation and
 maintenance (including replacement)  of the treatment works
 based upon  charges for actual use.
    (c) Notification. Each  user charge system must provide
 that each user be notified, at least annually, in conjunction
 with a regular  bill (or  other means acceptable to the Regional
 Administrator), of the rate and that portion of the  user
 charges or ad valorem  taxes which are  attributable to  waste-
 water treatment services.
    (d) Financial management system. Each user charge sys-
 tem must include an adequate financial management system
 that will  accurately account for revenues generated by  the
 system and  expenditures  for operation and maintenance
 (including replacement) of the  treatment system, based on an
adequate  budget identifying the basis for determining the
annual operation and maintenance  costs and the costs of
personnel, material, energy  and  administration.
                                                                                                                         33

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    (e) Charges for operation and maintenance for extraneous
flows.  The user  charge system  shall provide that the costs of
operation and maintenance for  all flow not directly attribut-
able to users (i.e., infiltration/inflow) be distributed among all
users based upon either of the  following:
    (1) In the same manner that it distributes the costs  for
their actual use, or
    (2) Under a  system which uses one or  any combination of
the following factors on  a reasonable basis:
    (i)  Flow volume  of the users;
    (ii) Land area of the  users;
    (iii) Number of hookups or discharges  of the users;
    (iv) Property valuation of the users, if  the grantee  has an
approved user charge system based on ad valorem  taxes.
    (0  After completion of building a project, revenue  from
the project  (e.g., sale of  a treatment-related by-product; lease
of the  land; or sale of crops grown on  the land purchased
under  the grant  agreement) shall  be used to  offset  the costs
of operation and maintenance. The grantee shall proportion-
ately reduce all  user charges.
    (g) Adoption of system. One or more municipal legislative
enactments  or other  appropriate authority must incorporate the
user charge system.  If the project accepts wastewater from
other municipalities, the  subscribers receiving waste treatment
services  from the grantee shall  adopt user  charge systems in
accordance  with this section.  These user charge systems shall
also be incorporated in appropriate municipal legislative
enactments  or other  appropriate authority of all  municipalities
contributing wastes to the treatment works.
    (h)  Inconsistent agreements. The user charge system shall
take precedence  over any terms or conditions of agreements
or contracts which are inconsistent with the requirements  of
section 204(b)(l)(A) of the Act and this section.
    (i)  Low income residential user rates. (1) Grantees may
establish lower user  charge rates  for low income residential
users after providing for public notice and hear1-    A low
income residential user is any residence with a    isehold
income below the Federal poverty level as defined in 45 CFR
1060,2 or any residence designated as low income under State
law or regulation.
   (2) Any lower user  charge rate for low income residential
users must be defined as a uniform percentage of the user
charge rate  charged  other residential users.
   (3) The  costs of  any user charge reductions afforded a
low income residential  class must be proportionately absorbed
by all other user classes. The  total revenue for operation and
maintenance (including  equipment replacement) of the facili-
ties must not be reduced as a result  of establishing  a low
income  residential user  class.

(Approved  by the  Office of Management and Budget under
control number 2040-0027)
[49 FR  6234, Feb. 17,  1984, as amended at  55 FR  27097,
June 29, 1990]

§ 35.2208   Adoption of sewer use ordinance and  user
charge system.

   The grantee shall adopt its sewer use ordinance and imple-
ment its user charge system developed under §§ 35.2130 and
35.2140 before the treatment works is placed in operation.
Further, the grantee shall implement  the user charge system
and sewer use ordinance for the useful  life of the treatment
works.
34

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 APPENDIX  B  -  FEDERAL  GUIDELINES
 User Charges for  Operation  and  Maintenance
 of Publicly  Owned  Treatment  Works
   (a) Purpose. To set forth advisory information concerning
user charges based on actual use pursuant to section 204 of
the Clean Water Act, hereinafter referred to as the Act. Appli-
cable requirements are set forth in subpart E (40 CFR part 35).
   (b) Authority. The  authority for establishment of the user
charge guidelines  is contained in section 204(b)(2) of the Act.
   (c) Background. Section 204(b)(l) of the Act provides that
after March  1, 1973, Federal grant applicants  shall be
awarded grants only after the Regional Administrator has
determined that the applicant has adopted or will adopt a
system of charges to assure that each recipient of waste
treatment services will pay its proportionate share of the costs
of operation  and maintenance, including replacement. The
intent of the Act with  respect to user charges is to distribute
the cost of operation and maintenance of publicly owned
treatment works to the pollutant source and to promote self
sufficiency of treatment works with  respect to operation and
maintenance  costs. The 1977 Amendments amended section
204(b) to allow grantees to establish  user charge systems
based on ad  valorem taxes. This appendix does not  apply  to
ad valorem user charge systems.
   (d) Definitions - (1) Replacement. Expenditures for obtain-
ing and installing  equipment, accessories, or appurtenances
which are necessary to maintain the capacity and performance
during the service life  of the treatment works  for which such
works were designed and constructed. The term "operation
and maintenance"  includes replacement.
   (2) User charge. A charge levied  on users  of treatment
works for the cost of operation  and maintenance of such
works.
    (e) Classes of users. At least two basic types of user
 charge systems are common. The first is to charge each user
 a share of the treatment works operation and maintenance
 costs based on his estimate of measured proportional contri-
 bution to the total treatment works loading. The second sys-
 tem establishes classes for users having similar flows and
 waste water characteristics; i.e. levels of biochemical oxygen
 demand, suspended solids, etc. Each class is then assigned its
 share of the waste treatment works operation  and maintenance
 costs based on the proportional contribution of the class to
 the total treatment works loading. Either system is in compli-
 ance with these guidelines.
    (0 Criteria against which to determine  the adequacy of
 user charges. The user charge system shall be approved by
 the Regional Administrator and shall be maintained  by  the
 grantee  in accordance  with the following requirements:
    (1) The user charge system must result  in  the distribution
 of the cost of operation and maintenance of treatment works
 within the grantee's jurisdiction  to each user (or user class)
 in  proportion  to such user's contribution to the total wastewa-
 ter  loading of the treatment works.  Factors  such as strength,
 volume, and delivery  flow rate characteristics shall be consid-
 ered and included as the basis for the user's contribution to
 ensure a  proportional  distribution of operation  and mainte-
 nance costs to each user (or user class).
   (2) For the first year of operation, operation and mainte-
 nance costs shall be based upon  past experience for  existing
treatment works or some other rational method that can be
demonstrated to be applicable.
                                                                                                                   35

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    (3) The grantee shall review user charges annually  and
revise them periodically  to reflect actual treatment works
operation  and maintenance costs.
    (4) The user charge system must generate sufficient rev-
enue  to offset the cost of all treatment works operation and
maintenance  provided by the grantee.
    (5) The user charge system charge must be  incorporated
in one or  more municipal legislative enactments or other
appropriate authority. If  the project is a regional  treatment
works accepting wastewaters from treatment works owned by
others, then the  subscribers receiving waste treatment services
from  the grantee  shall  have adopted user charge systems in
accordance with these guidelines. Such user charge  systems
shall  be incorporated in the appropriate  municipal legislative
enactments or other appropriate  authority.
    (g) Model user charge systems. The  user charge system
adopted by the applicant must result in  the distribution of
treatment  works operation and maintenance costs  to each user
(or user class) in approximate proportion to his contribution
to the total wastewater loading of the treatment works. The
following  user charge models can be used for this purpose;
however, the applicant is not limited to  their use. The  sym-
bols used  in  the models are as defined below:
C =
C=
Vc=

V =
VT=

B=
36
Total operation and maintenance (O&M) costs per unit
of time.
A  user's charge for O&M per unit of time.
A  surcharge for wastewaters of excessive strength.
O&M cost  for transportation and treatment of a unit of
wastewater volume.
Volume contribution from a user per unit of  time.
Total volume contribution from all users per  unit of
time.
O&M cost  for treatment of a unit of biochemical  oxygen
demand (BOD),
 Bu= Total BOD contribution from a user per unit of time.
 BT= Total BOD contribution from all  users per unit of time.
 B=  Concentration of BOD from a user above a base  1  'Cl.
 Sc= O&M cost for treatment of a unit of suspended solids,
 Su= Total suspended solids contribution from a user per unit
     of time.
 S=  Concentration of SS from a user  above a base level.
 Pc= O&M cost for treatment of a unit of any pollutant.
 Pu= Total contribution of any pollutant from a user per unit
     of time.
 PT= Total contribution of any pollutant from all users per
     unit  of time.
 P=  Concentration of any pollutant from a user above a base
     level.

    (1) Model No.  1 . If the treatment works is primarily  flow
 dependent or if the BOD, suspended solids, and other  pollut-
 ant concentrations  discharged by all users are approximately
 equal,  then user charges can  be  developed on a volume basis
 in accordance  with the model below:

                      Cu =  C/VT(Vu)

    (2) Model No,  2. - When  BOD,  suspended solids, or  other
 pollutant concentrations from a user exceed  the  range of
concentration of these  pollutants in normal  domestic sewage,
 a surcharge added  to a base charge, calculated  by means of
Model No. 1, can  be  levied. The surcharge can  be computed
by  the model below:
              C  = [B(B) + S(S)
   (3)  Model No. 3. - This model is commonly called the
"quantity/quality formula":

              C  = V V + B B  +SS  +PP

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   (h) Other considerations,  - (1) Quantity discounts to  hirge
volume users will  not be acceptable. Savings resulting from
economies of scale should  be apportioned to all users or user
classes.
   (2) User charges may be established based on a percent-
age of the charge for water usage only in cases where the
water charge is based on a constant cost per unit of consump-
tion.

[39 FR 5270, Feb.  11, 1974]
                                                                                                                        37

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