§ 68-221-1309 — Collection from industrial users for construction costs - Assumption of commitment to repay recovery costs - Allocation of right to discharge industrial wastes into system

(a) (1) In providing a treatment works to treat industrial wastes, either independently or in conjunction with other wastes, the authority has the authority to collect from those industrial users all or any part of the construction costs of the treatment works reasonably attributed to treatment of the industrial wastes. (2) The apportionment of the costs shall be equitable as among industrial users, and the costs may be collected by assessment, connection fee, periodic charges, or by other method or combinations of methods as in the judgment of the authority is equitable and will assure industrial cost recovery. (b) (1) The commitment of an industrial user of waste treatment service to repay its share of industrial recovery costs may be assumed by another industry replacing the former as a user of waste treatment services; provided, that the assumption shall not release the original or former user without the written consent of the agency, which consent shall not be unreasonably withheld. (2) The authority shall have the right to allocate and reallocate among industrial users the right to discharge industrial wastes into the treatment system. (3) In the event of reallocation, the share of industrial cost recovery of each participating industry shall be reallocated proportionately among all industrial users; provided, that the share of an industrial user may not be increased except in proportion to the industrial user's increased use of the system.

Legislative History

Acts 2007, ch. 250, § 1.