Page:United States Statutes at Large Volume 91.djvu/1607

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PUBLIC LAW 95-000—MMMM. DD, 1977

PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1573

maintenance costs for treatment works within the applicant's jurisdiction, to each user class, in proportion to the contribution to the total cost of operation and maintenance of such works by each user class (taking into account total waste water loading of such works, the constituent elements of the wastes, and other appropriate factors), and such applicant is otherwise in compliance with clause (A) of this paragraph with respect to each industrial user, then such dedicated ad valorem tax system shall be deemed to be the user charge system meeting the Requirements of clause (A) of this paragraph for the residential user class and such small non-residential user classes as defined by the Administrator. In defining small non-residential users, the Administrator shall consider the volume of wastes discharged into the treatment works by such users and the constituent elements of such wastes as well as such other factors as he deems appropriate.", (b) Subsection (b) of section 204 of the Federal Water Pollution Systems of Control Act is amended by adding at the end thereof the following charges, requirements. new paragraph: "(5) A system of charges which meets the requirement of clause 33 USC 1284. (A) of paragraph (1) of this subsection may be based on something other than metering the sewage or water supply flow of residential recipients of waste treatment services, including ad valorem taxes. If the system of charges is based on something other than metering the Administrator shall require (A) the applicant to establish a system by which the necessary funds will be available for the proper operation and maintenance of the treatment works; and (B) the applicant to establish a procedure under which the residential user will be notified as to that portion of his total payment which will be allocated to the cost of the waste treatment services.". WATER

CONSERVATION

SEC. 23. Section 204(b)(3) of the Federal Water Pollution Control Act is amended by adding at the end thereof the following: "Notwithstanding paragraph (1)(B) of this subsection, subject to the approval of the Administrator, a grantee that received a grant prior to the enactment of the Clean Water Act of 1977 may reduce the amounts required to be paid to such grantee by any industrial user of waste treatment services under such paragraph, if such grantee requires such industrial user to adopt other means of reducing the demand for waste treatment services through reduction in the total flow of sewage or unnecessary water consumption, in proportion to such reduction as determined in accordance with regulations promulgated by the Administrator.".

Waste treatment service charges, reduction.

INDUSTRIAL COST RECOVERY

SEC. 24. (a) Section 204(b)(3)(B) of the Federal Water Pollution Control Act is amended by inserting after "necessary for" the following: "the administrative costs associated with the requirement of paragraph (1)(B) of this subsection and". (b) Section 204(b) of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new paragraph: "(6) The Administrator is authorized to exempt from the requirement of paragraph (1)(B) of this subsection any industrial user with a flow into such treatment works per day equivalent to twenty-five thousand gallons or less per day of sanitary waste, if such industrial user does not introduce into such treatment works any pollutant which

Service charges for industrial users, exemptions.