68-221-609 - Collection from industrial users for construction costs Allocation of right to discharge industrial wastes into system.
68-221-609. Collection from industrial users for construction 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 such industrial users all or any part of the construction costs of such treatment works reasonably attributed to treatment of such industrial wastes.
(2) The apportionment of such costs shall be equitable as among industrial users, and such costs may be collected by assessment, connection fee, periodic charges, or in other manners or combinations thereof as in the judgment of the authority is equitable and will assure such 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 such assumption shall not release such 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 such 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 its increased use of the system.
[Acts 1974, ch. 605, § 9; T.C.A., §§ 53-6009, 68-13-609.]