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§ 13.16.192   Water supply severance.
   When an industrial user has violated the provisions of this chapter, orders, or permits issued hereunder, the city may sever water service to the industrial user and service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
(Ord. 1413 § 12.3, passed 4-1-2015)
§ 13.16.193   Public nuisance.
   Any violation of the prohibitions or effluent limitations of this chapter, permits, or orders issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the city. Any person(s) creating a public nuisance shall be subject to the provisions of the city ordinance governing such nuisance, including reimbursing the city for any costs incurred in removing, abating or remedying said nuisance.
(Ord. 1413 § 12.4, passed 4-1-2015)
§ 13.16.194   Contractor listing.
   Subject to other applicable law, industrial users which have not achieved consistent compliance with applicable pretreatment standards and requirements are not eligible to receive contract awards for the sale of goods or services to the city.
(Ord. 1413 § 12.5, passed 4-1-2015)
AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
§ 13.16.210   Affirmative defenses.
   A user shall have an affirmative defenses in any action brought against it alleging a violation of the general prohibitions, specific prohibitions and this chapter, where the user can demonstrate the requirements established in 40 C.F.R. 403.5(a)(2).
(Ord. 1413 § 13.1, passed 4-1-2015)
§ 13.16.211   Upset.
   A.   For the purpose of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
   B.   An upset shall be an affirmative defense to an enforcement action brought for noncompliance with categorical pretreatment standards and requirement if the following conditions are met:
   C.   A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
      1.   The user can identify the cause of the upset;
      2.   The facility was operating in a prudent and workman-like manner at the time of the upset and was in compliance with applicable O&M procedures; and
      3.   The user submits the following information to the city within 24 hours of becoming aware of the upset, If this report is given orally, the user must also submit a written report containing such information within 5 days:
         a.   A description of the discharge and its causes of noncompliance;
         b.   The period of noncompliance including exact dates and time or, if not corrected, the anticipated time the noncompliance is expected to continue;
         c.   Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
      4.   In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have burden of proof.
      5.   Users will have the opportunity for judicial determination on any claim of upset only in an enforcement action for noncompliance with categorical pretreatment standards.
      6.   User shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(Ord. 1413 § 13.2, passed 4-1-2015)
§ 13.16.212   Prohibited discharge standards.
   An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in § 13.16.015, first paragraph of § 13.16.001 or the specific prohibitions in § 13.16.015B.2. through 3., B.5. through 11., and B.13. through 20., if it can prove that it did not know or have reasons to know that its discharge, alone or in conjunction with discharges from other sources would cause pass through or interference and that either:
   A.   A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to and during the pass through or interference; or
   B.   No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, in compliance with applicable sludge use or disposal requirements.
(Ord. 1413 § 13.3, passed 4-1-2015)
§ 13.16.213   Bypass.
   A.   For the purposes of this section,
      "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility.
      "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
   B.   A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of divisions A., B. and C. of this section.
      1.   If a user knows in advance of the need for a bypass, it shall submit prior notice to the Public Works Director or other designee, at least 10 days before the date of the bypass, if possible.
      2.   A user shall submit oral notice to the Public Works Director or other designee of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within 5 days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Public Works Director or other designee may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
      3.   Bypass is prohibited, and the Public Works Director or other designee may take an enforcement action against a user for bypass, unless:
         a.   Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
         b.   There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
         c.   The user submitted notices required under division 3. of this section.
   C.   The Public Works Director or other designee may approve an anticipated bypass, after considering its adverse effects; if the Public Works Director or other designee determines that it will meet the 3 conditions listed in division B. of this section.
(Ord. 1413 § 13.4, passed 4-1-2015)
MISCELLANEOUS PROVISIONS
§ 13.16.230   Pretreatment charges and fees.
   The city may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include:
   A.   Fees for permit applications including the cost of processing such applications;
   B.   Fees for monitoring, inspection and surveillance procedures including the cost of reviewing monitoring reports submitted by industrial users;
   C.   Fees for reviewing and responding to accidental discharge procedures and construction;
   D.   Fees for filing appeals;
   E.   Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines and penalties chargeable by the city.
(Ord. 1413 § 14.1, passed 4-1-2015)
§ 13.16.231   Sewer connection charges levied and imposed.
   A.   What is a connection charge? All sewer connection charges and any other development-related charges shall be imposed in accordance with the city's most current systems development ordinance and implementing resolutions.
   B.   What the connection charge is based on. The service connection charge is levied upon a property based upon the existing or intended use of the property at the time of application for connection. If the property is improved, expanded, subdivided or otherwise modified so as to increase the connection charge due from that property, a service connection charge shall be levied for the modified portion of the property based upon connection charges in effect at the time of modification.
   C.   Abutting a Right-of-Way with Sanitary Service. Any dwelling that is on property abutting any street, alley or right-of-way in which there is located a sanitary sewer of the city and, that by reason of ordinance, resolution or motion duly adopted by the City Council, is not required to connect to the sewage system, shall not be subject to the sewer connection charges provided by this chapter.
(Ord. 1413 § 14.2, passed 4-1-2015)
§ 13.16.232   Rates for connection charges.
   The City Council shall by resolution, establish appropriate rates and methodologies to be charged for connecting to the city sewer system. Such rates shall differentiate between various types of users or activities with discharge into the sewage system.
(Ord. 1413 § 14.3, passed 4-1-2015)
§ 13.16.233   Fees for sewer service levied and imposed.
   A.   Rates. All users of the city's sewage system shall pay to the city the rates for sewer service as provided by this chapter.
   B.   Abutting a row with service. Any dwelling that is on property abutting any street, alley or right-of-way in which there is located a sanitary sewer of the city and that, by reason of ordinance, resolution or motion duly adopted by the City Council, is not required to connect to the sewage system, shall not be subject to the sewer service charges provided by this chapter.
   C.   When levied (existing). When sewer service is initially provided to existing dwellings, said sewer service charge shall first be levied for the month following the first month in which dwellings are permitted to be connected to the sewer.
   D.   When levied (new). When new dwellings are served by the sewage system, said sewer service charge shall first be levied for the month following the first month in which the dwelling is occupied or utilized by personnel not associated with the construction of the dwelling.
   E.   Based on availability. Sewer service charges are to be levied and imposed based upon the availability of sewer service, and are not dependent upon the owner's schedule for connecting to the sewer system after said system is available.
   F.   Minimum service. The minimum service for an individually billed service shall be equal to the charge for a residential service.
   G.   Who is billed. Sewer service charges shall be billed to any dwelling showing connection to the city sewer and either water use or electric power use.
   H.   Property owner responsibility. Sewer service charges may be billed to an occupant; however, the property owner shall be ultimately responsible for all sewer service charges to his or her property.
(Ord. 1413 § 14.4, passed 4-1-2015)
§ 13.16.234   Severability and conflicts with other ordinances.
   A.   If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.
   B.   To the extent that an inconsistency exists between the terms of this chapter and another existing ordinance, this chapter shall be deemed to preempt the other ordinance and the terms of this chapter shall control.
(Ord. 1413 § 14.5, passed 4-1-2015)
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