§ 51.140 RELIABILITY OF MONITORING FACILITIES.

   Approval of proposed monitoring facilities or equipment by the Director of Public Works does not, in any way, guarantee that those facilities or equipment will function in the manner prescribed by their constructor or manufacturer; nor shall such approval relieve a person of the responsibility to enlarge or otherwise modify such facilities to accomplish the intended purpose.

(Prior Code, § 51.140)

§ 51.141 SAMPLING METHODS.

   All measurements, tests and analyses of the characteristics of industrial wastes shall be determined in accordance with EPA approved methods published in the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Health Association and American Water Works Association or Methods for Chemical Analysis of Water and Wastes published by the Environmental Monitoring and Support Laboratory, Office of Research and Development, U.S. Environmental Protection Agency and shall be determined at the monitoring facilities or from samples taken at the monitoring facilities. In the event no special monitoring facility has been installed, the sampling shall be done at the nearest downstream manhole in the public sewers to the point at which the building lateral sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effects of waste constituents upon the wastewater treatment works and to determine the existence of possible hazards to life, limb and property.

(Prior Code, § 51.141) (Ord. 2270, passed 6-17-1972; Ord. 03-39, passed 11-17-2003) Penalty, see § 51.999

§ 51.142 SPECIAL CONTRACTS OR AGREEMENTS.

   No statement contained in these rules and regulations shall be construed as preventing any special agreement or arrangement between the city and any person whereby an industrial waste of unusual strength or character may be accepted by the Department of Public Works for transport and/or treatment, subject to applicable fees or payments.

(Prior Code, § 51.142) (Ord. 03-39, passed 11-17-2003)

§ 51.143 INDEMNITY.

   In the event a person does discharge excessive amounts of pollutants in violation of the discharge permit, said person shall agree to indemnify and hold the city harmless against and from any and all loss, damages claims, demands, actions, causes of action, penalties, judgments, costs and expenses which may result from injury to or death of persons, or from loss or destruction of or damage to property, or results in the city being in violation of state or federal regulatory agency requirements, when such violation, injury, death, loss, destruction or damage arises in any way in connection with or incident to a person depositing amounts of industrial waste in excess of those permitted in the discharge permit into the city’s sanitary sewers. It must be proved, on an individual case basis, that a person’s depositing of excessive amounts of pollutants, on a daily basis, was in fact the cause of a violation, injury, death, loss, destruction or damage, and that the excessive discharge was not due to force majeure.

(Prior Code, § 51.144)

§ 51.144 CHARGES TO MAJOR INDUSTRIES.

   Each major contributing industry shall be assessed a monthly charge that reflects the city’s cost of owning, operating and maintaining the facilities used to serve these customers. The monthly charges shall be determined from time to time based upon analysis of the costs of capital, operation and maintenance costs associated with the facilities used to provide service.

(Prior Code, § 51.145)