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)