§ 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)

INDUSTRIAL WASTE SURCHARGE

§ 51.155 WHEN SURCHARGE IS APPLICABLE.

   Industrial waste surcharge shall be assessed against any person discharging industrial wastes into the city’s sanitary sewer system where the contributed waste strength exceeds that of normal strength wastewater as defined in § 51.002 of this code. Persons subject to the industrial waste surcharge shall be subject to the regular sewer user charges.

(Prior Code, § 51.155)

§ 51.156 POLLUTANTS SUBJECT TO SURCHARGE.

   The monthly amount of pollutants subject to the surcharge will be based on the average loading per facility operating day, in excess of 250 mg/l for BOD5 or suspended solids, in excess of 100 mg/l for biodegradable oils and grease, in excess of 30 mg/l for ammonia, in excess of zero (0) mg/l for hydrogen sulfide, times the number of operating days per month.

(Prior Code, § 51.156)

§ 51.157 AMOUNT OF SURCHARGE.

   (A)   The industrial waste surcharge to be assessed each month will be determined by application of the rates then in effect.

   (B)   The surcharge amount shall be determined by calculating the average number of pollutant pounds per operating day based on the average of periodic grab or composite samples obtained and tested as described in § 51.141.

   (C)   In computing the surcharge amount, no credit will be allowed because pollutant strength is less than that allowed in normal strength wastewater.

(Prior Code, § 51.157)

§ 51.158 REVIEW OF SURCHARGE RATES.

   The Director of Public Works shall review the surcharges annually and adjust them, if necessary, to reflect the actual cost to treat the pollutants subject to the surcharge.

(Prior Code, § 51.158)