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§ 52.183 DISCONTINUED WATER SERVICE.
   Sewage service shall terminate with the discontinuance of public water service, except as otherwise provided herein.
(Ord. 1225, passed 3-21-1977)
§ 52.184 MISCELLANEOUS PROVISIONS.
   (A)   No person shall furnish sewage service to others, except in temporary emergencies.
   (B)   Should any person or persons move into any premises supplied with water from the city mains, without making a written application in the manner provided therefor, and uses water, then such person or persons shall become responsible for all sewer service from the date of the last reading previous to their occupying such premises. Failure to pay the same shall be cause for disconnecting such service, until the amount due is paid.
   (C)   Where any customer is liable to the city for water or sewer service furnished at one place, and is thereafter located using water or sewer service at some other place, the water shall be turned off at the new location until all valid sewer service accounts past due are paid.
   (D)   All meters, curb cocks, piping valves and meter boxes connected with the city mains and service pipes, including those furnished at the expense of the consumers or property owners, shall remain under the direct control of the city, and no person or persons other than those authorized by the city shall connect or disconnect, bypass, remove seals from, move or otherwise tamper with any such meter or turn on or off the water at the curb cock, valve or meter, or to open, move or tamper with any meter box, or open any meter box in any way.
   (E)   No person shall make use of city sewers except in accordance with the terms and conditions of this chapter.
   (F)   Whenever water shall be used on any metered premises for fire protection or firefighting, in an actual case of fire or conflagration, no charge shall be made for the use of sewers as determined by such water consumption, and the amount of water so used shall be ascertained by comparison with the average use of water during a corresponding billing period, as shown by the meter.
   (G)   (1)   Whoever intentionally, by any means or device, prevents water from passing through any meter belonging to the city, or used in connection with the supply of water or measurement of sewage or water flows for any user by the city, to register the flow passing through such meter, or intentionally prevents a meter from duly registering the flow or in any way interferes with its proper action or just registration, or without the consent in writing of the city intentionally diverts any water from any pipe or pipes of the city or otherwise intentionally uses, or causes to be used, without the consent of the city, any water produced or distributed by the city, or any person who retains possession of or refuses to deliver any meter or other appliance loaned to him or her by the city for the purpose of furnishing water or measuring sewage or water flow shall for every offense suffer a penalty as hereinafter provided.
      (2)   The presence at any time on or about any such meter or pipe of any device or pipes resulting in the diversion of water or prevention of its free passage and registration by the meter or diverting from the meter as above defined or resulting in the prevention of water from reaching the meter, or preventing the just registration of the meter or meters or the taking of any water except through a meter as above set forth shall constitute prima-facie evidence of knowledge on the part of the person owning or having custody and control of the room, building, place or premises where such device or pipe is of the existence thereof and knowledge of such existence to the person who would be benefitted by the failure of the water to be properly metered, and shall further constitute prima facie evidence of intention on the part of such person or persons to defraud, and shall bring such person prima facie within the scope, meaning and penalties of these regulations.
   (H)   Any use of sewers connected to the sewerage system which is not metered, or otherwise controlled by the city, shall be billed on a basis which is mutually agreed upon by the city and the contracting person prior to such use.
   (I)   If any person or persons discharge sewage into the sewerage system without the provisions of meter, or other approved method of measuring flow, water service to the premises may be discontinued and/or the sewer connection may be blocked to prohibit use after five days’ written notice.
(Ord. 1225, passed 3-21-1977) Penalty, see § 52.999
WASTEWATER TREATMENT PLANT
§ 52.195 RATES FOR DUMPING AT TREATMENT PLANT.
   The following rates shall be charged for septic waste which is hauled to and dumped in the special septic waste vault at the city’s wastewater treatment plant:
   (A)    For a haul truck with a 1,000 gallon tank or less, the fee shall be a flat rate of $55;
   (B)   For a haul truck with a tank capacity greater than 1,000 but no more than 1,500 gallons, a fee shall be a flat rate of $85;
   (C)   For a haul truck with a tank capacity greater than 1,500 but not more than 2,000 gallons, a fee shall be a flat rate of $110;
   (D)   For a haul truck with a tank capacity greater than 2,000 but not more than 2,500 gallons, a fee shall be a flat rate of $135;
   (E)   For a haul truck with a tank capacity greater than 2,500 but not more than 3,000 gallons, a fee shall be a flat rate of $165;
   (F)   For a haul truck with a tank capacity greater than 3,000 but not more than 4,000 gallons, a fee shall be a flat rate of $220; and
   (G)   For a haul truck with a tank capacity greater than 4,001 but not more than 5,000 gallons, a fee shall be a flat rate of $275;
   (H)   For a haul truck with a tank capacity greater than 5,001 but not more than 6,000 gallons, a fee shall be a flat rate of $300;
(Res. 17-04, passed 2-6-2017; Res. 17-10, passed 7-17-2017; Res. 22-31, passed 12-19-2022)
Editor’s Note:
   See also city’s fee schedule
§ 52.999 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is proscribed shall be subject to § 10.99 of this code of ordinances.
   (B)   Any person or owner who fails to cease and desist from discharging runoff into the combined sewers within 90 days of written notice to do so shall be in violation of § 52.150, and in addition to all other rights and remedies of the city for such violation shall, upon conviction, be sentenced to pay a fine not less than $300 nor more than $1,000 or imprisonment for a term not exceeding 90 days, or both. Each 30 days of non compliance shall constitute a separate offense.
   (C)   Any person violating any of the provisions of §§ 52.165 to 52.184 may, on conviction in a summary proceeding, be subjected to a fine of not less than $50 nor more than $1,000 for each offense, together with costs of prosecution, and in default of payment thereof undergo imprisonment in the county jail for a term not in excess of 30 days.
   (D)   (1)   A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $1,000 per day per violation. Each violation for each separate day shall constitute a separate and distinct offense under this section. In the case of a monthly or other long-term average discharge limit, penalties may accrue for each day during the period of the violation.
      (2)   In addition to the civil penalties provided herein, the city may recover interest, damages, reasonable attorney’s fees, expert witness fees, administrative or show cause proceedings costs and/or court costs, court reporter fees and other administrative enforcement, proceedings and/or litigation expenses against the person or user found to be in violation of this chapter.
      (3)   In determining the amount of the civil penalty liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user and any other factors as justice requires, expressly including the factors set forth in the city’s civil penalty assessment policy attached hereto as Appendix A.
      (4)   Filing a suit for judicially-imposed civil penalties hereunder shall not be a bar against, or a prerequisite for, taking any other action against a user.
   (E)   (1)   A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a criminal summary offense, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than 90 days, or both.
      (2)   A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a criminal summary offense and be subject to a penalty of not more than $1,000, or be subject to imprisonment for not more than 90 days, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
      (3)   A user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be guilty of a criminal summary offense, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than 90 days, or both.
(Ord. 1225, passed 3-21-1977; Ord. 1433, passed 7-1-2002; Ord. 1562, passed 5-2-2016)
Cross-reference:
   Civil penalty assessment policy, see Appendix A
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