(A)   Waiver of requirements other than the federal and state minimum. No provision of this chapter shall be construed as prohibiting or preventing any special agreement or arrangement between the city and any user whereby compatible industrial wastewater discharges of unusual strength or character may be accepted by the city for treatment, or whereby the city may otherwise waive or adjust requirements herein, subject to any city-imposed special conditions and city-imposed capital and usage charges and/or surcharges to the user. However, in no instance shall a waiver or adjustment be granted by the city which would result in a violation of applicable law or any applicable minimum federal or state pretreatment requirement or standard (e.g., National Categorical Pretreatment Standards).
   (B)   Waiver or adjustment of local limits.
      (1)   The city specifically reserves the right to grant a waiver or adjustment to any user for any specific local limit developed pursuant to § 52.038, when it can be demonstrated by the user to the satisfaction of the city that such waiver or adjustment will not result in interference, pass through, a violation of the city’s NPDES permit or a violation of this chapter.
      (2)   In no case shall any such waiver or adjustment of local limits allow a user to discharge any pollutant which, in combination with other users’ discharges, would reasonably be expected to exceed the mass loadings determined by the city as acceptable to the POTW based upon considerations of, among other things, interference, pass through and sludge contamination. The city may consider other factors (e.g., effect of the discharge on the POTW’s treatment, future expansion; whether compliance with the limit would result in a removal cost wholly out of proportion to the environmental benefits achieved) as it deems appropriate.
      (3)   The city may require a user requesting such special agreement waiving or adjusting any such local limit to submit supporting documentation indicating why the user cannot reasonably expect to meet the local limits, setting forth an expeditious schedule for obtaining compliance with such local limits, and such other information as the city may require. In granting a special agreement the city may impose time limitations upon any less-stringent requirements and a compliance schedule for achieving full compliance. In granting any special agreement, the city may impose any other special conditions deemed necessary or appropriate by the city.
      (4)   If granting a special agreement under this section would result in increased costs to the city (e.g., capital, operations and maintenance, treatment, and/or sludge disposal costs), the city may condition the special agreement upon the agreement of the user to pay such costs, and to provide security adequate in the city’s judgment to assure payment of such costs. Any and all special agreements or waivers under this section require the approval of City Council.
(Ord. 1433, passed 7-1-2002)