(a) Late fee. A late fee shall be assessed to any User for each day that a report required by this Article, a permit or order issued hereunder is late, beginning five days after the date the report is due. Actions taken by the Utility Manager to collect late reporting penalties shall not limit the Utility Manager's authority to initiate other enforcement actions that may include penalties for late reporting violations.
(b) Performance Bonds. The Utility Manager may decline to issue or reissue an individual wastewater discharge permit to any User who has failed to comply with any provision of this Article, a previous individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, unless such User first files a satisfactory bond, with or without corporate surety, payable to the City, in a penal sum not to exceed a value determined by the Utility Manager to be necessary to achieve consistent compliance.
(c) Liability Insurance. The Utility Manager may decline to issue or reissue an individual wastewater discharge to any User who has failed to comply with any provision of this Article, a previous individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, unless the User first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
(d) Payment of Outstanding Fees and Penalties. The Utility Manager may decline to issue or reissue an individual wastewater discharge permit to any User who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this Article, a previous individual wastewater discharge permit, or order issued hereunder.
(e) Water Supply Severance. Subject to the Rules and Regulations for the Government of Sewer Utilities promulgated by the Public Service Commission of West Virginia, whenever a User has violated or continues to violate any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, water service to the User may be terminated. Service will recommence, at the User's expense as provided in the City's approved water and sewer tariffs, only after the User has satisfactorily demonstrated its ability to comply.
(f) Public Nuisances. A violation of any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Utility Manager.
(g) Contractor Listing. Users which have not achieved compliance with applicable Pretreatment Standards and Requirements are not eligible to receive a contractual award for the sale of goods or services to the City. (Ord. 1509. Passed 11-23-10.)