(a) Compensatory charges. The City may assess one or more compensatory charges to recover any additional expense to the City resulting from providing service to any user responsible for any of the following:
(1) Violating any limit or discharge prohibition established by § 46-146 where no order or use permit has been issued to that user; or
(2) Violating the limits or discharge prohibitions contained in an order, SAL or use permit applicable to that user.
(b) Applicability of compensatory charges. Any user shall be liable for one or more compensatory charge to reimburse the POTW for any costs, damages or expenses (direct or indirect) that the City may incur or that may be imposed on the City in handling, treating and responding to an unlawful discharge where the exceedance of the limits contained in this division, an order, SAL or user permit causes or contributes to the costs, damages or expenses.
(c) Amount of compensatory charges. The City Director shall calculate the amount of the compensatory charges to be assessed against the user.
(d) Criteria for assessing compensatory charges. The amount of compensatory charges shall be based upon the following minimum criteria:
(1) The volume of the discharge;
(2) The length of time the discharge occurred;
(3) The composition of the discharge;
(4) The nature, extent and degree of success the POTW may achieve in minimizing or mitigating the effect of the discharge;
(5) The toxicity, degradability, treatability and dispersal characteristics of the discharges;
(6) Costs incurred by the City to treat the discharges, including operation and maintenance, capital costs, replacement costs, sampling and analytical costs, sludge handling and disposal costs, and administrative costs;
(7) Costs incurred by the City in investigating the user’s violation and enforcing this division or an order or use permit applicable to the user;
(8) Fines and penalties imposed on the City. The compensatory charges may also include the City’s costs of defense (including actual attorney fees, consultant fees, and sampling and analytical fees) of actions brought or threatened to be brought against the City by the State or Federal government or third parties;
(9) Any damages to the POTW or damages imposed upon the City by the State or Federal government or third parties; and
(10) Such other factors as the City Director deems appropriate under the circumstances.
(Ord. 3630, passed 12-13-2004)