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If any person discharges wastewater, industrial wastes or other wastes into the wastewater treatment system contrary to the provisions of this subchapter, federal or state pretreatment requirements or any order of the city, the City Attorney may, following the authorization of that action by the Council, commence an action for appropriate legal and equitable relief.
(2004 Code, § 53.086) (Ord. 727, passed 12-12-1985)
(A) A list of the users who were significantly violating applicable pretreatment requirements or national categorical pretreatment standards during the 12 previous months shall be annually published by the city in a local newspaper. The notification shall also summarize any enforcement actions taken against the user during the same 12 months.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SIGNIFICANT VIOLATIONS. Violations which remain uncorrected 45 days after notification of non-compliance, which are a part of a pattern of non-compliance over a 12-month period or which involve a failure to accurately report non-compliance.
(C) Users will be notified by letter prior to publication of a list if they are included on the list, and will be given one week to respond to the City Engineer regarding the appropriateness of their inclusion.
(2004 Code, § 53.087) (Ord. 727, passed 12-12-1985)
(A) Any interested party shall have the right to request in writing an interpretation or ruling on any matter covered by this subchapter and shall be entitled to a written reply from the city.
(B) Any decision of the City Engineer in the enforcement of this subchapter may be appealed to the Council by filing a written petition with the City Administrator within 30 days of the City Engineer’s ruling. The petition shall specify in detail the matter or matters involved and every ground or basis on which objections are made. The petition shall show the names, addresses and telephone numbers of all objectors and their attorney at law or spokesperson. The filing of a petition in accordance with the requirements herein shall stay all proceedings unless the City Engineer shall file within 72 hours after the filing of a petition a certificate stating that a stay would cause peril to life or property or specifying other good reason. The Council shall fix a reasonable time for hearing of the petition or appeal and give due notice of the time and place of the hearing to parties named in the petition as attorney or spokesperson. The hearing shall be open to the public. Petitioners shall be given full opportunity to present evidence in support of their petition, after which the City Engineer may present evidence in support of his or her decision.
(C) The Council shall decide the appeal within a reasonable time and notify the attorney or spokesperson. The minutes of the Council shall constitute the official record of the petition, hearing and decision. Any party desiring a transcript of the proceedings shall furnish a qualified court reporter at their own expense.
(2004 Code, § 53.088) (Ord. 727, passed 12-12-1985)
Following discussions between the city and users and a thorough review of the problem, and a final decision as to the cause, any user violating any of the provisions of this subchapter, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the city’s wastewater treatment system, shall become liable to the city for any expense, loss or damage caused by that violation or discharge. The City Administrator may add to the user’s charges and fees the costs assessed for any cleaning, repair or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this subchapter.
(2004 Code, § 53.089) (Ord. 727, passed 12-12-1985) Penalty, see § 10.99
It is unlawful for any person to knowingly make any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this subchapter or the wastewater discharge permit, or to falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this subchapter.
(2004 Code, § 53.090) (Ord. 727, passed 12-12-1985) Penalty, see § 10.99
RATES AND CHARGES
(A) Sewer users served by water utility water meters. There is hereby levied and assessed upon each lot, parcel of land, building or premises having a connection with the wastewater collection system and being served with water solely by the water utility, a sewer service charge based, in part, on the quantity of water used, as measured by the water utility water meter used upon the premises.
(B) Sewer users served by private wells. If any person discharging wastewater into the public sanitary sewers procures any part or all of his or her water from sources other than the water utility, all or part of which is discharged into the sanitary sewers, the property shall have water meters installed by the city at the property owner’s expense for the purpose of determining the volume of water obtained from these sources. Where sewer meters are already installed, new water meters will not be required. The water meters shall be furnished by the city and installed under its supervision, all costs being at the expense of the person requiring the meter. The city will charge for each meter a rental charge set by the city to compensate for the cost of furnishing and servicing the meter. The rental charge shall be billed at the time the sewer service charge is billed.
(2004 Code, § 53.100) (Ord. 781, passed 7-19-1988)
If a sanitary sewer customer feels that a significant amount of metered water will not or does not reach the sanitary sewer, a customer may select one of the following options.
(A) The customer may request to have a deduct meter installed, as necessary to calculate the volume of water not discharged to the sanitary sewer. In the case of significant industrial users or other commercial, industrial or institutional customers, they may request to measure the actual amount of sewage discharged to the sanitary sewer using other mutually acceptable means.
(1) Requests for a deduct meter or other means of measuring sewage metered services must be made in writing. In the event the city agrees to the installation, the customer shall make provisions for installation of the deduct meter or other mutually acceptable measuring devices at their own cost and shall be charged for all costs related thereto incurred by the city.
(2) No provisions shall be made, nor shall any means be taken, to route any water into the customer’s domestic water system after having flowed through a deduct meter or having been measured in any other way.
(3) In addition to the remedies set forth in § 53.151 of this chapter, any violation of this chapter will result in nullification of the deduct readings and removal of the deduct meter or other measuring device.
(B) In the event it is physically impractical or impossible to install metering equipment, the customer may request the Council to take means it deems necessary to formulate an estimate of the amount of water not being discharged into the sanitary sewerage system or, conversely, the amount of actual sewage discharged thereto and all related charges, credits or other provisions shall be identified in a separate agreement with the customer.
(C) Water that flows through deduct meters and does not reach the sewer system shall be charged as described in the rates identified within the city’s fee schedule or be identified in a separate agreement with the customer.
(2004 Code, § 53.101) (Ord. 781, passed 7-19-1988; Ord. 22-836, passed 1-10-2023)
Each user shall pay its proportionate share of operation, maintenance and replacement costs of the treatment works, based on the user’s proportionate contribution to the total wastewater loading from all users.
(2004 Code, § 53.102) (Ord. 781, passed 7-19-1988)
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