912.08 DAMAGE OR DESTRUCTION OF SEWAGE WORKS.

   No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(Ord. 7-86. Passed 2-10-86.)

912.09 OPERATING UPSETS.

   Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter or a wastewater discharge permit issued pursuant hereto shall inform the City thereof within twenty-four hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the City within five days. The report shall specify:

   (a)    Description of the upset, the cause thereof and the upset's impact on a discharger's compliance status;

   (b)    Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur; and

   (c)    All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.

   A documented and verified bonafide operation upset shall be an affirmative defense to any enforcement action brought by the City against a discharger for any noncompliance with this chapter or any wastewater discharge permit issued pursuant hereto which arises out of violations alleged to have occurred during the period of the upset.
(Ord. 7-86. Passed 2-10-86.)

912.10 POWERS AND AUTHORITY OF CITY ENGINEER AND SUPERINTENDENT.

   (a)    The City Engineer, Superintendent or other duly authorized employees of the City bearing proper credentials and identifications shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The City Engineer or his representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and sources of discharge to the sewers or waterways or facilities for waste treatment.

   (b)    While performing the necessary work on private properties referred to in subsection (a) hereof, the City Engineer or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees, and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 912.07(k).

   (c)    The City Engineer and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of but not limited to inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within such easement. All entry and subsequent work, if any on such easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. 7-86. Passed 2-10-86.)

912.11 HEARING BOARD.

   (a)    A Hearing Board shall be appointed by the Mayor as needed for arbitration of differences between the City Engineer and sewer users on matters concerning interpretation and execution of the provisions of this chapter. The cost of the arbitration will be divided equally between the City and the sewer user.

   (b)   One member of the Board shall be a registered professional engineer; one member shall be a representative of an industry or manufacturing enterprise; one member shall be a lawyer and one member shall be selected at large for his interest in accomplishing the objectives of this chapter.
(Ord. 7-86. Passed 2-10-86.)

912.12 VALIDITY.

   (a)    All ordinances or parts of ordinances in conflict herewith are hereby repealed.

   (b)    The validity of any section, clause, sentence or provision of this chapter shall not affect the validity of any other part of this chapter which can be given effect without such invalid part or parts.
(Ord. 7-86. Passed 2-10-86.)

912.99 PENALTY.

   (a)   Whoever violates any provision of this chapter, shall be served by the Service- Safety Director with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall within the period of time stated in such notice, permanently cease all violations.

   (b)    Whoever continues any violation beyond the time limit provided for in subsection (a) hereof shall be fined not more than one hundred dollars ($100.00) for each violation. Each day in which any such violation continues shall be deemed a separate offense.

   (c)    Whoever violates any of the provisions of this chapter shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.

   (d)    The City shall enforce by mandamus, injunction or other legal remedy these rules and regulations, and shall remove any harmful or improper construction or obstruction or shall close any opening or connection made improperly or in violation of these rules and regulations, under authority provided in the Code.

   (e)    The City shall have full power to invoke any authorized legal, equitable or special remedy for the enforcement of this chapter.
(Ord. 7-86. Passed 2-10-86.)