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(A) An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the following requirements are met.
(B) An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the industrial user can identify the specific causes of the upset;
(2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
(3) The industrial user has submitted the following information to the city and Control Authority immediately upon becoming aware of the upset (if this information is provided orally, a written submission must be provided within 15 days):
(a) A description of the indirect discharge and cause of noncompliance;
(b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(C) Burden of proof. In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(D) User responsibility in case of upset. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with all applicable regulations upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
(Ord. 1984-35, passed 12-18-84)
In addition to the fine levied upon conviction of a violator, the Board of Trustees may, where the circumstances of the particular case so dictate, direct the attorney for the city to seek injunctive relief to prohibit the user from discharging into the sanitary sewer system, or to provide such affirmative relief as may be appropriate.
(Ord. 1984-35, passed 12-18-84)
The city may, upon discovering an ongoing or potential discharge of pollutants to the city POTW which reasonably appears to present an imminent danger to the health or welfare of persons, seek and obtain from the circuit court of the county a temporary restraining order to halt or prohibit such discharge. Prior to the filing of such petition, the discharger shall be given informal notice of city's intention to file such action. Methods of informal notice shall include, but not be limited to, any of the following: Personal conversation between discharger and city employees, telephone calls, letters, hand delivered messages, or notices posted at the discharger's premises or point of discharge. Personal contact between city personnel and the discharger shall be attempted, but shall not be condition precedent to city's petition for and obtaining of a temporary restraining order.
(Ord. 1984-35, passed 12-18-84)
The city may, upon discovering an ongoing or potential discharge to city POTW which presents or may present a danger to the environment or which threatens to interfere with the operation of the POTW, immediately issue an order to the discharger to show cause before the Board of Public Works and Safety why the city should not suspend service, revoke the discharger's wastewater discharge permit, or seek injunctive relief to prohibit the discharger from making the discharge. Procedures to be followed by the Board of Trustees in said show cause hearing and in subsequent actions by the Board of Public Works and Safety shall be in accordance with this chapter.
(Ord. 1984-35, passed 12-18-84)
RATES AND CHARGES
(A) Applications for a sewer connection permit shall be filed with the Sewer Utility Office on a form supplied by the city.
(B) Each user, at the time of connection with the sanitary sewer system, shall have paid a connection fee to the city for the actual costs incurred to complete the connection, as determined by the city. In the event the customer contracts to privately complete the connection, the city shall inspect and approve of the work prior to initiation of service to the customer and shall assess a fee.
(1) The fee shall be $350 for residential and other users within the city limits, and $550 for residential and other users outside the city limits.
(2) Mobile home and trailer parks shall pay a fee of $105 per space.
(Ord. 1969-34, passed 11-18-69; Am. Ord. 1982-7, passed 7-6-82; Am. Ord. 1992-30, passed 12-8-92; Am. Ord. 1994-33, passed 12-6-94; Am. Ord. 2008-19, passed 12-16-08; Am. Ord. 2009-17, passed 1-5-10; Am. Ord. 2014-11, passed 8-5-14)
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