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§ 53.55 POWERS AND AUTHORITY OF INSPECTORS.
   (A)   The Utilities Superintendent or his or her representative, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing pertinent to the discharges to the city’s sewer system in accordance with the provisions of this section.
   (B)   The Utilities Superintendent or his or her representative is authorized to obtain information concerning industrial processes which have a direct bearing on the type and source of discharge to the wastewater collection system. An industry may withhold information considered confidential; however, the industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
   (C)   While performing necessary work on private properties, the Utilities Superintendent or his or her representative shall observe all safety rules applicable to the premises established by the owner.
   (D)   The Utilities Superintendent or his or her representative shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the easement pertaining to the private property involved.
(Ord. 72, passed 3-3-1986)
§ 53.56 WASTEWATER DISCHARGE PERMITS.
   (A)   Mandatory permits. All industrial users proposing to connect or to commence a new discharge to the wastewater treatment system shall obtain a wastewater discharge permit before connecting to or discharging into the wastewater treatment system if the discharge would result in the industry being classified as a significant industrial user. All existing significant industrial users or industrial users subject to National Categorical Pretreatment Standards under Section 307(b) and (c) of the Act connected to or discharging into the wastewater treatment system shall obtain a wastewater discharge permit within 180 days after the effective date of this chapter.
   (B)   Permit application. Users required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city. Existing users shall apply for a wastewater discharge permit within 30 days after the effective date of this chapter, and proposed new users shall apply at least 90 days prior to connecting or discharging to the wastewater treatment system. In support of the application, the user shall submit the information required by the city for the issuance of such a permit.
(Ord. 72, passed 3-3-1986)
§ 53.57 LEGAL ACTION.
   (A)   If a person negligently violates any provision of this title or negligently fails to comply with any order issued by the city in accordance with this chapter, then the City Attorney may seek to enforce this chapter by appropriate legal action. Such action may include, but shall not be limited to, making a claim for monetary damages or obtaining injunctive relief, including the termination of service to such person’s property.
   (B)   If a person willfully violates any provision of this chapter or, in so violating this chapter, performs acts which show willful indifference to the rights or safety of others, such person is guilty of committing a misdemeanor. In addition, all the above powers provided for the enforcement of this chapter shall be applicable, including the making of a claim for punitive damages.
(Ord. 72, passed 3-3-1986)
§ 53.58 COSTS OF DAMAGE.
   (A)   If the city prevails, in whole or in part, in an action brought against the person pursuant to the provisions of either § 53.57, or in accordance with some other remedy allowed by law, then such person shall be liable to the city for any expense, loss or damage caused by such person. Such liability may include, but shall not be limited to, any of the following:
      (1)   Actual costs of repairing, cleaning or otherwise correcting the city’s wastewater treatment system, including the wages paid to city employees and the cost of parts and materials;
      (2)   Actual costs incurred by the city to enforce this chapter against such person, including but not limited to, fees or compensation paid to city employees or others hired by the city, attorney’s fees, and court costs;
      (3)   Punitive damages, if such person willfully violated this chapter, or, in violating this chapter performed acts which indicate a willful indifference to the rights or safety of others;
      (4)   Sewer service charges or such other user charges as such person should have paid, but for the fact that such person violated the reporting requirements of this chapter;
      (5)   General damages in the sum of at least $100 per day for each day that the violation existed.
   (B)   The damages established hereunder may be collected by the city in a fashion similar to any other judgment arising out of District Court. The city may also assess such damages against the real property owned by such person as a special assessment.
(Ord. 72, passed 3-3-1986)