(A) Pretreatment charges and fees. The city may adopt and levy reasonable fees for full reimbursement of costs, including without limitation, administration and overhead costs of setting up and operating the city’s pretreatment program which may include:
(1) Fees for wastewater discharge permit applications including the cost of processing such applications;
(2) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user’s discharge, and reviewing monitoring reports submitted by users;
(3) Fees for reviewing and responding to accidental discharge procedures and construction;
(4) Fees for filing appeals; and
(5) Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this subchapter and are separate from all other fees, fines, and penalties chargeable by the city.
(B) Cost recovery.
(1) When a discharge of wastewater, wastes, or any other material, causes an obstruction, damage, unusual operational problems, or any other impairment to the POTW, or causes contamination of surface or subsurface waters, the Director may assess a charge against the violator equal to the cost required to clean or repair the facility or otherwise correct the problems, and may add such costs to the violator’s waste service charge.
(2) Any person who violates any provision of this subchapter, or who discharges or causes a discharge that produces a deposit or obstruction or otherwise damages or impairs the POTW, or causes or contributes to a violation of any federal, state, or local law governing the POTW, shall be liable to and shall fully reimburse the city for all expenses, costs, losses or damages (direct or indirect) payable or incurred by the POTW or the city as a result of any such discharge, violation, exceedance or noncompliance. The costs that must be reimbursed to the city shall include, without limitation, all of the following:
(a) All costs incurred by the POTW and the city in responding to the violation or discharge, including expenses for any cleaning, repair, or replacement work, and the costs of sampling, monitoring, and treatment, as a result of the discharge, violation, exceedance, or noncompliance;
(b) All costs incurred by the POTW and the city in monitoring, surveillance, and enforcement in connection with investigating, verifying, and prosecuting any discharge, violation, exceedance, or noncompliance;
(c) The full amount of any fines, assessments, penalties, and claims, including natural resource damages, levied against the POTW or the city by any governmental agency or third party as a result of a violation of the POTW’s NPDES permit (or other applicable law or regulation) that is caused by or contributed to by any discharge, violation, exceedance, or noncompliance. This provision is not intended to impose joint and several liability on any user where the harm is proven is proven to be divisible; and
(d) The full value of any city staff time (including any required overtime), contractor, consultant, and engineering fees, and actual attorney fees and defense costs (including the City Attorney and any special legal counsel), associated with responding to, investigating, verifying, and prosecuting any discharge, violation, exceedance, or noncompliance or otherwise enforcing the requirements of this subchapter.
(3) Further, the city is authorized to correct any violation of this subchapter or damage or impairment to the POTW caused by a discharge and to bill the person causing the violation or discharge for the amounts to be reimbursed to the city. The costs reimbursable under this section shall be in addition to fees, amounts, or other costs and expenses required to be paid by users under other sections of this subchapter.
(C) Penalties and interest on unpaid charges.
(1) Unpaid charges, surcharges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1% per month.
(2) A lien against the user’s property will be sought for unpaid charges, surcharges, fines, and penalties.
(D) Severability. If any provision of this subchapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.
(E) Agreements.
(1) No provision of this subchapter shall be construed as preventing any special agreement or arrangement between the city and any person whereby:
(a) Sewage or waste of unusual strength or character may be accepted by the city for treatment, except that the applicable state or federal standards regarding prohibited discharges shall not be waived and a waiver of the federal categorical pretreatment standards shall be obtained only through the procedures established in applicable regulations, including but not limited to 40 C.F.R. Part 403; or
(b) A variation is established from any requirement in this subchapter, other than a discharge limit, provided such variation is not a violation of any applicable state or federal law or regulation.
(2) Any special agreement or arrangement under this subchapter is subject to the payment by such person to the city of additional costs, fees, or charges as may be reasonable.
(F) Protection from damage. No person shall break, damage, destroy, deface, or tamper with any property structure or appurtenances which is a part of the POTW. No person shall, without a permit, uncover or connect to any structure or appurtenance which is a part of the POTW.
(Prior Code, § 51.45) (Ord. D-1927, passed 7-15-2002, effective 8-1-2002)