(A) Surcharges are intended to reimburse the city for all costs incurred by the POTW in handling or treating a discharge that contains pollutants in excess of specified surcharge concentrations, loadings or other applicable limits. These costs may include, but are not limited to, the actual cost of treatment including chemical, equipment, and personnel costs.
(B) Any user exceeding applicable surcharge limitations or other applicable limits shall be subject to the imposition of one or more surcharges as provided by this section to reimburse the POTW for any costs or expenses, direct or indirect, the POTW may incur in handling or treating the discharge, or which may be imposed upon the city, where the exceedance of applicable limits causes or contributes to those costs or expenses.
(C) The city may establish surcharge thresholds and rates for BOD, TSS, phosphorous, ammonia nitrogen and any other pollutant parameter for which a surcharge determined appropriate by the Supervisor. These thresholds and rates shall be established, reviewed, calculated, and/or determined from time to time, as determined appropriate by the city.
(D) All violations of applicable discharge prohibitions and limitations and all instances of noncompliance with applicable discharge requirements shall constitute a violation of this chapter, subject to applicable fines, penalties and other enforcement actions provided by this chapter. In no event shall the imposition of a surcharge for a discharge that does not meet the applicable prohibitions, limitations or requirements be construed as authorizing the illegal discharge or otherwise excuse a violation of this chapter.
(Ord. 677, passed 8-28-2023) Penalty, see § 54.99