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If the Control Authority has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of this Control Authority designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Control Authority may seek issuance of a search warrant from the appropriate court.
(Ord. 2005-8-226, passed 8-2-05)
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, monitoring programs, and from the Control Authority's inspection and sampling activities, shall be made available to the public without restriction, unless the user specifically requests, and is able to demonstrate, to the satisfaction of the Control Authority, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of the report that might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data," as defined by 40 C.F.R. 2.302, will not be recognized as confidential information and will made be available to the public without restriction.
(Ord. 2005-8-226, passed 8-2-05; Am. Ord. 2007-06-291, passed 6-5-07)
The Control Authority shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:
(A) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
(B) Technical Review Criteria (TRC) violations, defined here as those in which 33% or note of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria: 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH;
(C) Any other discharge violation that the Control Authority believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public);
(D) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Control Authority’s exercise of its emergency authority to halt or prevent such a discharge;
(E) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(F) Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliances with compliance schedules;
(G) Failure to accurately report noncompliance;
(H) Any other violations which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 2005-8-226, passed 8-2-05)
RATES
(A) Establishment.
(1) The city hereby establishes as rates, to be charged for sewer services furnished by the city's system, which the City Council finds and declares to be reasonable and necessary, to be charged to all users who contribute wastewater to the city treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining, improving or expanding, including replacement, the public wastewater collection and treatment works (the sewer system). (REPLACEMENT is defined as expenditures for obtaining and installing equipment, accessories or appurtenances during the useful life of the treatment works necessary to maintain the capacity and performance for which they were designed and constructed.)
(2) All sewer users shall be classified by the city as residential, commercial or industrial.
(B) Schedule of sewer rates. The following schedule of sewer rates to be applied to the water consumption of users as set forth in the article, Sewer Rate Schedule.
(1) Inside the city: the charges to each customer for sewage collection and treatment shall he determined each month and shall be the sum of a base and a usage charge based on the customer's metered water usage determined as set forth in this division and computed using the following schedule of rates, for the following time period, after August 20, 2024:
(a) Base charge: $15.23.
(b) All water consumption per month or portion thereof, per 1,000 gallons: $10.14.
(2) Outside city:
(a) Base charge: $20.56.
(b) All water consumption per month, per 1,000 gallons: $13.70.
(3) Industrial user rate: *
(a) Base charge shall be the same amount as charged fox all other customers inside or outside the city.
* Industrial user is defined by metered sewer usage in excess of 250,000 gallons per month.
(b) All sewer generated per month, per 1,000 gallons: $13.46 inside city; $17.76 outside the city.
(C) Tapping fees. All users of the sewer system shall be required to pay tapping fees prior to accessing the sewer system. The cost for a 4-inch service tap shall be $500. For any tap larger than 4 inches, the tapping fee shall be $1,000.
(D) Septic tank non-compliance fees. Commencing 30 business days after receiving written notice of a noncomplying individual sewage disposal system, the landowner shall be subject to a fine of not less than $5 nor more than $15 for each calendar day beyond said 30 business days that the system is in violation of the code.
(E) Excessive strength charges.
(1) For any user, when the BOD exceeds 250 mg/l, the suspended solids exceed 250 mg/l, the total phosphorus exceeds 15 mg/l, the total nitrogen exceeds 50 mg/l or when other pollutant concentrations exceed the range of concentrations of these pollutants in normal domestic sewage, a surcharge shall be added to the basic charge. This surcharge shall be calculated by the following formula:
Cs (Bc(B) + Sc(S) + Pc(P)) Vu
Symbols and definitions:
Cs= A surcharge for wastewaters of excessive strength
Be = O&M cost for treatment of a unit of biochemical oxygen demand (BOD)
B = Concentration of BOD from a user above a base level
Sc= O&M cost for treatment of a unit of suspended solids (SS)
S = Concentration of SS from a user above a base level
Pc= O&M cost for treatment of a unit of any pollutant
P = Concentration of any pollutant from a user above a base level
Vu = volume contribution from a user per unit of time
* Maximum limit for average domestic waste.
(2) Surcharge fees for excessive strength wastewater shall be as follows:
Surcharge limit (mg/l)
|
Fee per lb. over limit
| |
BOD 5 (mg/l) | 250 | $0.20 |
Total phosphorous (mg/l) | 15 | $0.10 |
Total nitrogen (TKN+NOX)(mg/l) | 50 | $0.50 |
Total suspended solids (mg/l) | 250 | $0.20 |
(F) Charges for extraneous flows. The costs of operation and maintenance for all flows not directly attributable to users (such as infiltration/inflow) shall be distributed among users on the same basis as operation and maintenance charges.
(G) Toxic pollutants charges. Each user that discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge of the treatment works shall pay for such increased costs.
(Ord. 2006-09-271, passed 9-5-06; Am. Ord. 2011-03-374, passed 3-1-11; Am. Ord. 2013-03-415, passed 3-5-13; Am. Ord. 2015-10-547, passed 10-6-15; Am. Ord. 2015-12-561, passed 12-1-15; Am. Ord. 2016-08-594, passed 8-3-16; Am. Ord. 2019-02-829, passed 2-5-19; Am. Ord. 2024-08-1116, passed 8-20-24)
(A) Users will be billed on the same notice as water charges. Bills will be due at the same time and under the same terms as the water bill. Failure to timely pay the sewer bill shall be addressed under the same procedure as past due water bills.
(B) If the user waives the opportunity to be heard, the water and/or wastewater services will be discontinued until such bill is paid.
(Ord. 2006-09-271, passed 9-5-06)
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