(A) Responsibility and ownership. The consumer shall be responsible for the operation and maintenance of all wastewater service lines and facilities which are located on the subject property and/or which are required to be maintained under any extended service agreement.
(B) Compliance with City specifications. The consumer shall comply with all applicable standard specifications of the City. Specifications are available at the Department of Public Utilities.
(C) Access. By accepting wastewater service, the consumer agrees to allow the Director, upon presentation of proper identification, to enter upon the subject property at all reasonable hours, for the purposes of service inspection and/or to set up devices as are necessary to control, sample, monitor, or measure effluent.
(Ord. No. 2005-18, passed 10-5-05)
(D) Noncompliance.
(1) The Director shall provide written notice of noncompliance to any consumer who fails to adhere to the standard discharge limitations under § 10.16.026. Notice may be hand-delivered and/or posted at the subject property and/or mailed via first class mail, postage prepaid, to the consumer at their address of record with the Department of Public Utilities. This notice shall identify the standard discharge limitation that is out of compliance and the extent of noncompliance; notify the consumer of their obligation to provide an external sampling point and begin routine laboratory analysis; inform the consumer that pretreatment equipment may be necessary; and identify a time period by which the noncompliance shall be remediated so that discharge will (again) meet the standard discharge limitations required by the City. The consumer shall assume all costs necessary for the consumer to remediate their noncompliance and to ensure future compliance with City standards.
(2) External sampling point. As part of remediation, the consumer shall provide a secure external sampling point accessible to the City for sampling during any hour. This sampling point shall be installed on the consumer's wastewater service line and shall be large enough to accommodate automatic sampling equipment in use by the City.
(3) Laboratory analysis. Laboratory analysis of discharges from the consumer's wastewater service line will be required for the consumer to demonstrate compliance with standard discharge limitations after a period of noncompliance. Because the consumer's discharge to the City's wastewater system may adversely affect the City's ability to comply with the conditions of its NPDES permit or with other federal or state standards, the City shall set the laboratory analysis parameters, the frequency of continued testing, and the reporting requirements which the consumer must meet to remediate the violation and to prove continued future compliance. The City shall set these parameters by balancing the needs of all users of the wastewater system with the requirements of tis permits and ordinances and with state and federal law.
(4) Pretreatment equipment. The consumer may find it necessary to install new or additional pretreatment equipment in order to remediate their failure to adhere to the standard discharge limitations of § 10.16.026. Due to the potential of adverse affects of any such equipment and treatment process upon the City's WWTP and its wastewater service and main lines, the consumer must obtain advance approval from the Director of the use of any such equipment and of the time and manner of proposed installation by the consumer prior to its installation.
(5) Remediation period. The Director shall provide a remediation period of up to six (6) months from the date of the written notice of noncompliance in order to allow the consumer to alleviate its noncompliance with § 10.16.026. The remediation period shall depend upon the extent of noncompliance and the extent and nature of the adverse effects to the City's WWTP processes, equipment and permit requirements, and the adverse effects to the environment of continued noncompliance. The more severe of an effect, the less time the Director may allow to the consumer to remediate the noncompliance. The Director may impose different remediation schedules for different areas of noncompliance with the standard limitations but may not provide for a remediation period in excess of six (6) months for any violation from the date of notice of violation.
(6) Extension of remediation period. If the consumer fails to comply with standard discharge limitations within the remediation period, the City may discontinue service to the consumer under § 10.04.050(C) unless the consumer files a written request for an extension of the remediation period with the City Manager prior to the expiration of the remediation period. The consumer's request for extension shall state the basis of the request, why remediation could not be earlier accomplished and shall identify the specific extension requested. A copy of the request shall also be filed by the consumer with the Director. Prior to the Manager's review, the Director shall provide the City Manager and the consumer with information about any Industrial Pretreatment Program (§ 10.16.026(F)) which may be required in the event of an extension of the remediation period, with the projected costs of that program, and with any other information relevant to the matter. Any response to the Director's submission to the City Manager and/or any request for a hearing before the City Manager shall be made in writing to the City Manager (with a copy to the Director) by the consumer within seven (7) days. The Manager may grant or deny an extension request in whole or in part, and may require as a condition of any extension of the remediation period that the consumer pay additional costs to the City by reason of the extension and make deposit or otherwise secure payment for those projected excess costs. The City shall provide continued service during this review unless the Director concludes that continuing to provide service creates an imminent threat to the City's ability to comply with state water quality standards, to the City's ability to comply with the requirements of its NPDES permit, and/or to human health or safety.
(E) If the consumer fails to comply with the service conditions and requirements of this Chapter 10.16, the City may refuse to provide service to the consumer or may discontinue service under § 10.04.050(C).
(Ord. No. 2005-18, passed 10-5-05; Am. Ord. 2006-14, passed 12-29-06)