(a) 
The city manager, or any employee of the city charged with the enforcement of this division, while acting for the jurisdiction, shall not be rendered liable personally, and is hereby relieved from all personal liability for any damages accruing to persons or property as a result of any act required or permitted in the discharge of official duties required under this division.
(b) 
The city manager or any employee of the city shall not be liable for costs in any action, suit or proceedings that is instituted in pursuance of the provisions of the division, and the city manager or any employee of the city acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
(Ordinance 6459 adopted 1/21/22)
The city reserves the right to establish, by ordinance, notice, compliance schedule agreement, or other orders, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in section 13.07.760 or the prohibited discharge practices and prohibitions included in section 13.07.780 and section 13.07.781 of this division.
(Ordinance 5523, sec. 2, adopted 11/3/08)
(a) 
The city may adopt reasonable fees for the reimbursement of costs necessary to operate the FOG control program which include, but are not limited to:
(1) 
Fees for issuing wastewater surveys or permit applications including the cost of processing such applications where applicable;
(2) 
Fees for filing variances, exemptions, or requests to self-clean grease traps where allowed in this division;
(3) 
Fees for laboratory analyses, inspections, sampling, or activities performed by the city that are related to discharger noncompliance and:
(A) 
Are not a routine part of the FOG control program;
(B) 
Are the result of noncompliance identified through program activities; or
(C) 
The user fails to perform as required by notice, compliance schedule agreement, or other order issued by the city.
(4) 
Fees to recover costs incurred in cleaning, maintaining and disposing wastes that cause and/or contribute to accumulation or blockages in the POTW or cause and/or contribute to back-ups or sanitary sewer overflows into the MS4;
(5) 
Fees for administrative and technical costs necessary to issue administrative, supplemental, or judicial actions specified in this division or other sections of this article; and
(6) 
Other fees deemed necessary to carry out the requirements contained herein.
(b) 
The city may assess these fees through the user’s utility bill where allowed by ordinance.
(c) 
These fees relate solely to the matters covered by division 3 and division 6 of this article and are separate from all other fees, fines, and penalties chargeable by the city.
(Ordinance 5523, sec. 2, adopted 11/3/08)
(a) 
Any non-domestic user who discharges into the POTW may be assessed an additional surcharge for discharging extra strength wastes that exceed pollutant levels for normal domestic wastewater as established by ordinance.
(b) 
Initiation or continuation of surcharge testing for non-domestic users shall be at the discretion of the city with consideration to the nature or history of the user’s discharge, the impact or potential impact to the POTW, and resources available to the city.
(c) 
These surcharges established in a separate rate ordinance may be billed to the user separately or included as a separate item on the user’s utility bill where allowed by ordinance.
(Ordinance 5523, sec. 2, adopted 11/3/08)