It is a purpose of this chapter to provide for the recovery from users of the POTW of all costs incurred by the Director for the administration and implementation by the Director of the Industrial Pretreatment Program (IPP) established by this chapter. The IPP fees provided for by this article are separate from, and in addition to, amounts chargeable to users for sewage disposal services by the City and/or the POTW, and costs required to be reimbursed to the City and/or the POTW under any other provisions of this chapter or other laws and regulations.
IPP fees payable by users shall be established by the City, and shall be subject to amendment or revision by the City from time to time. Such fees shall be sufficient to meet the costs to administer and implement the City's IPP and any associated regulations and written procedures as provided by this chapter and authorized by applicable law. IPP fees may include, but shall not be limited to, any of the following:
A.
Fees to reimburse the POTW for the costs of development and operation of an industrial pretreatment program, and fees to reimburse the POTW for monitoring, inspections and surveillance procedures, including expenses incurred for analysis of samples.
B.
Fees for reviewing discharge reports, and for related enforcement procedures.
C.
Fees associated with permit applications, permit renewals, and permit transfers.
D.
Fees for reviewing accidental discharge procedures and construction.
E.
Fees for appeals filed under this chapter.
F.
Such other charges or fees that the City deems necessary or required to fully perform the provisions of applicable federal and state laws or regulations, this chapter, and other City laws or regulations.
A.
IPP fees shall be paid by users to the POTW in amounts determined necessary by the Director from time to time to reimburse the POTW for all costs and expenses incurred by the Director in administering the IPP. To the extent practical, the fees shall be set in an amount to include at least the POTW's average total costs for that purpose. With regard to IPP activities undertaken by the Director with regard to particular users, the fees shall be charged to the users on a time-and-materials basis, including, but not limited to, the full value of any City staff time (including any administrative and overhead costs and any required overtime), consultant and engineering fees, testing fees, and actual attorney fees and defense costs, plus general administrative expenses, based on the nature and requirements of the IPP activities undertaken for each user.
B.
If the POTW determines that it is necessary to evaluate the ability or capacity of the POTW to accept any current or proposed discharge by means, including, but not limited to, a headworks analysis or treatability study, all such evaluation and analysis or other required work shall be at the sole cost of the user. Such costs shall be paid in full by the user according to the timetable and subject to any terms or conditions established by the Director and shall be paid whether or not the discharge (or any part thereof) is ultimately approved. The Director may require the user to post a deposit or other form of surety, as determined sufficient and appropriate by the Director, to ensure payment by the user of all such costs.
A.
Surcharges are intended to reimburse the POTW for all costs incurred by the Director 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 thresholds 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 POTW, where the exceedance of applicable limits causes or contributes to those costs or expenses.
C.
The City may establish surcharge thresholds and surcharge rates for BOD, COD and TSS and any other pollutant parameter for which a surcharge is determined appropriate by the Director. These surcharge thresholds and rates shall be reviewed, calculated and 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.
User permit application fees shall be due upon submission of permit applications. Except as otherwise required by the Director, all other IPP fees shall be due within 30 days of the date of the activity or service for which the fee is required. For fees not paid at the time of service, the amount of the fee shall be added to the user's sewage disposal service charges or billed separately. IPP fees provided for by this article, including, but not limited to, surcharges, shall be billed, collected and enforced pursuant to the procedures as provided by the City for sewer service charges, rates, and fees as provided Article 23 of Chapter 28 of the City Code of Ordinances and other applicable City laws or regulations.