(A) 
The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city's pretreatment program, which are found in this section, and subsection 31.01(D), which may include, but are not limited to:
(1) 
Fees for wastewater discharge permits and cost of processing applications for permits;
(2) 
Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
(3) 
Fees for reviewing and responding to accidental discharge procedures and construction;
(4) 
Fees for filing appeals;
(5) 
Recovery of administrative and legal costs associated with enforcement activity taken by the DCO to address industrial user noncompliance.
(6) 
Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the city;
(7) 
Fees for treating abnormal strength wastes; and
(8) 
Fees incurred from an upset, bypass, or unauthorized discharge.
(B) 
Users are required to pay applicable pretreatment charges and costs for:
(1) 
Preparing and submitting baseline monitoring reports and construction plans, revising permit applications, required self-monitoring and reporting, and other reports or information required by the DCO;
(2) 
Installation and operation of pretreatment facilities and other requirements pursuant to this chapter, that are the responsibility of the user;
(3) 
Treating abnormal strength wastes (surcharges);
(4) 
Disconnection and/or reconnection of service resulting from noncompliance;
(5) 
Costs to the city or TRA incurred from an upset, bypass or unauthorized discharge;
(6) 
Recovery of the costs to the city or TRA for filing appeals; and
(7) 
Costs incurred by the city under administrative enforcement remedies in this chapter, including abatement and remediation expenses.
(C) 
Surcharge:
(1) 
The city may surcharge users for the treating of abnormal strength wastes, either as a single user surcharge or as a class surcharge.
(2) 
The DCO shall have the authority to review and approve the discharge of all water or wastes having high strength concentrations of:
(a) 
A five-day biochemical oxygen demand (BOD) greater than two hundred fifty (250) parts per million (mg/L) by weight;
(b) 
Containing more than two hundred fifty (250) mg/L of total suspended solids (TSS); or
(c) 
A chemical oxygen demand (COD) greater than six hundred twenty five (625) mg/L.
(3) 
Where the DCO has approved the admission of high strength BOD, TSS or COD into the POTW as described in Subsection 171.59(C)(2)(a), (b) or (c) above, that discharge may be subject to a surcharge as determined by the DCO. The surcharge may be calculated on BOD and TSS values different from the normal concentrations of two hundred fifty (250) mg/L, or a COD concentration of 2.5 times that of the BOD concentration.
(4) 
In no case shall a discharge be accepted that will prevent the POTW from meeting its NPDES or TPDES limits.
(5) 
At the discretion of the DCO, users may be surcharged either as:
(a) 
Individual facilities (with flow and concentration data from the single user); or
(b) 
Groups of similar facilities or a class of comparable uses with analogous wastewater characteristics (with flow and concentration data averaged from typical users selected by the DCO).
(6) 
In no case shall a discharge of abnormally elevated conventional pollutants (BOD, TSS or COD) be accepted that will prevent the POTW from meeting its limits, damage the POTW, or endanger or harm any person.
(7) 
The surcharge will be billed monthly, in addition to the usual monthly sewer service user fees.
(8) 
The surcharge shall be calculated according to the following formula each month using the most current pollutant concentration data and the current month's wastewater flow:
Surcharge = [Q] [a (BOD - x) + b (TSS - y)] [8.34] [c]
Or, for those abnormal wastes having a COD concentration 2.5 or more times that of the BOD concentration, the surcharge may, at the discretion of the DCO, be based on the COD category in lieu of the BOD category. Thus the surcharge shall be calculated according to the following formula:
Surcharge = [Q] [a (COD - z) + b (TSS - y)] [8.34] [c]
Where:
Q =
wastewater flow in million gallons per month
8.34 =
weight in pounds of one gallon of water (factor for converting mg/L to pounds per million gallons of water)
x =
normal limits of BOD in domestic wastewater expressed in milligrams per liter, above which a surcharge is assessed
y =
normal limits of TSS in domestic wastewater expressed in milligrams per liter, above which a surcharge is assessed
z =
normal limits of COD in domestic wastewater expressed in milligrams per liter, above which a surcharge is assessed
a =
unit cost in dollars, of treatment per pound of BOD or COD
b =
unit cost in dollars, of treatment per pound of TSS
c =
administrative overhead recovery factor in dollars
BOD =
measured amount of BOD, in mg/L
COD =
measured amount of COD, in mg/L
TSS =
measured amount of TSS, in mg/L
and, where the value of BOD, COD and/or TSS concentrations in this calculation will be an average of values determined by testing procedures, as defined in this chapter, on samples collected and/or accepted by the DCO. If the average of these concentrations is less than the value for the respective x, y or z, that term of the equation shall be dropped from the surcharge calculation.
(9) 
The DCO may adjust the administrative recovery factor and the unit treatment costs in the formula to reflect increases or decreases in overhead and wastewater treatment costs.
(10) 
Based on sampling analysis, adjustment in surcharges shall be made to reflect changes in the characteristics of the abnormal strength wastewater. Changes in charges shall continue for at least six billing periods, unless subsequent tests determine that the charge should be further increased.
(11) 
A surcharge is an additional charge by the City for the increased cost of handling discharge of unusual strength and character and shall not serve as a variance to the requirements of this chapter. Exercise of this provision shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ordinance 4229 adopted 9/24/2024)
(A) 
An event that would otherwise be a violation that is caused solely by an act of God, war, strike, riot or other catastrophe is not a violation.
(B) 
In an enforcement proceeding, the user seeking to establish the occurrence of an act of God, war, strike, riot or other catastrophe shall have the burden of proof.
(C) 
In the event that an act of God, war, strike, riot, or other catastrophe have been established, the user shall control production of all discharges to the extent until such time as the reduction, loss, or failure of its treatment facility is restored or an alternative method of treatment is provided.
(Ordinance 4229 adopted 9/24/2024)
(A) 
For the purposes of this section:
(1) 
"Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility.
(2) 
"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(B) 
A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (C) and (D) of this section.
(C) 
Bypass notifications:
(1) 
If a user knows in advance of the need for a bypass, it shall submit prior notice to the DCO, at least ten (10) days before the date of the bypass, if possible.
(2) 
A user shall submit oral notice to the DCO of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The DCO may waive the written report on a case-by-case basis if the oral report has been received within twenty four (24) hours.
(D) 
Bypass:
(1) 
Bypass is prohibited, and the DCO may take an enforcement action against a user for a bypass, unless:
(a) 
The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(b) 
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
(c) 
The user submitted notices as required under subsection (C) of this section.
(2) 
The DCO may approve an anticipated bypass, after considering its adverse effects, if the DCO determines that it will meet the three conditions listed in subsection (D)(1) of this section.
(Ordinance 4229 adopted 9/24/2024)
(A) 
Civil penalties.
(1) 
A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, shall be liable to the city for a maximum civil penalty of $2,000, per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) 
The city may enter into a consent decree agreement with a user, when a user is willing to correct noncompliance while agreeing with the city of the penalty (which may be for previous and future violations). The agreement is a court-supervised settlement.
(3) 
The DCO may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(4) 
In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(5) 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(B) 
Criminal Prosecution.
(1) 
A user who intentionally, knowingly, recklessly, or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $2,000 per violation, per day.
(2) 
A user who intentionally, knowingly, recklessly, or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to the same penalties as set forth in section 10.99 of the general provisions. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) 
A user who makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be subject to the same penalties described in section 10.99 of the general provisions.
(4) 
Any person who negligently, willfully or maliciously causes loss by tampering with or destroying the POTW, a user's treatment facilities, or any sampling and inspection equipment is guilty of a misdemeanor, and upon conviction is punishable as set forth in section 10.99 of the general provisions.
(5) 
In addition to sanctions provided in this chapter, the city is entitled to exercise sanctions provided for by the others of the city for failure to pay the charges for water and sanitary sewer service when due.
(6) 
Criminal responsibility:
A person is criminally responsible for a violation of this chapter if that person intentionally, knowingly, recklessly, or negligently:
(a) 
Commits or assists in the commission of a violation, or causes or permits another person to commit a violation, of this chapter; or
(b) 
Owns or manages the property or facilities determined to be the cause of the illegal discharge under sections 171.04, 171.05, 171.07, 171.14, or 171.16.
(Ordinance 4229 adopted 9/24/2024)