28 - Article III Chapter 34 Wastewater Discharge and Disposal Revisions

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allowable limit shall be added in milligrams per liter to the BODS and TSS values used for purposes of surcharge calculation. (c) Unless otherwise specified, samples shall be twenty-four (24) hour composites. When a flow recording device is provided the samples may be flow -weighted; otherwise, a simple composite sample shall be used. (d) The surcharges shall be based on all samples taken in the previous month or the most recent sample available. In no case shall the sampling basis be less than two (2) twenty-four (24) hour composite samples per year if a surcharge is levied or two (2) separate grab samples as appropriate. (e) The city may elect to set a minimum surcharge. Regular sampling may be suspended on those users considered by the supervisor to be consistently below the minimum surcharge. When sampling has been suspended, periodic grab samples may be used to determine if regular sampling should be reinstated. (f) Prior to the end of a surcharge period, the user may elect to have his discharge re -sampled by the city for purposes of increasing the number of samples to be averaged during a particular surcharge period if the user believes and the city agrees that the additional samples will cause the average to better reflect the user's wastewater contribution for a particular surcharge period. If city sampling equipment is unavailable, user must supply the proper equipment at his own expense. The city shall retake one (1) sample for each sample taken in the normal sampling program for a charge equal to the city's expense. Sampling at the request of the user in greater frequency than stated above shall be elective on the part of the supervisor; charges for such sampling may be at a flat rate of three (3) times the city's cost. The user may request, no later than the onset of sampling, a split or duplicate of any sample taken by the city for surcharge calculation or compliance with any portion of this article. Excessive strength rates are established in section 34-23. Sec. 34-87. - Legal action. If any person discharges industrial or other wastes or sewage into the city's wastewater facilities contrary to the provisions of this article, federal or state pretreatment requirements, or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in a court of competent jurisdiction. Such action(s) may include temporary or permanent injunctive relief, as appropriate, which restrains or compels the performance of specific activities by the user. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the user. In addition, the city may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation. Page 28 of 45