Biosolid does not include ash generated during the firing of biosolid in a biosolid incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.

(a)   Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

(b)   Therefore is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

(a)   Except as provided in subsection (b), means the following:

(a)   Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to create a fire or explosion hazard in the POTW, including, but not limited to waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21. In addition, at no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the substance measured. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.

(b)   Solid, viscous or other substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch (1/2") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.

(c)   Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that may cause interference or pass through.

(d)   Any wastewater having a pH greater than 10.0 more than 1% of the time each month or for a period exceeding 30 minutes; or wastewater having any corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW; or, in no case, any discharges with pH lower than 5.0. POTW may require continuous documentation of compliance through pH strip chart recordings.

(e)   Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to cause Interference with POTW, injure or constitute a hazard to human or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in the applicable Pretreatment Standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.

(f)   Any substance which would either singly or by interaction with other wastes result in the presence of noxious, or malodorous gases, vapors, or fumes within the POTW in a quantity sufficient to create a public nuisance or hazard to life or to prevent entry into the sewers for maintenance, repairs, inspections, or monitoring.

(g)   Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, biosolids, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the POTW cause the POTW to be in non-compliance with biosolids use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting biosolids use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or State criteria applicable to the biosolids management method being used.

(h)   Any substance, which may cause the POTW to violate its NPDES Permit.

(i)   Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(j)   Any wastewater having a temperature which will inhibit biological activity in the POTW Treatment Plant resulting in Interference, but in no case wastewater causing the temperature at the introduction into the POTW treatment plant to exceed 40°C (104°F).

(k)   Any pollutant, including oxygen-demanding pollutant (BOD, etc.) released at a flow rate and/or pollutant concentration, which will, either singly or by interaction with other pollutants, cause Interference with POTW. In no, case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration, quantities or flow during normal operation.

(l)   Any wastewater containing any radioactive wastes or isotopes of such halflife or concentration as may exceed limits established by the Board in compliance with applicable State or Federal regulations.

(m)   Any wastewater, which, either alone or by interaction with other substances, causes a hazard to human life or creates a public nuisance, or is deleterious to the POTW.

(n)   Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized by the Superintendent.

(o)   Sludges, screenings, or other residues from the pretreatment of industrial wastes.

(p)   Medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit.

(q)   Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.

(r)   Detergents, surface-active agents, or other substances, which may cause excessive foaming in the POTW.

50.022 National Categorical Pretreatment Standards.

Upon the promulgation of National Categorical Pretreatment Standards for a particular industrial subcategory, the National Pretreatment Standard, if more stringent than limitations imposed under this Ordinance for sources in that category, shall immediately supersede the limitations imposed under this Ordinance. Therefore, the National Categorical Pretreatment Standards located in 40 CFR, Chapter I, Subchapter N, Parts 405-471, are hereby incorporated into this Ordinance.

50.023 Modification of National Categorical Pretreatment Standards.

Where the City's wastewater treatment system achieves consistent removal of pollutants limited by National Categorical Pretreatment Standards, the City may apply to the Approval Authority for modification of specific limits in the National Pretreatment Standards. “Consistent Removal” shall mean the average reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent as shown by the lowest 50% of the samples taken according to the procedures set forth in Section 403.7(c)(2) of 40 CFR 403 - "General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. The City may then modify pollutant discharge limits in the Federal Categorical Pretreatment Standards if the requirements contained in 40 CFR, Part 403, Section 403.7, are fulfilled and prior approval from the Approval Authority is obtained.

50.024 Specific Pollutant Limitations.

No person shall discharge wastewater containing in excess of:

Constituent    Maximum Daily    Average Monthly Discharge          Monthly Discharge

       (milligrams per liter)  

(milligrams/liter)

Lead        1.1        1.1

50.025 State Requirements.

State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this Ordinance.

50.026 City's Right of Revision.

The City reserves the right to establish, by ordinance or permit, more stringent limitations or requirements on discharges to the municipal wastewater system if deemed necessary to comply with the objectives of this Ordinance.

50.027 Dilution Prohibition.

No User shall ever increase the use of process water or, in any other way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a Pretreatment Requirement or Standard.

50.028 Admissibility - Prohibition of Unpolluted Waters.

Unpolluted water, including, but not limited to, City water, noncontact cooling water, or blowdown shall not be discharged through direct or indirect connection to the municipal wastewater system for purposes of diluting wastewater in order to reduce sewer rates or charges of the user.

50.029 Grease, Oil and Sand Interceptors.

Such interceptors shall be provided at (a) all restaurants, and at (b) all industrial or commercial enterprises when, in the opinion of the City, they are necessary to contain grease, flammable wastes or sand and other harmful inert materials. All interceptors shall be approved by the City and shall be readily and easily accessible for cleaning and inspection.

50.030 Right to Reject Waste.

The City shall have the right to reject waste and prohibit the introduction of rejected waste into the municipal wastewater system, or the City may require pretreatment of the waste when the strength or character of the waste is such that it could cause damage to or interfere with the operation of the municipal wastewater system.

50.031 Spills and Slug Discharges.

(a)   Any user with potential spill or slug discharges shall provide protection from spills or slugs discharges, which may cause Pass Through or Interference. Any User with spill or slug discharge potential shall develop slug discharge prevention/control plans which meet the approval of the City and implement the approved plan. Facilities necessary to implement these plans shall be provided and maintained at the User's expense. Such plans shall contain, at a minimum, the following elements:

(i)  Description of discharge practices, including nonroutine batch discharges;

(ii)  Description of stored chemicals;

(iii)  Procedures for immediately notifying the POTW of spills or slug discharges, including any discharge that would violate a prohibition under Article III, with procedures for follow-up written notification within five days;

(iv)  If necessary, procedures to prevent adverse impact from slug discharges or spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency responses.

Such plans shall be revised and updated whenever plant operational changes affect the validity of the plans, but in any case not less often than every three (3) years. Failure to comply with this requirement may result in legal remedies as defined in Section 5.5. Any significant plan revisions including revisions involving construction/installation of new facilities, shall be approved by the City prior to implementation of such revisions.

The City's review and approval of such plans (including any facilities and/or operating procedures) shall not relieve the User from the responsibility to modify such plans as necessary to maintain compliance with applicable federal, state, and local regulations. In addition, City's approval of such plans shall not relieve the User from complying with all other laws and regulations governing the use, storage, and transportation of hazardous substances.

No prospective User that would have slug discharge or spill potential may commence discharge to the POTW unless slug discharge prevention/control plans have been approved by the City.

(b)   Notice to Employees: A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees whom to call in the event of a hazardous waste discharge. Employer’s or User’s shall insure that all employees who may cause or suffer such a hazardous waste discharge to occur are advised of the emergency notification procedure.

50.032 Industrial Pretreatment Bypasses: [refer also to 4.4.5]

(a)   Any industrial pretreatment bypass is allowable which does not cause a violation of this ordinance, but only if such bypass is to allow for essential maintenance to assure efficient operation.

(b)   Any industrial pretreatment bypass is prohibited which does not meet the conditions specified in (a)(1) above is prohibited unless approved in advance by the City. The City may consider approving an industrial pretreatment bypass if all of the following conditions are met:

(i)  Such bypass would be unavoidable to prevent loss of life, personal injury or severe property damage. As used here, “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 such a bypass. As used here, severe property damage does not mean economic loss caused by delays in production.

(ii)  There would be 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 such a bypass from occurring during normal periods of equipment downtime or preventative maintenance.

(iii)  The industrial discharge complied with notification requirements as specified in section 4.3.5.

50.033 Compliance Schedules.

Any User which is not in compliance with the City's ordinance limitations and/or requirements must develop a compliance schedule of corrective measures to be taken in order to return to compliance. This schedule shall be submitted to the City for review and approval. If an approvable schedule is not submitted by the User, the City may develop and enforce a schedule for the User. For compliance schedule reporting requirements refer to 3.17.3. This schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional facilities required for the discharger to comply with this ordinance, including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this ordinance.

50.034 Duty to Comply.

All Users shall comply with all applicable State and federal pretreatment regulations.

50.035 Duty to Mitigate - Prevention of Adverse Impact.

All Users shall take all reasonable steps to minimize or prevent any adverse impact of any discharge in violation of this ordinance, which has a reasonable likelihood of adversely affecting human health, the POTW, the waters receiving the POTW's discharge, or the environment.

50.050 Hazardous Waste Notification.

(a)   Any Industrial User, except as specified in subpart (e) below, which discharges to the POTW any substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR part 261, shall notify the POTW in writing of such discharge.

(b)   All hazardous waste notifications shall include:

(c)   In addition to the information submitted in section 3.17.1(b), Industrial Users discharging more than 100 kg of hazardous waste per calendar month to the POTW shall maintain to the extent such information is known and readily available to the Industrial User;

(d)   Industrial Users commencing the discharge of listed or characteristic hazardous wastes shall, in addition to complying with 3.17.3, provide the notification no later than 180 days from the discharge of the wastes. Any notification under this provision need be submitted only once for each hazardous waste discharged, although notifications of changed discharges must be submitted under section 3.17.3 of this Ordinance.

(e)   Industrial Users are exempt from the hazardous waste notification requirement during a calendar month in which they discharge 15 kg or less of non-acute hazardous wastes. Discharge of any quantity of acute hazardous waste as specified in 40 CFR 261.30 (d) and 261.33 (e) requires a one-time notification.

50.051 Notification of Changed Discharge.  

All Industrial Users shall notify the POTW within 48 hours in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the Industrial User has submitted initial notification as required in Section 3.17.1 of this Ordinance.

50.052 Periodic Compliance Reports.  

All Users subject to compliance schedules (see Section 3.14 of this Ordinance) must submit a progress report to the City no later than fourteen (14) days following each date in the compliance schedule. This report must include whether it complied with the increment of progress to be met on that date, the reason for delay if the date was not met, and the steps being taken to return to compliance. In no event, can more than nine (9) months elapse between progress reports.

50.053 Signatory Requirements.  

All reports required by the City shall be signed and certified by an Authorized Representative of the discharger. See requirements of Section 4.4.4.

50.054 Reports of Spills, Slug Discharges and Operation Upsets.

The User shall immediately, telephone and notify the Superintendent of any spill, slug discharge, or operation upset. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

Written Notice. Within five (5) days following such an incident the User shall submit to the Superintendent a detailed written report under oath and signed by the User describing the cause of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the User of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. Following such incident, the User may be required by the City to appear before the Board and provide a full explanation of the discharge and of steps being taken to prevent its recurrence.

50.055 Noncompliance. Any User shall notify the City immediately after becoming aware of any discharge of such User which constitutes a violation of this Ordinance.

50.056 Discharger's Request for Interpretation.

In an effort to assure fuller understanding of and compliance with the goals and objectives of this Ordinance, it shall be the privilege of any interested party to request, in writing an interpretation or ruling by the Superintendent on any matter covered by this municipal ordinance.

50.065 Prohibition of New Combined Sewer Construction. The construction of new combined sewers is hereby prohibited.

50.066 New Construction Tributary to Existing Combined Sewer. New construction tributary to the combined sewer shall be designed to minimize inflow and infiltration contribution to the existing combined sewer. For any new construction see Section 3.19.1.

50.075 Applicability.  

This Article shall apply only to users that are subject to Industrial Pretreatment Program requirements.

50.076 Wastewater Dischargers.

It shall be unlawful to discharge without an NPDES permit to any natural outlet, including groundwater, within the City of Auburn. It shall also be unlawful to direct discharge without notification to the City in any area within the corporate limits of the City. It shall also be unlawful to discharge to the POTW any wastewater except as authorized by the Superintendent in accordance with the provisions of this Ordinance.

50.077 Wastewater Discharge Permits.

50.078 General.

All Significant Industrial Users proposing to connect to or to  contribute to the POTW shall obtain a Wastewater Discharge Permit before connecting to or contributing to the POTW, and shall apply for such permit at least 90 days prior to the proposed discharge to the POTW.

50.079 Permit Application.

Users required to obtain a Wastewater Discharge Permit shall complete and file with the City of Auburn Wastewater Treatment Utility, an application in the form prescribed by the Board, and accompanied by a fee as follows:

   Permit Fee

   Initial Significant Industrial User Permit $500.00

   Renewal Significant Industrial User Permit   $250.00

In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

 - average

- peak

 - future

The following conditions shall apply to this schedule:

50.080 Permit Modifications.  

The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified in Article III are modified or other just cause exists. The User shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Within 9 months of the promulgation of a National Categorical Pretreatment Standard, the Wastewater Discharge Permit of Users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a User, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a Wastewater Discharge Permit as required by 4.3.2., the User shall apply for a Wastewater Discharge Permit within 180 days after the promulgation of the Applicable Federal Categorical Pretreatment Standard. In addition, the User with an existing Wastewater Discharge Permit shall submit to the Superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by Section 4.3.2.

50.081 Permit Conditions.

Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other applicable regulations, user charges and fees established by the City. Permits may contain the following:

50.082 Permits Duration.  

Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The User shall apply for permit reissuance a minimum of 90 days prior to the expiration of the User's existing permit.

50.083 Continuation of Expired Permit.

An expired permit will continue to be effective and enforceable until the permit is reissued if:

(a)   The permittee has submitted a complete permit application at least 90 days prior to the expiration date of the user’s existing permit.

(b)   The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the permittee.

50.084 Permit Transfer.  

Wastewater Discharge Permits are issued to a specific User for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new User, different premises, or a new or changed operation without the approval of the City. Any succeeding owner or User shall also comply with the terms and conditions of the existing permit. The City must receive notice of all transfers within 5 business days of said transfer.

50.085 Records Retention.  

All information, records, reports, books, etc., required pursuant to Industrial Wastewater Discharge Permit whether prepared by or on behalf of the discharger, shall be retained and preserved by such discharger for a minimum period of three (3) years from the time of their creation. All records which pertain to matters which are the subject of any enforcement or litigation shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitations with respect to any and all appeals have expired. This period of retention shall also be extended when requested by the EPA, Indiana Department of Environmental Management, or the City. All documentation associated herewith shall be subject to Best Management Practices.

50.086 Reporting Requirements for Permittee. (in addition to those specified in 3.17)

50.087 Self-Monitoring Reports.

This requirement calls for the submission of all notices and self-monitoring reports from Significant Industrial Users that are necessary to assess and assure compliance by Significant Industrial Users with applicable pretreatment standards and requirements. These reports will normally be required on a monthly basis and must be certified and signed as required in 4.4.4.

If an Industrial User subject to reporting requirements monitors any pollutant more frequently than required by Control Authority, using procedures established by 40 CFR 136, the results of this monitoring shall be included in the report.

50.088 Baseline Monitoring Report. Within one hundred eighty (180) days after the effective date of a Categorical Pretreatment Standard, existing industrial Users subject to such Categorical Pretreatment Standards and currently discharging to or scheduled to discharge to a POTW will be required to submit to the City a report containing the information listed in paragraphs (b) (1) through (7) of 40 CFR 403.12, as follows:

Baseline Monitoring Report must be signed and certified as required in 4.4.4. Upon promulgation of a Categorical Pretreatment Standard the City will provide the appropriate form for distribution to the Industrial Users who are affected by the promulgated standard. The Industrial Users are then required to submit the completed report to the City.

50.089 90-Day Compliance Reports.

Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source subject to such pretreatment standards and requirements the Industrial User shall submit to the Superintendent a report containing the information described in 4.4.2 (a)-(g) of this Ordinance. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the User's long-term production rate. For all other Users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the User's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with 4.3.4 of this Ordinance.

50.090 Signatory Requirements and Certification.

Self-Monitoring Reports, Baseline Monitoring Reports, Periodic Compliance Reports, and 90 day Compliance reports must be properly signed and submitted with a certification statement, as follows:

(a)  Certification Statement.

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge, and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

 (b)  Signatory Requirements.

(AA)  The authorization is made in writing by the individual described in paragraph (i) or (ii).

(BB)  The authorization specifies either the individual or a position having responsibility for the overall operation of the facility from which the Industrial Discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

(CC)  The written authorization is submitted to the Control Authority.

(v)  If an authorization under paragraph (b)(iii) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to the Control Authority prior to or together with any reports to be signed by an authorized representative.

50.091 Reports of Industrial Pretreatment Bypasses.

If an Industrial User knows in advance of the need for an industrial pretreatment bypass, it shall submit prior notification to the City, if possible, at least ten days before the date of such bypass.

An Industrial User shall notify the City of an unanticipated industrial pretreatment bypass that causes a violation of this ordinance. The notification shall include the following:

(iii)  The City may waive the written report if the oral notice has been received as specified above.

50.092 Monitoring Facilities.

Any Significant Industrial User (SIU) who, on the effective date of these regulations, is discharging industrial waste to the POTW shall provide the City independent access means and facilities for the purpose of observation, measurement and sampling of such industrial waste. If such access means and facilities are not otherwise available, the SIU shall construct and maintain a control manhole at the SIU's expense. The City shall have full access at all times to the SIU's monitoring facility or facilities to conduct tests on quality and quantity of effluent. The volume or quantity of industrial waste discharged by any SIU into the POTW may be measured by one or more of the following methods:

requirements from the City, the SIU shall install and maintain a meter or meters on the waste line or lines from its industrial and/or process operations or shall install such additional meters on the private water supply as required to permit a determination of the total amount of discharge to the sewers from all sources under procedures comparable to Subsections (a) and (b) above.

50.094 Location of Monitoring Facilities.

The City may require to be provided and operated at the User's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the User's premises, but the City may, when such a location would be impractical for purposes of providing for independent and unscheduled monitoring activities or cause undue hardship on the User, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications, and such sampling and monitoring facilities shall be constructed and maintained in such a manner so as to enable City personnel to perform independent and unscheduled monitoring activities.

50.095 Inspection and Sampling.

The City shall inspect the facilities of any User to ascertain whether the purposes of this Ordinance are being met and all requirements are being met. Owners or occupants of premises where wastewater is created or discharged shall allow the City or the City's representative ready access at all times of operation to all parts of the premises for the purposes of inspection, sampling, records examination and copying, or in the performance of any of their duties. The City, Approval Authority, and EPA shall have the right to set up on the User's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a User has security measures in force, which would require proper identification and clearance before entry into their premises, the User shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, Approval Authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Unreasonable delays in allowing the Superintendent access to the user's premises shall be a violation of this ordinance.

50.096 Search Warrants.

If the Superintendent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Superintendent may seek issuance of a search warrant from the DeKalb Circuit or Superior Court.

50.097 Sample Analyses.

All analyses, including sampling results submitted in support of any application reports, evidence or required by any permit or order shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures approved by EPA.

50.098 Pretreatment.

Significant Industrial Users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. A New Source Significant Industrial User must install and have in operating condition, and shall "start up" all pollution control equipment required to meet applicable Pretreatment Standards before beginning to discharge. Such New Source must meet all applicable Pretreatment standards and requirements in the shortest time, not to exceed 90 days after the start of discharge. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the User's expense.

50.099 Design Plans.

50.105 Applicability. 

The Article shall apply only to Users that are subject to Industrial Pretreatment Program requirements.

50.106 Suspension of Service.

The City, by and through its Board of Public Works or the Superintendent, may suspend the wastewater treatment service and/or a Wastewater Discharge Permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the City to violate any condition of its NPDES Permit.

Any person notified of a suspension of the wastewater treatment service and/or the Wastewater Discharge Permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order or if otherwise deemed necessary by the City, the City shall take such steps as the City deems necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The City shall reinstate the Wastewater Discharge Permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within 15 days of the date of occurrence.

50.107 Revocation of Permit.

Any User, who violates the following conditions of this Ordinance, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures set forth herein.

50.108 Notification of Violation.

Whenever the City finds that any User has violated or is violating this Ordinance, wastewater discharge permit, or any prohibition, limitation or requirements contained herein, the City may serve upon such person a written notice stating the nature of the violation and requiring submission by the User to the City within a specified time a written response including corrective measures taken and/or planned to prevent recurrence of the violation.

50.109 Show Cause Hearing.

(a)   The City may order any User who violates a condition of this Ordinance or their permit to show cause before the Board why a proposed enforcement action should not be taken. A notice shall be served on the User specifying the time and place of a hearing to be held by the Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the User to show cause before the Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 (ten) days before the hearing. Service may be made on any agent or officer of a corporation.

(b)   The Board may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the City Legal Department to:

(c)   At any hearing held pursuant to this Ordinance, testimony must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

(d)   After the Board has reviewed the evidence, it may issue an order to the User responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless the User has returned to compliance of this Ordinance, their permit, and/or orders and directives issued by the City. Further orders and directives as are necessary and appropriate may be issued.

50.110 Legal Action.

(a)   Industrial User shall be liable for any and all damages, losses and expenses sustained by the POTW as a result of noncompliance by Industrial User. The City Attorney may commence an action for appropriate legal and/or equitable relief in the appropriate Court of this county to obtain remedies for noncompliance by Industrial User with any Pretreatment Standard or Requirement.

(b)   When the Superintendent finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may petition the DeKalb Circuit or Superior Courts, through the City Attorney, for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the user. The Superintendent may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against or a prerequisite for, taking any other action against a user.

50.111 Publication of Violations.

The City shall at least annually publish in the newspaper of general circulation having the largest circulation within the city a list of the Users, which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment requirements. A User is in significant noncompliance if its violation meets one or more of the following criteria:

(b)  Technical Review Criteria (TRC) violations defined as those in which thirty-three percent or more of all the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the numeric pretreatment standard multiplied by the applicable factor (factor = 1.4 for BOD, TSS, fat, oil, and grease; and 1.2 for all other pollutants, except pH);

(h)   Any other violations, which may include a violation of Best Management Practices, which the City determines will adversely affect the operation or implementation of the local pretreatment program.

50.115 Applicability.

This Article shall apply only to Users that are subject to Industrial Pretreatment Program Requirements.

50.116 Administrative/Civil Penalties.

Any User who is found to have violated an Order of the Board or failed to comply with any provision of this Ordinance, and the orders, rules, regulations and permits issued hereunder, may be fined not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Ordinance or the orders, rules, regulations, and permits issued hereunder.

50.117 Falsifying Information.

Any person who makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance, or Wastewater Discharge Permit, or who falsifies, tampers with, or renders inaccurate any monitoring device or method required under this Ordinance, shall, upon judgment, be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00) for each violation.

50.125 Privies, Septic Tanks, Cesspools, etc.

A person shall not construct or maintain a privy, septic tank, cesspool, dry well other facility intended or used for the disposal of wastewater; except that existing septic tank systems and absorption fields may be repaired and maintained in accord with applicable laws and ordinances.

50.126 When Connection to the Municipal Wastewater System is Required.

Any person constructing a new house or other building for occupancy, employment, recreation, industrial or commercial activity within the City and abutting on any street, alley or easement in which there is now located a public sanitary or combined sewer, or along or across which there is access to such a sewer, must connect to such sewer in accordance with applicable ordinances and regulations, and shall not discharge wastewater elsewhere than into the sewage system.

50.127 Construction of Building Sewers.

The size, shape, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing the pipe, jointing, testing and backfilling the trench shall conform to the requirements of the building and plumbing codes and other applicable rules and regulations of the City.

50.128. Separate Sewer Requirements.

A separate and independent building sewer shall be provided for every building except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. In such cases, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

50.129 Use of Old Building Sewer for a New Building.

Old building sewers may be used in connection with new buildings only when they are determined, upon examination and test by the representative of City Engineer, to meet all requirements of this Ordinance.

50.130 Elevation and Location of Building Sewer.

Whenever reasonably possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the appropriate public sewer, wastewater carried by such building drain shall be lifted by an appropriate means and discharged to the building sewer.

50.131 Connection of Downspouts, Drains, etc.

No person shall hereafter connect any new roof downspouts, footing drains, areaway drains, driveways, parking lots, or other sources of surface, runoff or groundwater, or single pass non-contact cooling water to a building sewer or building drain which is in turn connected directly or indirectly to the municipal wastewater system. Further, the Board reserves the right to require present users to disconnect, at user's expense, existing sources of such inflow where such disconnection is technically and economically feasible.

50.132 Inspection, Supervision of Connection.

The applicant for the building sewer permit shall notify the Superintendent of the Water Pollution Control Department or his designated representative when a building sewer is ready for inspection and connection to the municipal wastewater system. The connection shall be made under the observation of the representative of Superintendent of the Water Pollution Control Department using materials and techniques conforming to the requirements of the Board. The applicant shall give notice before the burial or covering of the building sewer and shall not cover or bury the sewer until the inspection is completed and the connection approved. A fee for the inspection shall be paid to the Department of Building, Planning and Development at the time of the application for the inspection, in accordance with the fee schedule in Section 10.12.1.

50.133 Right to Prohibit New Connections.

The City shall have the right to prohibit new connections when the capacity of the municipal wastewater system is deemed insufficient by the Board to accommodate the expected flow, BOD and/or suspended solids loading from the prospective sewer user.

50.144 Extensions Outside City Limits.

If a location is outside the City corporate limits but within four (4) miles of such limits and within the facility planning area of the City's POTW, then the City may extend wastewater service to any such location, providing for payment of capital cost expenditures of any such extension through the applicable Barrett Law procedures, contract with the property owners or by contract with those directly benefited by such extension. Any such contract for extension of services shall be entered into between the City by its Board of Public Works and the property owner upon such terms and conditions as may be deemed necessary by such Board, and shall include an agreement by the property owner to waive any and all right to challenge any future attempted annexation of the subject property by the City, and shall provide for the payment of sewer user, connection, and inspection fees in accordance with Article X.

50.145 Registration of Wells.

Every owner or occupant of real estate within the corporate limits of the City of Auburn, or real estate from which there is a building sewer or other means or path of direct or indirect flow into the municipal wastewater system, shall, on a form provided by the Board, report the existence of any well on the real estate to the City Engineer. The information furnished on such form by the owner or occupant shall include, among other items, the name of the owner and occupant of such real estate, the location on said real estate of such well, the size of the well pipe, the size (voltage, amperage and horsepower) of the well pump motor, and the purpose for which the well water is used by the owner, occupant or others.

50.146 Metering of Well Water.

The Board shall determine by any reasonable means, including, but not limited to, the use of water meters and timing devices, the flow of such well in order to determine the amount of wastewater entering the sewage system. The owner or occupant of such real estate shall pay for such metering device, which shall be of a type approved by the Board, and which shall remain the property of the owner but shall be under the exclusive control of the Board and shall not under any circumstances be tampered with by the owner, occupant or any other person. It shall further be a violation of this Ordinance for any person to tamper with or modify any pump on any such well so as to render inaccurate the meter on such well. In the case of wells for household use only, the Board may, in lieu of metering or timing the use of the well, provide for use of reasonable estimates regarding water volume.

50.147 Inspection of Wells.

The Board may direct the Superintendent, inspector or any other employee to enter upon private property for the purpose of inspecting to determine the existence of private wells, to oversee or to direct the installation of metering or timing devices, and to read such meters and devices.

50.148 Well Digging.

A person shall not hereafter dig or drive a well within the City limits without first making application therefor to the Department of Building, Planning and Development in the form and manner prescribed in the Auburn City Code Section 53.081 as from time to time amended. The failure to file such application shall be a violation of this Ordinance.

50.160 Applicability. 

This Article shall apply only to Users that are subject to Industrial Pretreatment Program requirements.

50.161 Surveillance of Significant Industrial Users.

To establish a feasible Surveillance schedule, the following self-monitoring estimated frequencies are established:

(a)  City Monitoring:

(b)  Self-monitoring:

Industry Flow        Monitoring Frequency

(average gallons per day)

0 - 25,000        Once every twelve months

25,001 - 50,000      Once every three months

50,001 – 100,000      Once a month  

greater than 100,000    Two times a month at least 15 days apart

The City may conduct, for the Significant Industrial Users, some or all of the required User monitoring. The City may require more frequent monitoring based on potential degree of impact on the POTW, variability in types or amounts of pollutants discharged, or concentration or loading of conventional pollutants, or to ascertain continued compliance.

50.162 Surveillance Survey Charge.

The charge for each surveillance survey shall be based on the cost of sample collection, analysis and reporting as well as site inspection and records evaluation costs.

The Board is hereby empowered to review on an annual basis the actual costs versus charges for surveillance and to adjust charges accordingly to achieve cost reimbursement.

50.163 Monitoring of Significant Industrial Users.

A Significant Industrial User shall install at its own expense monitoring facilities as required hereinabove in Section 4.5, unless said Significant Industrial User can demonstrate to the Board that compliance with this requirement would cause undue hardship. In such cases, the Board shall provide for alternate monitoring procedures in the Significant Industrial User's wastewater discharge permit. The City shall have the right of full access to said monitoring station at all times to conduct tests on quantity and quality of effluent.

The City may provide metering and/or monitoring equipment during a surveillance period for control manholes or their access means supplemental to those provided by the User.

Required monitoring equipment may, if the Board determines it to be necessary, include a device for continuously automatically measuring and recording flow and a device for automatically taking discrete hourly and composite samples of wastewater during each twenty-four hour period. In the event of continuing violation of discharge limits in the permit of a Significant Industrial User, the City may also, in addition, require monitoring equipment which shall include a real time analytical device, suitable for the nature of the wastewater being monitored, to provide instantaneous indications of a potential discharge incident which may cause maximum limitations of the Significant Industrial User wastewater discharge permit to be exceeded.

All analyses shall be performed according to Section 4.6.2 of this Ordinance.

The City may monitor and analyze the waste stream of any Significant Industrial User on a daily basis when just cause exists. If at any time the rate of wastewater discharge or concentration or quantity of a constituent or characteristic exceeds the maximum limits established in the permit, the Superintendent shall be notified as required in Section 4.3.4 (i) and (j).

50.164 Limitations on Point of Discharge.

No person shall discharge any substance directly into a manhole or other opening in the municipal wastewater system other than through the approved building (or house connection) sewer, except in accordance with the terms of this Ordinance or by express permission of the Board.

50.165 Licensed Commercial or Industrial Waste Hauling.

A person who is a licensed commercial or industrial waste hauler may discharge compatible pollutants and those incompatible pollutants within the limits of admissibility set out in Article III to the wastewater treatment plant at a time and place and in such amounts as permitted by the Board. The Board shall not be required to accept any such discharge if it elects in given cases not to do so. Wastewater so received must be preceded with a manifest of constituents and concentrations for each truckload.

50.166 Special Agreements.

Special agreements and arrangements between the City and any person may be established by the Board within the terms and intent of this Ordinance when, in the opinion of the Board, unusual or extraordinary circumstances compel special terms and conditions, including but not limited to consent orders and criminal prosecutions whereby an unusual wastewater may be accepted for treatment, subject to payment of applicable fees. Under no circumstances will a special agreement be made, which permits the User to violate any applicable Pretreatment Standard or Requirement.

50.175 Persons Subject to Fees and Sewer Charges.

For the use and service rendered by the publicly owned treatment works, sewer charges shall be collected from the respective owner(s) of each and every parcel of real estate that is connected directly or indirectly to the City's wastewater system or otherwise discharges wastewater either directly or indirectly into the municipal wastewater system of the City, which sewer charges shall be payable as provided in this article.

50.176 Effective Date: Extension to Additional Property.

The sewer charges fixed by this article shall become effective at the time the user first discharges to the municipal wastewater system following the effective date of this ordinance. These sewer charges shall be extended to and cover any additional premises thereafter served, without the necessity of any hearing or notice.

50.177 Rate Basis.

The sewer flow charges shall be based on the quantity of water as measured by the water meter used on or in the premises or other method of measuring approved by the City subject to such sewer charges, except as otherwise provided in this article.

50.178 Schedule of Meter Reading.

Water meters shall be read once each month or, at the option of the City, at other intervals.

50.179 Procedure When Water is Obtained Partially or Wholly from Sources Other Than City.

In the event a user obtains water partially or wholly from sources other than the City, the total water used must be measured or determined as provided in Section 8.2, or by other reasonable means as the Board may direct.

50.180 Portion of Water Not Entering Municipal Wastewater System.

In the case of a user utilizing more than 1,000 gallons of water per average workday, who can substantiate to the City that a portion of said water does not and cannot enter the municipal wastewater system, the Board shall either determine the portion of the measured water to be used in determining the appropriate sewer charges, or approve the manner and technique of flow measurement provided by the user for determining wastewater discharged to the municipal wastewater system. Facilities utilized to accomplish this shall be installed and maintained in a serviceable condition by the User at his expense, but shall be under the exclusive control of the City.

50.181 Billing Procedure Generally.

Sewer billings and invoices shall be rendered and collected approximately monthly. The Board shall, on proper cause being shown by the applicant that in a singular occurrence, metered water did not reach the municipal wastewater system, adjust the user’s sewer charge with respect to such occurrence.

In the event there is a difference in analytical results that is not explainable by normal variation in the testing procedure, the User may, within thirty (30) days of billing, appeal to the Board.

50.182 Tenants May Be Billed: Right of Owners to Examine Records.

The sewer charges may be billed to the tenants occupying the premises served, unless otherwise instructed in writing by the person who owns the premises. Such billings shall in no way relieve the owner of liability in the event payment is not made as herein required. The owners of the premises served, which are occupied by tenants, shall have the right to examine the collection records of the City for the purpose of determining whether such sewer charges have been paid by such tenants; provided that such examination shall be made at the office at which the records are kept and during the hours that such office is open for business.

50.183 Liability of City for Charges.

For the service rendered to any department or agency of the City, except the POTW, the City shall be subject to the sewer charges provided herein.

50.184 Surcharge Based on Flow and Concentration of Wastewater.

All wastewater discharged shall meet the admissibility standards in Article III of this Ordinance. Wastewater, from any User, beyond the limits of admissibility set forth in this Ordinance may be accepted and surcharged in accordance with the schedule in Section 10.11.

Surcharges shall be based on actual quantities discharged for treatment as determined from measured concentration and flow. Surcharge rates for wastewater characteristics not provided for herein may be set at the reasonable discretion of the Board, taking into account all of the Wastewater Treatment Plant’s (POTW's) significant cost factors, relating to treatment, handling, and disposal.

50.185 Rates of Surcharge.

The rates of surcharge, in addition to volumetric charge, for the following constituents shall be as follows:

50.186 Rates of Surcharge.

The rates of surcharge, in addition to volumetric charges, for the following constituents shall be as follows:

1)  

Metered Users  IN-City   In-City  Out-of-City  Out-of-City

Base Rate    Phase One  Phase Two  Phase One  Phase Two

5/8 – ¾ inch meter   $8.55  $9.22    $10.69  $11.79

1  inch meter   $21.38  $23.56  $26.73  $29.45

1 -1/2  inch meter   $35.42  $39.02  $44.27  $48.77

2  inch meter   $85.49  $94.19  $106.85  $117.72

3  inch meter   $196.63  $216.63  $245.78  $270.78

4 & 6  inch meter   $341.96  $376.74  $427.46  $470.93

2)

Plus:        Per    Per    Per    Per

Flow Rate    1,000 Gallons  1,000 Gallons  1,000 Gallons  1,000 Gallons

Operation &

Maintenance

and Replacement    $4.81    $5.30    $6.02    $6.62

Local Capital Charge  $3.59    $3.96    $4.50    $4.95

3)

Per Bill      Per Bill  Per Bill  Per Bill  Per Bill

Billing Charge    $3.31    $3.65    $4.14    $4.56

B) Unmetered Users

1)

Residential single family  $53.90  $59.38  $67.37  $74.22

50.187 Sewer Connection Fees. 

The appropriate Base Monthly Rate for the meter size, plus 1,000 gallons of monthly flow rate charges, plus the billing charge. For example, a customer with a 5/8 – 3/4 –inch meter will pay a minimum charge of $20.26 for in-city service and $25.35 for out-of-city service.

The minimum charge shall be the rate established in 50.186 “Rates of surcharge.”

1.  new          $500

2.  renewal        $250

(c)  Program Administration Charge  $0.020/1000 gal for

(Subject to Annual Review)  Significant Industrial Users only

(f)  Sample Analysis & Reporting Fees (minimum 2 samplings per year)

Charges based on cost per sample per parameter analyzed. Fee Schedule to be as follows; subject to annual review:

Test Group Fees

   Test Name:                  Fee

   AMMONIA-N        $14.00

   CADMIUM        $10.00

   cBOD          $10.00

   CHROMIUM        $10.00

   COD          $9.00

   COPPER        $10.00

   CYANIDE        $20.00

   E.COLI        $25.00

   FECAL COLIFORM      $30.00

   LEAD          $10.00

   NICKEL        $10.00

   OIL & GREASE      $25.00

   PH          $2.00

   PHOSPHORUS      $8.50

   TBOD          $10.00

   TSS          $13.00

ZINC          $10.00

DISSOLVED SOLIDS    $15.00

PHENOL        $12.00

The City Wastewater Utility reserves the right to require additional parameters at a unit charge to be based on the City's cost of providing the service. Additional monitoring and/or analytical costs to the City may be charged to the respective User.

50.200 Rates for Licensed, Commercial or Industrial Waste Hauling

The Board is empowered to determine rates, charges, and fees for septic tank, industrial wastes, and other disposable wastewater and wastes delivered to the wastewater treatment plant, as provided in Section 9.6, and to collect such charges and fees.

50.201 Charges for Special Agreements

The Board is empowered to determine and to collect such charges as it may reasonably provide for under special agreements and arrangements entered into by the Board, on behalf of the City, under Section 9.7.

50.202 Governmental Exemption to Surcharge

Local, State and Federal government entities and their subdivisions shall pay fees and charges listed in Article X as if they are located within the City limits of the City whether or not the connection is located within the City limits.

50.203 Delinquent Accounts.

Charges for wastewater service levied pursuant to this Ordinance shall be due and payable on or before the due dates shown on the bills. Any service charge not paid by the due date (approximately seventeen (17) days after the bill is rendered) shall be considered delinquent. The delinquent charge shall be ten (10%) percent of the delinquent amount and shall be added to the next statement rendered unless by then paid. Delinquent sewage charges together with delinquent penalties, costs and other expenses of collection may be collected by any lawful remedy, including, where applicable, the placing of and foreclosure of liens on real estate as provided by state law.

50.204 Budget Payments.

If and when the City installs and has operating appropriate software, any users of utilities furnished by the city may elect to pay their monthly statements for utilities at a flat, prearranged budget rate for 11 months. The twelfth month, which shall be July of each year, shall be the balancing month during which any overcharge shall be credited and any undercharge shall be added to the user’s July statement. The Clerk-Treasurer shall periodically review budget accounts and shall have the responsibility to adjust budget rates during any of the 11 months upon a finding that the budget rate is either at a substantially excessive or deficient charge.

The Board shall file with the Mayor and Common Council of the City of Auburn during the first calendar quarter of each year an annual report for the previous calendar year showing the financial condition of the Wastewater Treatment Utility (POTW) and the following additional information, as well as other information the Board may deem useful or appropriate: (a) the amount of volumetric charges collected, (b) the amount of surcharges collected, (c) the activities of the Board and Water Pollution Control Department with respect to industrial surveillance and pretreatment, (d) plant, and treatment facilities, (e) technical and other personnel, and (f) combined overflows. Such report shall contain, where appropriate, recommendations to the Council for amendments to this Ordinance regarding rates, surcharges, industrial surveillance, limitations on pollutants and concentrations thereof, and all other matters either within the scope of this Ordinance or pertaining to collection and treatment of wastewater.