Ordinance No. 19791 - Laserfiche WebLink

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otherwise be charged against any industrial user found to be i n violation of any provision of this code, the city manager may impose a penalty on any such industrial user far each day the industrial user has al l owed a di scharge i n vi o1 ati on of section 6.410 of this code or i n excess of permit 1 imi~tati ons ar otherwise has fai 1 ed to observe the requirements of its discharge permit. The city manager may adopt a schedul a of graduated penalties based on the 1 ength or frequency of noncompliance. ~2} Basis of penal~t r. A noncompl i ance penalty may be 1 evi ed by the city manager when ei ther a consti tuent limitation has been exceeded or a compliance requirement has not been met. ~3} Constituent limitation. A constituent limitation is exceeded when: ~a} The concentration of a restri cted substance i n any samp1 e ar i n a serf es of samples taken during the appropriate time period therefor, has exceeded limitations published by the city manager, or any other limitation imposed by a discharge permit; or fib} The pH of any sample is outside the permitted pH range, or ~c} A coati nuous recording pH instrument indicates that the pH of the i ndustri a1 discharge: 1. Is lower than 5.5 Or greater than 12.0 for more than 60 minutes i n any calendar day, or ~, Is lower than 3.5 far more than 15 minutes in any calendar day, or ~d} The volume restrictions of a di scharge permit are ex- ceeded . ~4} Com f i ance re ui rement. A compl i ance requirement has not been met when any requirement established by the discharge permit or by any provi - si on of sections 6.400 to 6.470 of this code, or by regulations pub1 i shed by the city manager or by an order issued by the city manager other than acon- sti tuent 1 imi tati on, has not been met, i nc1 udi ng a fai 1 ure to submit any re- quired reports. 45} Col 1 ecti on procedure. Collection of the penalties determined by the city manager shall be in the manner provided in this code for the col - 1 ect i on of sewer user charges, i n accordance with any other provisions of this code, or in any other manner provided by law. ~6} Appeal. If the industrial user objects to the assessment of any penalty provided by this section, the industrial user shall have all the rights and shall proceed in compliance with the provisions of section 6.455 of this code, ~1} Penalties cumulative. The penalties provided i n this section shall be i n addition to any other remedy that the city may have pursuant to this code or i n any other manner provided by 1 aw. 6.465 Industrial Pretreatment,,,,,Program„_,,~,~,,,,Appeal s. ~ 1 } Reconsideration b~~ ci t mono er. Any person aggrieved by any decision or action of the city manager may f i 1 e a wri tten request with the city manager for reconsideration thereof within ten days of receipt of noti - f i cat i on of such decision or action . The notice of appeal shall be an a form provided by the city manager and shall set forth in reasonable detail the decision or action appealed from and the facts and arguments supporting the appellant's request for reconsideration. The city manager may establish Ordinance - Z2