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<br />or further limitations as may from time to time be ordered by the City Manager, or <br />concentration limits set by any local, state or federal regulatory agency having jurisdiction, <br />whichever is stricter. <br /> <br />R-6.463-C Annual Permit Fee. <br /> <br />A nonrefundable annual permit fee in an amount established by the City Manager <br />pursuant to Section 2.020 of the Eugene Code, 1971 shall be paid for each industrial <br />wastewater discharge permit. The initial fee shall be due upon permit issuance, and shall <br />be prorated to the following April 30. Thereafter, the fee shall be due annually on May 1. <br /> <br />R-6.463-D Enforcement. <br /> <br />1. Definitions. As used herein, the following words and phrases mean: <br /> <br />(a) Noncompliance. A violation. <br /> <br />(b) Upset. An exceptional incident in which an industrial user is in <br />unintentional and temporary noncompliance with applicable pretreatment standards <br />or requirements set forth in Sections 6.410 to 6.434 of the Eugene Code, 1971, these <br />rules, or its permit, because of factors beyond the reasonable control of the industrial <br />user. An upset does not include noncompliance to the extent caused by operational <br />error, improperly designed treatment facilities, inadequate treatment facilities, lack <br />of preventive maintenance, or careless or improper operation. <br /> <br />(c) Violation. <br /> <br />(1) A discharge exceeding a constituent limitation; or <br /> <br />(2) A failure to comply with requirements of a discharge permit, an <br />order issued by the City Manager, these rules, an Administrative Compliance <br />Order issued under these rules, or the Eugene Code, 1971. <br /> <br />(d) Director. The person designated as the Wastewater Division Director <br />of the Public Works Department of the City of Eugene, or designee. <br /> <br />2. Enforcement Orders. <br /> <br />(a) Notice of Noncompliance. The Director may issue a Notice of Non- <br />compliance for any violation. A Notice of Noncompliance shall be in writing and <br />specify the violation ( s), and the consequences of continued noncompliance. <br /> <br />Industrial Pretreatment Program Administrative Rule - 2 <br />