§ 12.10.050. Variance from specific discharge limitations.

(a)

A variance from a specific compatible pollutant limitation may be obtained from the city manager. Granting of such a variance shall be determined on a case-by-case basis. The city manager shall take into account the following factors in granting or denying a variance:

(1)

The user's ability to meet the existing limitations;

(2)

The user's wastewater discharge volume;

(3)

The user's current wastewater constituent concentrations;

(4)

The impact of increased constituent concentrations on the sewerage system, the wastewater treatment plant's processes, effluent, and sludge quality;

(5)

The impact of increased constituent concentrations on the wastewater treatment plant's NPDES permit requirements; and

(6)

Any other factor the city manager deems applicable.

Before issuing such a variance, the city manager shall verify with EPA that the variance will not allow the user to exceed applicable categorical standards.

(b)

The city manager may require the user to monitor its effluent in excess of previous levels, if he deems it necessary to properly enforce any variance granted under this section.

(c)

The city manager reserves the right to impose requirements which are stricter than, or in addition to, those specified in Sections 12.10.020 and 12.10.030, should the quantity or quality of the user's effluent merit unique consideration because of its impact on the sewerage system or the public health and welfare.

(d)

The city manager may revoke the variance at any time.

(e)

The city manager may charge reasonable additional fees, based upon the cost of city staff time and the out-of-pocket costs to the city incurred in processing the variance, plus an administration fee of fifteen percent of those costs.

(Ord. 625 § 1 (part), 1989)