§ 12.15.060. Unlawful discharges—Damages and liability.

If the city manager finds that any person has discharged waste or wastewater into the sewerage system in violation of the provisions of this title, or of the user's industrial wastewater discharge permit, and that such discharge caused increased operating costs or diminished the efficiency of the treatment process, the city manager shall estimate the value of the damage and add that sum to the offending user's next regular sewer service billing. The city manager shall consider, among other things, the following:

(a)

The cost of repairs to the sewerage system;

(b)

The depreciation of the system due to damages not repaired;

(c)

The extra operating costs; and

(d)

The value of the loss of wastewater treatment plant operating efficiency, based upon the city's normal operating costs and the extent to which the performance of the plant was reduced below normal as a result of such improper discharge to the sewer.

All charges made pursuant to this section are due and payable upon receipt of notice thereof. All such charges shall become delinquent fifteen days after mailing notice thereof to the mailing address of the discharger. This remedy is nonexclusive and may be asserted in addition to any other remedy available to the city under law. Payments for such charges not received by the city within fifteen days after mailing notice thereof shall be subject to a penalty to be set by ordinance. Unpaid charges shall also accrue interest at the legal rate beginning on the sixteenth day after mailing of the notice.

(Ord. 625 § 1 (part), 1989)