(1) Penalties for Late Reports. The City may assess a penalty fee to any user for each day that a report required by this chapter, a permit or order issued hereunder is late. Penalties accrue beginning the fifth day after the report is due. The City’s actions to collect late reporting penalties shall not limit the City’s authority to initiate any other enforcement action.

(2) Performance Bonds. The City may require a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the City as necessary to provide the user will achieve consistent compliance with this chapter. The City may require this bond as an enforcement response or as a prerequisite to issue or reissue a wastewater discharge permit. Any user who has failed to comply with any provision of this chapter, a previous permit or order issued hereunder, or any other pretreatment standard or requirement may be subject to this requirement. This bond may also be required of any category of user which has led to public burdens in the past regardless of the compliance history of the particular user. The City may use this bond to pay any fees, costs, or penalties assessed to the user whenever the user’s account is in arrears for over 30 days. This includes the costs of cleanup of the site if the user goes out of business, sells the business to a person that does not first assume the bond, or goes bankrupt. Users may petition the City to convert their performance bond to a requirement to provide liability insurance, or to forego any such safeguard based on their performance. User may petition no more frequently than once in any 12-month period.

(3) Liability Insurance. The City may require any user to provide insurance if they previously failed to comply with any provision of this chapter, a previous permit, or order issued hereunder, or any other pretreatment standard or requirement. The City may also require users in businesses which historically have left a public burden to clean up pollution to obtain this insurance, regardless of their compliance history. In such cases, users must provide proof that the insurance is sufficient to cover any liabilities incurred under this chapter, including the cost of damages to the POTW and the environment caused by the user. The City may require users to provide the proof of such insurance either in response to noncompliance or prior to issuing or reissuing a wastewater discharge permit.

(4) Payment of Outstanding Fees and Penalties. The Public Works Director may decline to issue or reissue a wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this chapter, a previous permit or order issued hereunder.

(5) Water Supply Severance. The Public Works Director may order water service to a user severed whenever a user has violated or continues to violate any provision of this chapter, a permit, or order issued hereunder, or any other pretreatment standard or requirement. Users wishing to restore their service must first demonstrate their ability to comply with this chapter and pay the related costs of this action.

(6) Contractor Listing. Users which have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the City. Existing contracts for the sale of goods or services to the City held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the Public Works Director. [Ord. 4169 § 1, 2014; Code 1970 § 13.62.120.]