Amending Certain Portions of Chapter 17 Sewers and Water

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( o) Annual Publication of Significant Violators . The Board of Wastewater Commissioners shall annually publish in the local daily newspaper a list of the nonresidential dischargers which were not in compliance with applicable pretreatment requirements or standards at least once during the previous 12 months . The notification shall also summarize any enforcement actions taken against the dischargers during the same 12 months . SECTION III. Chapter 17, Article 2, Division 6, Section 17-34 of the Municipal Code of South Bend is deleted in its entirety and a new Chapter 17, Article 2, Division 6, Section 17-34 is included as follows . DIVISION 6: REMOVAL CREDITS Sec. 17-34. Removal Credits. The Board of Wastewater Commissioners may establish standards for a removal credit system pursuant to the provisions of 40 CFR Part 403, and may incorporate removal credits into a Wastewater Discharge Permit. SECTION IV. Chapter 17, Article 2, Division 7, Section 17-35 of the Municipal Code of South Bend is deleted in its entirety and a new Chapter 17, Article 2, Division 7, Section 17-35 is included as follows : DIVISION 7: VALIDITY OF ARTICLE Sec. 17-35. Construction of Article . No statement contained in this Article shall be construed as being amendatory to or taking precedence over the provisions of Section 17-47 fixing the schedule of rates and charges to be collected by the City from the owners of property served by the Wastewater collection and treatment system. SECTION V. Chapter 17, Article 2, Division 8, Section 17-36 through Section 17-38 of the Municipal Code of South Bend is deleted in its entirety and a new Chapter 17, Article 2, Division 8, Section 17-36 through Section 17-38 is included as follows : DIVISION 8: RECOVERY OF COSTS, PENALTIES, SEVERABILITY, CONFLICT. Sec. 17-36. Recovery of Costs. Any Discharger violating any of the provisions of this Ordinance, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the wastewater treatment and collection system (including all receiving systems) under the jurisdiction of the Board shall be liable to the Board for any expense, loss, or damage caused by such violation or discharge . The Board shall bill the Discharger for the costs incurred by the City for any cleaning, repair, replacement work caused by the violation or discharge . Sec. 17-37. Civil Penalties . Any discharger found to be in violation of any provision of this Ordinance shall, upon conviction, be fined Five hundred (500) dollars for the first offense; One thousand ( 1000) dollars for the i_____ n___ n /nrnn\