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a <br /> sw <br /> 6 <br /> Page 26 of 27 <br /> Waste Ordinance shall inform the Water Quality Control Facility at the first <br /> opportunity after becoming aware of the upset at(209)239-8433. <br /> i <br /> 2. A written follow-up report on the upset shall be filed by the permittee with the City <br /> within five days. The report shall specify: <br /> a. Description of the upset, the cause(s) thereof and the upset's impact on the <br /> permittee's compliance status. <br /> b. Duration of the noncompliance, including exact dates and times of <br /> noncompliance, and if not corrected,.the anticipated time the noncompliance <br /> is expected to continue.. <br /> c. All steps taken or to be takeii to.reduce, eliminate and prevent recurrence of <br /> such an upset. <br /> 3. The report must also demonstrate that the treatment facility was being operated in a <br /> prudent and workmanlike manner and the upset was caused by conditions that are not <br /> within reasonable control of the permittee. <br /> A documented and verified operating upset shall be an affirmative defense to any <br /> enforcement action brought against the permittee for violation attributable to the upset <br /> event. <br /> Part 12 -PENALTIES <br /> A. Civil and Criminal Liability <br /> Nothing in this permit shall be construed to relieve the pennittee from civil and/or <br /> criminal penalties for noncompliance under the Waste Ordinance or State, Federal laws <br /> and regulations. <br /> B. Penalties for Violations of Permit Conditions <br /> The Waste Ordinance in accordance with the Enforcement Response Plan provides that <br /> any person who violates a permit condition is subject to a civil penalty of at least$25,000 <br /> per day of such violation. Any person who willfully or negligently violates permit. <br /> conditions is subject to criminal penalties of a fine of up to $1,000 per day of violation or <br /> an imprisonment of up to 30 days per day of violation or both. The permittee may also <br /> be subject to sanctions under State and/or Federal law. <br /> C. Recovery of Costs Incurred <br /> In addition to civil and criminal liability, the permittee violating any of the provisions of <br /> this permit or Waste Ordinance,,or causing damage to or otherwise inhibiting the City <br /> wastewater disposal system shall be liable to the City for any expense, loss, or damage <br /> caused by such violation or discharge. The City shall bill the pennittee for the costs <br /> incurred by the City for any cleaning, repair, or replacement work caused by the violation <br /> Permit No. 05-3 <br /> Cardoza Enterprises <br />