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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 /> 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 taken 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 workman like 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 permittee 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 PIan 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 permittee 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 />