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discharger to enforcement action as determined by the Director of Municipal
<br /> • Utilities, and as provided for in applicable sections of the Stockton Municipal
<br /> Code. If loading exceeds standby service for any three months in a rolf io
<br /> twelve month period, and no temporary transfer of capacity from another
<br /> industrial discharger, the daily loadings for those three months will be
<br /> averaged, and one standard deviation will be added to the arithmetic mean.
<br /> This sum, minus the entitled capacity, at a minimum, shall be purchased, if
<br /> such capacity can be allocated to the industrial user. Additionally, in any
<br /> month in which the industrial user exceeds its capacity, both monthly loading
<br /> and standby charges will be applied to the excess.
<br /> B. Any industrial user (user "A") who does not discharge loadings..equal to its
<br /> standby service may offer to another industrial user (user"B"), the temporary
<br /> use of up to ninety (90%) of its entitled capacity. If user °B" desires to use
<br /> this excess capacity entitlement, user GB" shall apply for same, no fewer than
<br /> thirty (30) days in advance of the time period requested for such temporary
<br /> transfer, to the Director of Municipal Utilities,who shall be authorized to grant
<br /> such approval. Approval to grant such transfer shall be at the discretion of
<br /> the, D.irector.,-If ,approved a -fee.of,.$500..sha.11 .be,,charged user "B7.,as- an
<br /> administrative fee:, ,User "A"-shall- continue to pay the full standby charge,
<br /> and may make separate arrangements with user"B" for reimbursement. The
<br /> temporary transfer shall be for a minimum of two consecutive months, and
<br /> may.not exceed.six (fi) consecutive months in--any consecutive twelve (12)
<br /> month period.
<br /> C. Industrial users who choose to reduce maximum monthly',allocated,sewer
<br /> capacity may transfer up to 50% thereof to another indust6' 1-user or
<br /> potential user, subject. to,the approval. of the-Director of;Municipal._Utilities.
<br /> TheAransfer of-monthjy allocated :sewer,capacity shallbe at not more than
<br /> the current value of such capacity established -.by.,Resolution-of the City
<br /> Council, less the original administrative fee, and only on the'appro1.val of the
<br /> D,lreetor, who .wilh,-act. as exclusive broker,for the-transfer of..such,excess
<br /> capacity. An administrative Jee-of $500will be .charged:tl�e transferor of
<br /> such; excess capacity; Effective on .the:-first day of the'.-:month fallowing
<br /> approval, standby charges to the transferor shall rtbe adjusted proportionally,
<br /> corresponding to the amount of the reduced capacity approved. The City of
<br /> StocKton wi.fl:. not .repurchase sewer,capacity.from:any;industrial .user. Any
<br /> relinquished,-capacity,w4ichkhps not t.i eii.purchaspo or_sold aftera.period of
<br /> five (5) years.-from the-..ate of.approval of the application shall,revert, to the
<br /> City.
<br /> D. In.the event that-an, industrial discharger elects to relinquish some or all of its
<br /> allocated capacity, .an application.for relinquishment shall, be made to the
<br /> Director accompanied by an administrative fee. of ,$500. If approved,
<br /> capacity thus relinquished shall be made available by tile,Director, acting as
<br /> exclusive broker, to any other industrial user in accordance with paragraph C
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