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72 <br /> <br />billed directly to the User. <br /> <br /> K. High Strength Waste Fees: Users having effluent concentrations of BOD and/or <br />TSS in excess of 300 mg/L, and/or FOG concentrations in excess of 50 mg/L may <br />be billed a High Strength Waste Surcharge. Surcharge rates will be established by <br />the Director and based on cost of conveyance and treatment in the POTW. <br /> <br /> L. Industrial Flow Surcharge: An Industrial flow surcharge will be billed to all <br />applicable Users based upon the amount of industrial waste flow. <br /> <br /> M. Cost Recovery: The City may recover any incurred expenses incurred due to <br />noncompliance by a user, including, but not limited to; costs of opening a <br />plugged sewer, costs of repairing a damaged sewer, costs of determining the <br />cause of a SSO or CSO, and costs of cleaning up and mitigating a SSO or CSO. <br /> <br /> All fees or charges will be collected by direct billing. Unless the Director has been made <br />aware of extenuating circumstances that would prevent prompt payment, all fees are <br />payable within 30 days of the billing. Fees past due will be considered a violatio n of this <br />ordinance. Users not paying fees within 60 days of the billing period will be subject to <br />permit suspension or termination of service. <br /> <br />13.2 Non-Liability <br /> <br /> It is expressly the purpose of this ordinance to comply with the September 13, 1985 <br />order of the Washington State Department of Ecology requiring the City of Everett to <br />establish an industrial pre-treatment program and to provide for and promote the <br />health, safety and welfare of the general public. It is not the intent of this ordinance to <br />create or otherwise establish or designate any particular class or group of persons who <br />will or should be especially protected or benefited by the terms or requirements of this <br />ordinance. <br /> <br /> It is the specific intent of this ordinance to place the obligation o f complying with these <br />regulations upon the applicant or Discharger and no provision nor any term used in this <br />ordinance is intended to impose any duty whatsoever upon the City or any of its <br />officers, employees or agents, except as provided under the Act or other related <br />statutes of the United States or the State of Washington. <br /> <br />Nothing contained in this ordinance is intended to be nor shall be construed to create or <br />form the basis for any tort liability on the part of the City or its officers, employees or <br />agents, for any injury or damage resulting from the failure of an applicant or Discharger <br />to comply with the provisions of this ordinance, or by reason or in consequence of any <br />inspection, notice, order, certificate, permission or approval authorized or issued or <br />done in connection with the implementation or enforcement of this ordinance, or