Section 1. - Purpose and policy.

This resolution sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system of the Winston-Salem/Forsyth County Utility Commission for the City of Winston-Salem, hereafter referred to as the commission, and enables the commission to comply with all applicable state and federal laws, including the Clean Water Act (33 USC 1251 et seq.) and the General Pretreatment Regulations (40 CFR, Part 403).

The objectives of this resolution are:

A.

To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

B.

To prevent the introduction of pollutants into the municipal wastewater system which will pass through the wastewater system, inadequately treated, into any waters of the state or otherwise be incompatible with the system;

C.

To promote reuse and recycling of wastewater and sludge from the municipal system;

D.

To protect both municipal personnel who may be affected by sewage, sludge, and effluent in the course of their employment as well as protecting the general public;

E.

To provide for equitable distribution of the cost of construction, operation, maintenance and improvement of the municipal wastewater system; and

F.

To ensure that the municipality complies with its NPDES or nondischarge permit conditions, sludge use and disposal requirements and any other federal or state laws to which the municipal wastewater system is subject.

This resolution provides for the regulation of direct and indirect contributors to the municipal wastewater system, through the issuance of permits to certain non-domestic users and through enforcement of general requirements for other users, authorizes monitoring and enforcement activities, requires user reporting and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

THIS RESOLUTION SHALL APPLY TO ALL USERS OF THE MUNICIPAL WASTEWATER SYSTEM, AS AUTHORIZED BY N.C.G.S. 160A-312 AND/OR 153A-275, BOTH INSIDE AND OUTSIDE THE CORPORATE LIMITS OF THE CITY OF WINSTON-SALEM. Except as otherwise provided herein, the director of utilities (hereinafter, the "director") or his designee shall administer, implement, and enforce the provisions of this resolution. By discharging wastewater into the municipal wastewater system, industrial users located inside and outside the city limits agree to comply with the terms and conditions established in this resolution, as well as any permits, enforcement actions, or orders issued hereunder.

This resolution is gender neutral and the masculine gender shall include the feminine and vise versa. Shall is mandatory, may is permissive and discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.

(Res. of 6-9-03(2); Res. of 6-11-07; Res. of 11-14-11)

Section 2. - Definitions and abbreviations.

Unless the context specifically indicates otherwise, the following terms, words, and phrases shall have the meanings respectively ascribed to them in this section:

Accidental discharge. An incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards or the provisions of this resolution.

Act or the Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

Approval authority. The Director of the Division of Water Quality of the North Carolina Department of Environment and Natural Resources, or a designated representative.

Authorized representative of industrial user.

A.

If the industrial user is a corporation, "authorized representative" shall mean:

(1)

The president, secretary, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or

(2)

The manager of one (1) or more manufacturing, production, or operation facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

B.

If the industrial user is a partnership or sole proprietorship, an authorized representative shall mean a general partner or the proprietor, respectively.

C.

If the industrial user is a federal, state or local government facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

D.

If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to the director prior to or together with any reports to be signed by an authorized representative.

Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty (20) [degrees] centigrade, usually expressed as a concentration (e.g. mg/l).

Building sewer. A sewer conveying wastewater from the premises of a user to the POTW.

Bypass. The intentional diversion of waste streams from any portion of a user's treatment facility.

Categorical standards. See: national categorical pretreatment standards or pretreatment standard.

City. The City of Winston-Salem North Carolina, or any duly authorized agent(s) or official(s) acting on behalf of the city.

Commission. The Winston-Salem/Forsyth County Utility Commission, an agency of the City of Winston-Salem North Carolina.

Control authority. Refers to the POTW organization.

County. Forsyth County, North Carolina, including the area within the corporate boundaries of the City of Winston-Salem.

Developer. An individual or a group of individuals who seeks to construct new facilities on a property.

Director. The Director of Utilities of the City of Winston-Salem, or his authorized representative(s).

Domestic septage. The liquid or solid material removed from a septic tank, cesspool, portable toilet or similar treatment works receiving only domestic sewage. Domestic sewage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment works receiving either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant.

Domestic wastewater. Wastewater from bathrooms, toilet rooms, kitchens and home laundries, including the contents of septic tanks from residential dwellings.

Effluent. Sewage, water or other liquid flowing out of any basin, treatment device, or facility.

Environmental Protection Agency or EPA. The U. S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.

Federal Register. A federal government periodical dealing with federal legislation, published weekdays by the National Archives and Records Service.

Food service establishments. Any commercial facility discharging kitchen or food preparation wastewater including restaurants, motels, hotels, cafeterias, hospitals, schools, nightclubs, delicatessen, meat cutting-preparation, bakeries, etc. and any other facility which, in the opinion of the director, would require a grease trap installation by virtue of its operation.

40 CFR 403. Section 40 Part 403 of the Code of the Federal Register that mandates protection of the environment.

Grab sample. A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

Grease. The accumulation of oils (animal or vegetable), fats, cellulose, starch, proteins, wax, lipids, or grease, whether emulsified or not, in the sanitary sewer system. These are substances that may solidify or become viscous at temperatures between thirty-two (32) degrees Fahrenheit and one hundred fifty degrees (150) Fahrenheit.

Grease interceptor or grease trap. A device utilized to effect the separation of grease and oils in wastewater effluent from a food service establishment. Such traps or interceptors may be of the "outdoor" or "underground" type normally of a 1,000-gallon capacity or more, or the "under-the-counter" or "point of use" package units, which are typically less than 100-gallon capacity. For the purpose of this definition, the words "trap" and "interceptor" are used interchangeably

Hazardous waste. Any material that would be identified as hazardous wastes according to 40 CFR, Part 261 if not disposed of in a sewer.

Hydrocarbon oil and grease. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin.

Indirect discharge or discharge. The discharge or the introduction from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317), into the POTW.

Industrial user. Any person who is a source of indirect discharge.

Industrial waste control section. A section of the city's public works department that is in charge of controlling industrial and commercial discharges to the sewer system and supervising the industrial pretreatment program.

Industrial wastewater. All water-carried wastes and wastewater excluding domestic wastewater and unpolluted water. Includes all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, and/or other operations where the wastewater discharged includes wastes of nonhuman origin.

Industrial wastewater discharge permits. A permit to discharge as set forth in Section 79 of this resolution.

Inflow/infiltration. Inflow is the result of extraneous water entering the sewer system. Inflow includes water discharged into service connections and sewer pipes from foundation and roof drains, outdoor paved areas, unpolluted cooling water from air conditioners, and unpolluted discharges from businesses and industries. Infiltration is the entry of water into the sewer system from surrounding soil. Common points of entry include broken pipe and defective joints in the pipe or walls of manholes. Infiltration may result from sewers being laid below the groundwater table or from saturation of the soil by rain or irrigation water.

Influent. Sewage, water or other liquid flowing into any basin, treatment device, or facility.

Interference. The inhibition, or disruption of the POTW collection system, treatment processes, operations, or its sludge process, use, or disposal, which causes or contributes to a violation of any requirement of the control authority's (and or POTW's, if different from the control authority) NPDES, collection system or prevents sewage sludge use or disposal in compliance with specified applicable state and federal statutes, regulations, or permits. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA) (42 U.S.C. 6901, et seq.), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuary Act (MPRSA) or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

May. "May" is permissive.

Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

Municipal sewer system. See, "Publicly owned treatment works."

Municipal wastewater system. See, "Publicly owned treatment works."

National categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of industrial users, and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405—471.

National pollutant discharge elimination system or NPDES permit. A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342), or pursuant to N.C.G.S. 143-215.1 by the state under delegation from EPA.

National prohibitive discharge standard or prohibitive discharge standard. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 46 of this resolution and are developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.

New categorical source. As defined in 40 CFR Part 403.3(m), including any subsequent amendments and additions.

Noncontact cooling water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

North Carolina Plumbing Code. The most recent edition of the North Carolina State Building Code, entitled "Plumbing," published by the North Carolina Building Code Council and the North Carolina Department of Insurance.

Owner. An individual, person, firm, company, association, society, corporation, or group upon whose property the building or structure containing the food service establishment is located or will be constructed. "Owners" shall also include the owner of a food service establishment who may lease the building, structure, or a portion thereof, containing the food service establishment.

Pass through. A discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the control authority's (and/or POTW's, if different from the control authority) NPDES collection system.

Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state, and local government entities.

pH. A measure of the acidity or alkalinity of a substance, expressed as standard units, and calculated as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in gram moles per liter of solution. A pH value of 7.0 is neutral, values below 7.0 are acid and those above 7.0 are alkaline.

Pollutant. Any "waste" as defined in N.C.G.S. 143-213(18) and dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, filter backwash, and industrial, municipal, and agricultural waste and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, metals, BOD, COD, toxicity, and odor).

POTW treatment plant. That portion of the POTW designed to provide treatment to wastewater. See, "Publicly Owned Treatment Works".

Pretreatment or treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollution into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

Pretreatment program. The program for the control of pollutants introduced into the POTW from non-domestic sources which was developed by the Utility Commission of the City of Winston-Salem in compliance with 40 CFR 403.8 and approved by the approval authority as authorized by N.C.G.S. 143-215.3(a)(14) in accordance with 40 CFR 403.11.

Pretreatment requirements. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard.

Pretreatment standards. Prohibited discharge standards, categorical standards, local limits and any other regulation containing pollutant discharge limits promulgated by the State of North Carolina or local agencies or by EPA in accordance with Section 307 (b) and (c) of the Act.

Privies. Latrines, outhouses, or any other permanently installed outdoor water closets.

Proper connections. Those sewer pipe connections made in accordance with the North Carolina Plumbing Code or as stipulated by the director.

Process wastewater flow. That portion of the facility discharge that is attributable to the function(s) that define(s) the facilities purpose(s).

Publicly owned treatment works (POTW) or municipal wastewater system or municipal sewer system. A treatment works as defined by section 212 of the Act, (33 U.S.C. 1292), which is owned by the City of Winston-Salem acting through its utility commission. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid or solid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to the POTW treatment plant. For the purposes of this resolution, "POTW" shall also include any sewers that convey wastewater to the POTW from persons outside the city who are, by contract or agreement with the city, or in any other way, users of the POTW.

Residuals. The solid or semi-solid waste generated from a biological wastewater treatment facility with a NPDES permit which is owned or operated by the commission.

Sanitary sewer. A pipe or conduit which carries domestic waste and/or industrial wastes and to which storm, surface, groundwaters, and unpolluted waters are not intentionally admitted.

Septage. The sludge produced in individual domestic on-site wastewater disposal systems, such as septic tanks and cesspools.

Severe property damage. Substantial physical damage to property, damage to the user's treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

Sewage. A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments.

Sewer base charge. A fee implemented to cover costs associated with billing for services provided and providing an availability to serve.

Sewage treatment plant. See, "Publicly owned treatment works."

Sewer connection. A sewer pipeline, normally a four-inch, cast-iron soil pipe, running laterally from a street sewer, an off-street sewer or a trunk sewer to an individual tract, lot or parcel of land to serve one (1) or more houses or other buildings, whether or not connected to any house or building.

Sewer system. See, "Publicly owned treatment works."

Shall. "Shall" is mandatory.

Significant industrial user (SIU). An industrial user that discharges wastewater into a publicly owned treatment works and that:

A.

Discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontract cooling and boiler blowdown wastewaters); or

B.

Contributes process wastewater which makes up five (5) percent or more of the NPDES or permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS, and Ammonia; or

C.

Is subject to Categorical Pretreatment Standards under 40 CFR Part 403.6 and 40 CFR chapter 1, Subchapter N, Parts 405-471; or

D.

Is found by the control authority, to have the potential for impact, either singly or in combination with other contributing industrial users, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or compliance with any pretreatment standards or requirements.

E.

Subject to division approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in paragraphs (A) and (B) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standards or requirement, or for contributing to violations of the POTW's effluent limitations and conditions in its NPDES [or for contributing to violations of the POTW's receiving stream standard,] or for limiting the POTW's sludge disposal options, and thus is not a significant industrial user.

F.

Subject to division approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in paragraph (C) above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non-significant categorical industrial user.

G.

Subject to division approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in paragraph (C) above meets the requirements of 40 CFR Part 403.12(e)(3) and thus is a middle tier significant industrial user. Sampling and inspection requirements may be cut in half as per 40 CFR Part 403.8(f)(2)(v)(C) and 403.12(e)(3).

Significant noncompliance or SNC is the status of noncompliance of a significant industrial user when one (1) or more of the following criteria are met. Additionally, any industrial user which meets the criteria in parts (C), (D), or (H) shall also be SNC.

A.

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all the measurements taken for the same pollutant parameter (not including flow) during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR Part 403.3(l);

B.

Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR Part 403.3(l) multiplied by the applicable TRC; (TRC = 1.4 for BOD, TSS, fats, oil and grease, 1.2 for all other pollutants (except flow and pH);

C.

Any other violation of a pretreatment standard or requirement as defined by 40 CFR Part 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority and/or POTW determines has caused alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);

D.

Any discharge of a pollutant or wastewater that has caused imminent endangerment to human health, welfare or to the environment or has resulted in either the control authority's or the POTW's, if different from the control authority, exercise of its emergency authority under 40 CFR Part 403.8(f)(1)(vi)(B) and Section 102E of this resolution to halt or prevent such a discharge.

E.

Violations of compliance schedule milestones, contained in a pretreatment permit or enforcement order, for starting construction, completing construction, and attaining final compliance by ninety (90) days or more after the schedule date.

F.

Failure to provide reports for compliance schedule, self-monitoring data, baseline monitoring reports, ninety-day compliance reports, and compliance reports within forty-five (45) days from the due date.

G.

Failure to accurately report noncompliance.

H.

Any other violation or group of violations that the control authority and/or POTW determines will adversely affect the operation or implementation of the local pretreatment program.

Sludge or biosolids. The solid or semi-solid waste resulting from chemical treatment, coagulation, flocculation, sedimentation, flotation, precipitation, filtration, and/or biological oxidation of water or wastewater.

Slug load or discharge. Any discharge at a flow rate or concentration which has a reasonable potential to cause interference or pass-through or in any way violates the POTW's regulations, local limits, or Industrial User Permit conditions. This can include but is not limited to spills and other accidental discharges; discharges of a non-routine, episodic nature; a non-customary batch discharge; or any other discharge that can cause a violation of the prohibited discharge standards in Section 46 of this resolution.

Standard industrial classification (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987.

Storm drain or storm sewer. A pipe or conduit designed, constructed, and intended to carry storm waters, surface waters, drainage, and other unpolluted waters, but not sewage or industrial wastewater.

Storm water. Any flow occurring during or following any form of natural precipitation and resulting therefrom.

Submit. The term "submit," or the terms "notify" or "request," when used in the context of a written rather than oral submission, shall mean to place the written report or document into the U.S. Mail, postage prepaid, such that it is postmarked on the date it is required to be submitted under this resolution. For writings not submitted via the U. S. Mail, it shall mean delivery to the director.

Total suspended solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

Toxic substances. Any substance or mixture, whether gaseous, liquid or solid, which, when discharged into the sewer system, may tend to interfere with any wastewater treatment process, constitute a hazard to human beings or animals, inhibit aquatic life, or create a hazard to recreation in the receiving waters of the effluent from the sewage treatment plant.

Trunk sewer. A major outfall or intercepting sewer installed along the valley line of a watershed to serve as a collector for street sewers and minor outfall lines serving subdivisions and developed property within an entire watershed.

Upset. An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

User. Any person, establishment, or industry, whether inside or outside the city limits, who contributes, causes or permits the contribution of wastewater into the POTW.

Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, mobile sources, industrial treatment facilities and institutions, together with any ground water, surface water, and storm water that may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW.

Water closets. Any self-contained toilets, including those in recreational vehicles and portable units.

Waters of the state. All streams, lakes, ponds, marshes, watercourse, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the sate or any portion thereof.

The following abbreviations when used in this resolution, shall have the designated meanings:

BOD - Biochemical Oxygen Demand

CFR - Code of Federal Regulations

EPA - Environmental Protection Agency

gpd - Gallons per Day

I/I - Inflow and Infiltration

IWC - Industrial Waste Control

l - Liter

mg - Milligrams

mg/l - Milligrams per liter

NCGS - North Carolina General Statutes

NPDES - National Pollution Discharge Elimination System

O & G - Oil and Grease

O & M - Operation and Maintenance

POTW - Publicly-Owned Treatment Works

RCRA - Resource Conservation and Recovery Act

SIC - Standard Industrial Classification

SS - Suspended Solids

SIU - Significant Industrial User

SWDA - Solid Waste Disposal Act

TSS - Total Suspended Solids

TKN - Total Kjeldahl Nitrogen

U.S.C. - Unites States Code

(Res. of 6-9-03(2); Res. of 6-11-07; Res. of 5-11-09; Res. of 11-14-11)

Section 3. - Confidentiality and public access.

All records relating to compliance with pretreatment standards shall be made available to officials of the approval authority and EPA upon request.

A.

Public access to information. The following information and items are considered to be part of the public record and, as such, are available for public access:

(1)

Industrial discharge permits.

(2)

Permit application forms.

(3)

SIU Effluent monitoring data.

(4)

Utility commission SIU list.

B.

Confidentiality. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this resolution, the national pollutant discharge elimination system (NPDES) permit, and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the utility commission, the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

C.

Disclosure of information. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data. Any information submitted as confidential shall be accepted and treated as confidential except for information that conflicts with A. above. The user shall provide legal representation for any legal challenge of confidential information.

(Res. of 6-9-03(2))

Section 4. - Disclaimer of liability.

Neither the city nor the commission shall be liable to any person for failure to furnish sewer service for any purpose or under any conditions, or for the quantity or quality of the service furnished, or for damage from discontinuance of service. All connections and service are subject to these provisions.

(Res. of 6-9-03(2))

Sections 5—11. - Reserved.