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(1) Bypass was unavoidable to prevent loss of life, personal injury, or <br />severe property damage; <br />(2) There were no feasible alternatives to the bypass, such as the use of <br />auxiliary treatment facilities, retention of untreated wastes, or maintenance <br />during normal periods of equipment downtime. This condition is not <br />satisfied if adequate back -up equipment should have been installed in the <br />exercise of reasonable engineering judgment to prevent a bypass which <br />occurred during normal periods of equipment downtime or preventive <br />maintenance; and <br />(3) The User submitted notices as required under paragraph 3 of this <br />section. <br />(b) The Director may approve an anticipated bypass, after considering its <br />adverse effects, if the Director determines that it will meet the three <br />conditions listed in paragraph 4 (a) of this Section. <br />Sec. 86.135. Wastewater Treatment Rates [RESERVED] <br />Sec. 86.136. Miscellaneous Provisions <br />A. Pretreatment Charges and Fees <br />• The City may adopt reasonable fees for reimbursement of costs of setting u and <br />Y Y P g P <br />operating the City's Pretreatment Program, which may include: <br />1. Fees for wastewater discharge permit applications including the cost of <br />processing such applications; <br />2. Fees for monitoring, inspection, and surveillance procedures including the cost <br />of collection and analyzing a User's discharge, and reviewing monitoring reports <br />and certification statements submitted by Users; <br />3. Fees for reviewing and responding to accidental discharge procedures and <br />construction; <br />4. Fees for filing appeals; <br />5. Fees to recover administrative and legal costs (not included in Section 86.136 <br />(A) (1) associated with the enforcement activity taken by the Director to address <br />IU noncompliance; and <br />6. Other fees as the City may deem necessary to carry out the requirements <br />contained herein. These fees relate solely to the matters covered by this ordinance <br />and are separate from all other fees, fines, and penalties chargeable by the City. <br />43 <br />