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(o) Penalties and assessments for FOG program noncompliance. <br /> In the event that the owner of an FSE or FM/P or the owner of any structure in <br /> which an FSE or FM/P is located is found to have failed to comply with the <br /> provisions of this division, the following penalties or assessments or both may be <br /> applied: <br /> (1) For introduction of FOG into any wastewater facility resulting in <br /> obstruction to said facility or in an SSO: <br /> (i) The city may disconnect water and sewer service to the FSE or <br /> FM/P and to the structure in which the FSE or FM/P is located; <br /> (ii) City may impose a fine per the City of Elk River's Enforcement <br /> Response Plan each month until such owner demonstrates that the <br /> subject FSE or FM/P or structure is in compliance with the <br /> requirements of this ordinance; <br /> (2) For failure to maintain records as required by the BMP Program for any <br /> FSE or FM/P, or failing or refusing to timely comply with any request for records <br /> required to be provided to the Chief Operator, a fine per the City of Elk River's <br /> Enforcement Response Plan each day until such records are provided; <br /> (3) For failure to pass the FOG inspection due to lack of or ineffective <br /> FOG equipment the Chief Operator may: <br /> (i) Require the subject FSE or FM/P to install additional FOG <br /> equipment as necessary to resolve the problem; <br /> (ii) Change the sewer rate class of the FSE or FM/P to reflect the <br /> presence of the excessive FOG contribution by the FSE or FM/P. <br /> Section 4. That this Ordinance shall take effect upon adoption. <br /> Adopted this 5"'day of May,2014. <br /> John J. Dietz,Mayor <br /> ATTEST: <br /> Tina Allard, City Clerk <br /> 725630.DOCX <br /> 8 <br />