§ 9.16.040. Grounds for approval, conditional approval

The application shall be denied unless the council shall find, based upon evidence before it, that one of the following conditions exist:

A.

The new sewer connection will replace an existing sewer connection at the same location with a use that produces a comparable amount of wastewater being discharged into the sewer system; or

B.

A substantial increase in the use of an existing sewer connection to the sewer system will be offset by an equal reduction to the use of another existing connection to the sewer system which is owned by, or within the control of, the applicant; or

C.

The new sewer connection or increased sewer usage is of a temporary nature and it will occur only during periods of the year when wastewater being treated in the treatment facility is at its minimum level and the treatment facility is thereby capable of handling said new or increased temporary service without any risk of violating the discharge requirements or the cease and desist order.

If the council finds that any of such conditions applies, it may, in its sole discretion, grant the request contained in the application on such terms and conditions that the council deems necessary to protect the city and the health and welfare of its residents. Said conditions may include a requirement that the applicant provide of the city with cash deposits or other forms of performance security acceptable to the city council to ensure the compliance by the applicant with any conditions imposed upon said approval by the city council.