19F - RECEIVE AND FILE SEWER SYSTEM

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ARTICLE III. SEWERS Page 11 of 12 recourse to the remedies provided by law to secure entry. (14) Emergency notification requirements. A. In the event a FSE is unable to comply with any breakdown of equipment, accidents, or human error o opportunity to know that his/her/its discharge will exceed th this section, the discharger shall immediately notify the pro material discharged to the sewer has the potential to cause or SSOs, the discharger shall immediately notify the loca city. section condition due to a the FSE has reasonable discharge provisions of the jram control manager. If the or result in sewer blockages health department and the B. Confirmation of this notification shall be made in writing to the FOG control program manager no later than five (5) working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring. C. Such notification shall not relieve the FSE of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the city or any other damage or loss to person or property; nor shall such notification relieve the FSE of any fees or other liability which may be imposed by this section or other applicable law. (15) Emergency suspension order. The city may, by order of the city manager, suspend sewer service when the city manager determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause SSOs, sewer blockages, interference to the city's sewer facilities, or may cause the city to violate any state or federal law or regulation. Any discharger notified of and subject to an emergency suspension order shall immediately cease and design the discharge of all wastewater containing FOG to the sewer system. (16) Nuisance. Any condition that the FOG control manager determines may result in the discharge of waste, which causes or contributes to any sewer blockage, SSOs, obstruction, interference, damage, or any other impairment to the city's sewer facilities or to the operation of those facilities shall constitute a threat to the public health, safety and welfare, and is declared and deemed a public nuisance and may be summarily abated as such. (17) Violations of other laws. Any person acting in violation of this section also may be acting in violation of the Federal Clean Water Act or the State Porter -Cologne Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify EPA Region IX, the California Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this section. (18) Other civil remedies. The enforcing attorney may file an action for civil damages in a court of competent jurisdiction seeking recovery of: A. All costs incurred in enforcement of the section, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages; B. All costs incurred in mitigating harm to the environment or reducing the threat to human health; and C. Damages for irreparable harm to the environment. The remedies available to the city pursuant to the provisions of this article shall not limit the right of the city to seek any other remedy that may be available by law. 19F-132 http://Iibrary2.municode.com/default-test/DocVieNv/14452/l/242/245 3/3/2009