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7 of Santa Ana Section II: Sewer 5 <br />Plan <br />a. Interpreted or applied in a manner inconsistent with the Federal Clean Water Act, or supersede <br />a more specific or more stringent state or federal requirement in an existing permit, regulation, <br />or administrative/judicial order or Consent Decree; <br />b. Interpreted or applied to authorize an SSO that is illegal under either the Clean Water Act, an <br />applicable Basin Plan prohibition or water quality standard, or the California Water Code; <br />c. Interpreted or applied to prohibit a Regional Water Board from issuing an individual NPDES <br />permit or WDR, superseding this general WDR, for a sanitary sewer system, authorized under <br />the Clean Water Act or California Water Code; or <br />d. Interpreted or applied to supersede anymore specific or more stringent WDRs or enforcement <br />order issues by a Regional Water Board. <br />3. The City shall take all feasible steps to eliminate SSOs. In the event that an SSO does occur, the City <br />shall take all feasible steps to contain and mitigate the impacts of an SSO. <br />4. In the event of an SSO, the City shall take all feasible steps to prevent untreated or partially treated <br />wastewater from discharging from storm drains into flood control channels or waters of the Unitec <br />States by blocking the storm drainage system and by removing the wastewater from the storm drains. <br />5. All SSOs must be reported in accordance with Section G of the general WDRs. <br />6. In any enforcement action, the State and/or Regional Water Boards will consider the appropriate <br />factors under the duly adopted State Water Board Enforcement Policy. And, consistent with the <br />Enforcement Policy, the State and/or Regional Water Boards must consider the City's efforts to contain, <br />control, and mitigate SSOs when considering the California Water Code Section 13327 factors. In <br />assessing these factors, the State and/or Regional Water Boards will also consider whether: <br />a. The City has complied with the requirements of Order No. 2006-0003-DWO, including <br />requirements for reporting, developing and implementing a SSMP; <br />b. The City can identify the cause or likely cause of the discharge event; <br />c. There were no feasible alternatives to the discharge, such as temporary storage or retention of <br />untreated wastewater, reduction of inflow and infiltration, use of adequate backup equipment, <br />collecting and hauling of untreated wastewater to a treatment facility, or an increase in the <br />capacity of the system as necessary to contain the design storm event identified in the SSMP. <br />It is inappropriate to consider the lack of feasible alternatives if the City does not implement a <br />periodic or continuing process to identify and correct problems; <br />d. The discharge was exceptional, unintentional, temporary, and caused by factors beyond the <br />reasonable control of The City; <br />e. The discharge could have been prevented by the exercise of reasonable control described in a <br />certified SSM P for: <br />April 2020 II-2 <br />19F-9 <br />