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NS-2670
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Last modified
1/3/2012 1:01:32 PM
Creation date
12/8/2004 11:06:59 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2670
Date
11/15/2004
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<br />. <br /> <br />C. <br /> <br />Such notification shall not relieve the FSE of any expense, loss, damage <br />or other liability which may be incurred as a result of damage or loss to the <br />city or any other damage or loss to person or property; nor shall such <br />notification relieve the FSE of any fees or other liability which may be <br />imposed by this section or other applicable law. <br /> <br />Sec. 39-56.15 Emergency Suspension Order <br /> <br />The City may, by order of the City Manager, suspend sewer service when the <br />City Manager determines that such suspension is necessary in order to stop an <br />actual or impending discharge which presents or may present an imminent or <br />substantial endangerment to the health and welfare of persons, or to the <br />environment, or may cause SSOs, sewer blockages, interference to the City's <br />Sewer Facilities, or may cause the City to violate any State or Federal Law or <br />Regulation. Any Discharger notified of and subject to an Emergency Suspension <br />Order shall immediately cease and desist the discharge of all wastewater <br />containing FOG to the sewer system. <br /> <br />Sec. 39-56.16 Nuisance <br /> <br />. <br /> <br />Any condition that the FOG Control Manager determines may result in the <br />discharge of waste, which causes or contributes to any sewer blockage, <br />SSOs, obstruction, interference, damage, or any other impairment to the city's <br />Sewer Facilities or to the operation of those facilities shall constitute a threat <br />to the public health, safety and welfare, and is declared and deemed a public <br />nuisance and may be summarily abated as such. <br /> <br />Sec. 39-56.17 Violations of Other Laws <br /> <br />Any person acting in violation of this section also may be acting in violation of <br />the Federal Clean Water Act or the State Porter-Cologne Act and other laws <br />and also may be subject to sanctions including civil liability. Accordingly, the <br />enforcing attorney is authorized to file a citizen suit pursuant to Federal Clean <br />Water Act Section 505(a), seeking penalties, damages, and orders <br />compelling compliance, and other appropriate relief. The enforcing attorney <br />may notify EPA Region IX, the California Regional Water Quality Control <br />Board, or any other appropriate state or local agency, of any alleged violation <br />of this section. <br /> <br />Sec. 39-56.18 Other Civil Remedies <br /> <br />The enforcing attorney may file an action for civil damages in a court of <br />competent jurisdiction seeking recovery of: <br /> <br />. <br /> <br />A. All costs incurred in enforcement of the section, including but not <br />limited to costs relating to investigation, sampling, monitoring, inspection, <br /> <br />Ordinance No. NS-2670 <br />Page 13 of 16 <br />
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