Item 07 - Sewer System Management Plan 2025 Update

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Sec. 39-56.12. Same —Emergency notification requirements. (a) In the event a FSE is unable to comply with any section condition due to a breakdown of equipment, accidents, or human error, or the FSE has reasonable opportunity to know that its discharge will exceed the discharge provisions of the this section, the discharger shall immediately notify the program control manager. If the material discharged to the sewer has the potential to cause or result in sewer blockages or SSOs, the discharger shall immediately notify the local health department and the city. (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 charges, fees or other liability which may be imposed by this section or other applicable law. (Ord. No. NS-2921, 7, 8-1-17) Sec. 39-56.13. Same —Emergency suspension order. The city may, by order of the director of public works, suspend sewer service when the director of public works 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, or 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. (Ord. No. NS-2921, 7, 8-1-17) Sec. 39-56.14. Same —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. (Ord. No. NS-2921, 7, 8-1-17) Sec. 39-56.15. Same —Violation 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 California Porter -Cologne Water Quality Control 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 the Environmental Protection Agency, the California Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this section. (Ord. No. NS-2921, 7, 8-1-17) (Supp. No. 30) Created: 2025-01-29 11:22:14 [EST] Page 37 of 54