11A - 2ND READ ORD - WATER AND SEWER with revised ordinance

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of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the dischargers facility is open, operating, or any other reasonable time. No person shall interfere with, delay, resist, or refuse entrance to city representatives attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the city's sewer system. If entry is refused, the FOG control manager or his designee shall have recourse to the remedies provided by law to secure entry. 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. 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. 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 Ordinance No. NS -XXX Page 48 of 56 11 A-50