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NS-2921
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Last modified
8/24/2017 4:37:03 PM
Creation date
8/17/2017 5:43:09 PM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2921
Date
8/1/2017
Destruction Year
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or may cause SSOs, sewer blockages, or interference to the city's sewer facilities; or <br />may cause the city to violate any state or federal law or regulation. Any discharger <br />notified of and subject to an emergency suspension order shall immediately cease and <br />design the discharge of all wastewater containing FOG to the sewer system. <br />Sec. 39-56.14. - Same—Nuisance. <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, SSOs, <br />obstruction, interference, damage, or any other impairment to the city's sewer facilities <br />or to the operation of those facilities, shall constitute a threat to the public health, safety, <br />and welfare, and is declared and deemed a public nuisance and may be summarily <br />abated as such. <br />Sec. 39-56.15. - Same—Violation of other laws. <br />Any person acting in violation of this section also may be acting in violation of the <br />Federal Clean Water Act or the California Porter -Cologne Water Quality Control Act and <br />other laws 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 Water Act <br />Section 505(a), seeking penalties, damages, and orders compelling compliance, and <br />other appropriate relief. The enforcing attorney may notify the Environmental Protection <br />Agency, the California Regional Water Quality Control Board, or any other appropriate <br />state or local agency, of any alleged violation of this section. <br />Sec. 39-56.16. - Same—Other civil remedies. <br />(a) The enforcing attorney may file an action for civil damages in a court of <br />competent jurisdiction seeking recovery of: <br />(1) All costs incurred in enforcement of the section, including but not limited to <br />costs relating to investigation, sampling, monitoring, inspection, administrative <br />expenses, all other expenses as authorized by law, and consequential damages; <br />(2) All costs incurred in mitigating harm to the environment or reducing the <br />threat to human health; and <br />(3) Damages for irreparable harm to the environment. <br />(b) The remedies available to the city pursuant to the provisions of this article <br />shall not limit the city's right to seek any other remedy that may be available by law. <br />Sec. 39-57. - Infiltration and inflow into sewer system. <br />All city -owned sewer lines and private on-site sewer lines and laterals should be <br />constructed and maintained to prevent water infiltration into the sewer system. Private <br />Ordinance No. NS -2921 <br />Page 50 of 57 <br />
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