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HEALTH AND SANITATION CODE
<br /> together with or separate from the general taxes. a result of allowing,the entry of such discharges into
<br /> The Director shall follow the procedures set forth in the collection system and/or treatment works.
<br /> Section 7-092.18 for having said charges collected The City may petition the Superior Court of San '
<br /> with the general taxes. Joaquin County to impose, assess, and collect any
<br /> Any person alleging to have been aggrieved by sums levied pursuant to this Chapter and Sections
<br /> any emergency action taken by the City pursuant to 54725, 54739, and 54740, et seq. of the California
<br /> this Section may appeal the propriety of the City's Government Code. in determining the amount to be
<br /> action_by filing=a=written=notice-of appeal=with;the recovered;the=court shail'takWinto consideiation all
<br /> Director of the Municipal Utilities Department within relevant cine mstances, including, but not limited to,
<br /> fifteen (15) days of the emergency abatement_ the extent of harm caused by the violation, the
<br /> Thereafter, said persons may file an appeal directly economic benefit derived through any
<br /> to the City Manager. The City Manager shall fix the noncompliance, the nature and persistence of the
<br /> date, time and place of the hearing of said appeal, violation,the length of time over which the violation
<br /> not to exceed sixty (60) days from the filing of the occurs, and corrective action, if any, attempted or
<br /> appeal, and shall cause the Municipal Utilities taken by the discharger. Notwithstanding any other
<br /> Director to send notice of the hearing to the provision of law, all evil penalties imposed by the
<br /> aggrieved party. The City Manager shall have no court pursuant to this Paragraph shall be distributed
<br /> obligation to hear any request for appeal filed in to the City. Remedies imposed pursuant to this
<br /> excess of thirty(30) days following the denial of the Section are in addition to and do not supersede or
<br /> appeal by the Municipal Utilities Director. limit any and all other administrative,civil,or criminal
<br /> (Amended by Ordinance 013-93C.S. — Effective remedies available at law, but no liability shall be
<br /> June 10, 1993) (Added by Ordinance 3690C.S — recoverable under this Section for any violation for
<br /> Effective Oct. 13, 1983) which liability is recovered under Section 7-091.13 of
<br /> this Part.
<br /> SEC.7-091.6. LEGAL ACTION: (Amended by Ordinance 013-93C.S. — Effective
<br /> If any person discharges sewage, industrial June 10, 1993) (Added by Ordinance 3960C.S --
<br /> waste or other wastes into the City's wastewater Effective Oct.13, 1983)
<br /> disposal system contrary to the provisions of this
<br /> Part, Federal or State pretreatment standards or SEC.T-091.8. ADMINISTRATIVE
<br /> requirements, or any order of the City or any other ADJUDICATION AND
<br /> local governmental agency having regulatory PENALTIES:
<br /> jurisdiction, or otherwise commits any violation The City may issue_an.administrative�complaint--=
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<br /> Contra ry Wany-of'ttieprovrs:ons of'this Part,the City to any person who violates any requirement adopted
<br /> Attorney may commence an action for appropriate or ordered by the City pursuant to this Part The
<br /> legal, equitable, or injunctive relief in the courts of administrative complaint shall allege with
<br /> San Joaquin County. particularity,the act-or failure to act that constitutes
<br /> (Amended by Ordinance 013-93C.S. — Effective the violation, the Section of the Stockton Municipal
<br /> June 10, 1993) (Added by Ordinance 3690C.S. — Code or wastewater permit provision violated, and
<br /> Effective Oct.13, 1983) the provisions of law authorizing civil liability to be
<br /> imposed,and the proposed dd penalty,and shall be
<br /> SEC.7-091.7. CML PENALTIES: served by personal delivery or certified mail on the
<br /> Any person who violates any provision of any person subject to the discharge requirements. In
<br /> permit issued pursuant to this Part,who discharges addition,the administrative complaint shall inform the
<br /> waste or wastewater which causes pollution,or who person served that a hearing before a hearing officer
<br /> violates any cease and desist order, prohibition as designated by the'City Council shall be conducted
<br /> effluent limitations, national standard of within sixty (60) days after the person has been
<br /> performance, or national pretreatment or toxicity served. Persons aggrieved by the provisions of
<br /> standard or any other order of the Director shall be Section 7-091.4 of this Part may also avail
<br /> civilly frable to the City in a sum not to exceed twenty- themselves of the administrative adjudication
<br /> five thousand ($25,000.00) dollars per violation per procedures set forth in this and the following
<br /> day. In addWi n,the City may require the user to pay Sections. Any person entitled to a hearing to be
<br /> any excess costs to the system for supplementary conducted pursuant to this provision may waive the
<br /> treatment plants,facilities, or operations needed as right to a hearing;in which case the City shall not
<br /> conduct a hearing.
<br /> 7-41
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