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84-040 Ordinance
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84-040 Ordinance
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1/11/2014 12:39:23 PM
Creation date
12/26/2013 9:50:26 AM
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North Olmsted Legislation
Legislation Number
84-040
Legislation Date
4/26/1984
Year
1984
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, "? `?' • ? ? ? <br />; . <br />'(h) Right of Appeal - Any Discharger or any interested party <br />, shall have the right to request in writing an interpretation or ruling <br />by the City on any matter covered by this ordinance and shall be <br />entitled to a prompt written reply. In the event that such inquiry is <br />by a Discharger and deals with matters of performance or compliance <br />with this Ordinance for which enforcement activity relating to an <br />alleged violation is the subject, receipt of a Discharger's request, <br />shall stay all enforcement proceedings pending receipt of the <br />aforesaid written reply. Appeal of any final judicial order entered <br />pursuant to this Ordinance may be taken in accordance with local and <br />state law. <br />(i) Other Remedies. Notwithstanding any other enforcement proce- <br />dure listed in the Codified Ordinances, whenever it is determined <br />there is a substantial danger to the public health or welfare or a <br />substantial danger to the environment or of interfering with the POTW <br />due to the acts or omissions of any Discharger, the City may, through <br />its appropriate officials, seek a temporary restraining order, tempo- <br />rary or permanent injunction or abatement in the Court of Common Pleas <br />and shall not be required under these conditions to exhaust the admin- <br />istrative procedures within the Codified Ordinances as a condition <br />precedent to the commencement of such action. <br />917.07 RECORDS RETENTION. <br />All Dischargers subject to the Codified Ordinances shall retain <br />and preserve for no less than three years, any records, books, docu- <br />ments, memoranda, reports, correspondence, and any and all summaries <br />thereof, relating to monitoring, sampling, and chemical analyses mac3e <br />by or in behalf of a Discharger in connection with its discharge. All <br />records which pertain to materials which are the subject of Adminis- <br />trative Adjustment or any other enforcement or litigation activities <br />brought by the City pursuant hereto shall be retained anc3 preserved by <br />the Discharger until all enforcement activities have concluded and all <br />periods of limitation with respect to any and all appeals have expirer3. <br />917.08 GRIEVANCES AND APPEALS <br />Requirements for filing a grievance or appeal shall be in <br />accordance with Section 911.17 of the Codified Ordinances. <br />917.99 PENALTIES. <br />(a) Any Discharger that violates any provision of this Chapter or <br />any order made thereunder may be fined not more than $1,000.00. Each <br />day during which each violation continues shall be considered a sepa- <br />rate offense. <br />(b) Any Discharger violating any of the provisions of the Codi- <br />fied Ordinances, or who discharges or causes a discharge proc3ucing a <br />deposit or obstruction, or causes damage to or impairs the City's <br />sewage disposal system shall be liable to the City for any expense, <br />loss, or damage caused by such violation or discharge. The City shall <br />-14-
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