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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2012 - 42 <br />BY: Mayor Kennedy <br />AN ORDINANCE AMENDING SECTION 917.99 ENTITLED "PENALTY" <br />OF CHAPTER 917 ENTITLED "INDUSTRIAL PRETREATMENT" OF THE <br />STREETS, UTILITIES AND PUBLIC SER VICES CODE IN ORDER TO <br />ELIMINATE AFFIRMATIVE DEFENSES TO TREATMENT VIOLATIONS. <br />WHEREAS, the Ohio Environmental Protection Agency, in the course of its routine <br />review of rules and regulations for operating systems at the North Olmsted Wastewater <br />Treatment Plant, recommended amendment of North Olmsted Codified Section 917.99(d); and <br />WHEREAS, it is the recommendation of the Administration that the City accept the <br />recommendation of the Ohio EPA and amend Section 917.99(d) to eliminate Affirmative <br />Defenses that may otherwise raised in response citation of treatment violations; and <br />WHEREAS, it is the desire of this Council, consistent with the recommendations of the <br />Administration and regulatory authorities, to amend Section 917.99(d). <br />NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: That Section 917.99(d) "PENALTY" which presently reads in its entirety <br />as set forth in Exhibit A, which is attached to this Ordinance and incorporated by reference as if <br />fully rewritten herein, shall be amended and, as amended, shall read in its entirety as set forth in <br />Exhibit B, which is likewise attached to this Ordinance and likewise incorporated by reference as <br />if fully rewritten herein. <br />SECTION 2: That any ordinance, or part of ordinance, in conflict or inconsistent with <br />this Ordinance, is, to the extent of any such conflict or inconsistency, repealed. Conflicting or <br />inconsistent provisions of any Ordinance shall be corrected at re-codification. <br />SECTION 3: That, upon passage, this Ordinance shall take effect and be in force at the <br />earliest time allowed by law. <br />, <br />PASSED: <br />ATTE T: <br />MA IF, GALLO <br />First Reading: 115- 11 bo /d- <br />Second Reading: - it ??-- <br />Third Reading: }- <br />Committee: ?2Ym?? <br />? <br />DUANE K. LIMPERT