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2008/05/07 Council Agenda Packet
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2008/05/07 Council Agenda Packet
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Council Agenda Packet
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5/7/2008
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• <br /> ordinance. Users not paying fees within 60 days of the billing period will be subject to <br /> termination of service. The Director may change existing or adopt new fees. <br /> 13.2 Severability <br /> Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or <br /> its application to any person or situation be declared unconstitutional or invalid for any <br /> reason, such decision shall not affect the validity of the remaining portions of this <br /> ordinance or its application to any other person or situation. The City Council of the City <br /> of Everett hereby declares that it would have adopted this ordinance and each section, <br /> subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one <br /> or more sections, subsections, clauses, phrases or portions be declared invalid or <br /> unconstitutional. <br /> 13.3 Conflicts /Repeal <br /> All other ordinances and parts of other ordinances inconsistent or conflicting with any <br /> part of this ordinance, are hereby repealed to the extent of the inconsistency or conflict. <br /> Specifically, Section 19 of Ordinance 1506-88 (EMC 14.08.250 - Pretreatment) is <br /> repealed and Ordinance 2034-95, as amended by Ordinance 2247-97(Chapter 14.40 EMC <br /> - Wastewater Pretreatment Regulations) is repealed. Permits issued under Ordinance <br /> 2034-95, as amended by Ordinance 2247-97,shall hereafter be subject to the provisions of <br /> this ordinance. <br /> 13.4 Non-Liability <br /> It is expressly the purpose of this ordinance to comply with the September 13, 1985 order <br /> of the Washington State Department of Ecology requiring the City of Everett to establish <br /> an industrial pre-treatment program and to provide for and promote the health, safety and <br /> welfare of the general public. It is not the intent of this ordinance to create or otherwise <br /> establish or designate any particular class or group of persons who will or should be <br /> especially protected or benefited by the terms or requirements of this ordinance. <br /> It is the specific intent of this ordinance to place the obligation of complying with these <br /> regulations upon the applicant or Discharger and no provision nor any term used in this <br /> ordinance is intended to impose any duty whatsoever upon the City or any of its officers, <br /> employees or agents, except as provided under the Act or other related statutes of the <br /> United States or the State of Washington. <br /> Nothing contained in this ordinance is intended to be nor shall be construed to create or <br /> form the basis for any tort liability on the part of the City or its officers, employees or <br /> 1 /"' agents, for any injury or damage resulting from the failure of an applicant or Discharger <br /> 64 <br />
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