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Ordinance 1750-90
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Ordinance 1750-90
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9/28/2017 10:27:56 AM
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Ordinances
Ordinance Number
1750-90
Date
12/7/1990
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order except by order of the Superior Court and on posting of a bond to be <br /> 2 determined by the court naming the City as beneficiary. The review shall be <br /> 3 onducted on the record by the court without a jury. The record shall be <br /> 4 satisfied by a narrative report certified by the Pollution Hearing Officer <br /> 5 and no verbatim record of proceedings before the Pollution Hearing Officer <br /> 6 shall be required to be presented to the Superior Court; provided that the <br /> 7 court may order that the record may be supplemented as necessary to <br /> 8 determine whether the Order is illegal or arbitrary and capricious. The <br /> 9 court may affirm the Order or remand the case for further proceedings; or it <br /> 10 ay reverse the Order if the substantial rights of the petitioners may have <br /> 11 been prejudiced because the findings, conclusions and decision are <br /> 12 determined to be arbitrary, capricious or contrary to law. <br /> 13 F. The Pollution Hearing Officer is authorized to establish rules <br /> 14 and procedures for said appeals. <br /> 15 G. Failure to comply with an order to correct unsafe condition after <br /> 16 the date for completion shall be a violation of this ordinance. <br /> 17 Section 10: UNSAFE CONDITIONS REQUIRING IMMEDIATE ACTION. <br /> 18 Notwithstanding any other provisions of this ordinance, whenever it <br /> 19 appears to the Director that unsafe conditions exist causing pollution in <br /> 20 the surface water system which can be immediately identified and which <br /> 21 requires emergency action to protect the public health or safety, the <br /> 22 Director is authorized to enter at all reasonable times in or upon any <br /> 23 property, public or private, for the purpose of inspecting and investigating <br /> 24 such unsafe conditions. The Director or his/her designee may issue an <br /> 25 emergency order requiring the immediate discontinuance of any activity <br /> 26 causing pollution. Failure to comply immediately with an emergency order <br /> 27 shall constitute a violation of this ordinance. <br /> 28 Section 11 : DISCHARGE OF POLLUTANTS INTO NATURAL WATERS - LIABILITY FOR <br /> EXPENSES INCURRED BY THE CITY. <br /> 29 <br /> Any person responsible for pollutant discharge into natural waters who <br /> 30 <br /> fails to immediately collect, remove, contain, treat, or disperse such <br /> 31 <br /> pollutant materials at the Director's request is responsible for the <br /> 32 <br /> 6 <br />
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