§ 11-25. Additional powers of POD.

The additional powers of the POD shall include the following:

(1)

In the event a violation of this article creates a health hazard or threatens serious damage to the public health, aquatic life or property or creates a nuisance, the POD shall have the authority to order immediate cessation of the operations causing such conditions. Any person receiving such emergency order for cessation of operations shall immediately comply with the requirements thereof. It shall be unlawful for any persons to fail or refuse to comply with an emergency order issued and served under the provisions of this section.

(2)

Whenever this article specifies the need for approval, a determination, permits, review or the promulgation of standards or criteria by an undisclosed entity, such approval, review, permitting, or promulgation shall be the duty and responsibility of the POD unless otherwise specifically provided. Such approvals, determinations, decisions to permit, and the promulgation of standards and criteria shall be based upon generally accepted concepts and standards of the particular professional discipline concerned.

(3)

When a violation of this article has occurred or continues to exist or when there may be an imminent endangerment to the public health or welfare or the environment because of a threatened release or discharge of a hazardous material, the POD may:

a.

Take action necessary to prevent such violation; and

b.

Restore the air, water, and property including, but not limited to, animal, plant, and aquatic life affected by such violation.

This provision shall not be construed to provide a defense to or otherwise relieve or limit the liability or responsibility of any person violating the provisions of this article. The POD may institute suit in a court of competent jurisdiction to recover the sums expended by the City for the restoration and prevention from the persons responsible.

(4)

Order testing by the person who is or may be responsible for a violation of this article. The design and nature of such testing shall be approved by the POD prior to implementation of the testing. Such testing shall be accomplished and the results thereof submitted to the POD, for review no later than such time as determined by the POD.

(Code 1973, § 14-3; Code 1992, § 11-28)